STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
THIRTY-SECOND
DAY
Saint Paul, Minnesota, Monday, April 8, 2013
The House of Representatives convened at
3:00 p.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Rick
Walston, Marion Church of Christ, Rochester, 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
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk.Thissen
A quorum was present.
Garofalo was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 166 and
H. F. No. 201, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Schoen moved that
S. F. No. 166 be substituted for H. F. No. 201
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 319 and
H. F. No. 525, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Erhardt moved that the rules be so far
suspended that S. F. No. 319 be substituted for
H. F. No. 525 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 521 and
H. F. No. 623, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Melin moved that the rules be so far
suspended that S. F. No. 521 be substituted for
H. F. No. 623 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 716 and
H. F. No. 1205, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Anderson, S., moved that the rules be so
far suspended that S. F. No. 716 be substituted for
H. F. No. 1205 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Dill from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 128, A bill for an act relating to solid waste; amending process for cities to implement organized collection of solid waste; amending Minnesota Statutes 2012, section 115A.94, subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012, section 115A.94, subdivision 4.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
Paymar from the Committee on
Public Safety Finance and Policy to which was referred:
H. F. No. 285, A bill for an act relating to
public safety; modifying the lawful possession of firearms; amending Minnesota
Statutes 2012, sections 624.712, subdivision 5, by adding a subdivision;
624.713, subdivision 1, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 253B.24, is amended to read:
253B.24
TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a)
When a court:
(1) commits a person under this chapter as being mentally
ill, developmentally disabled, mentally ill and dangerous, or chemically
dependent;
(2) determines in a criminal case that a person is
incompetent to stand trial or not guilty by reason of mental illness; or
(3) restores a person's ability to
possess a firearm under section 609.165, subdivision 1d, or 624.713,
subdivision 4,
the
court shall ensure that this information is electronically transmitted as
soon as practicable within three business days to the National
Instant Criminal Background Check System.
(b) No later than January 1, 2014, the state court
administrator must transfer to the National Instant Criminal Background Check
System, in electronic data format, the name and type of commitment for persons
who were civilly committed under this chapter since August 1, 2005.
(c) No later than July 1, 2015, the state court
administrator must transfer to the National Instant Criminal Background Check
System, in electronic data format, the name and type of commitment for persons
who were civilly committed under this chapter since August 1, 1994.
Sec. 2. Minnesota
Statutes 2012, section 299C.17, is amended to read:
299C.17 REPORT BY
COURT ADMINISTRATOR.
The superintendent shall have power to require the
court administrator of any county of every court which sentences a
defendant for a felony, gross misdemeanor, or targeted misdemeanor to file
with the department, at such time as the superintendent may designate, electronically
transmit within three business days of the disposition of the case a
report, upon such in a form as prescribed by the
superintendent may prescribe, furnishing such providing
information as required by the superintendent may require
with regard to the prosecution and disposition of criminal cases. A copy of the report shall be kept on file in
the office of the court administrator.
Sec. 3. Minnesota
Statutes 2012, section 624.712, subdivision 5, is amended to read:
Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.215 (aiding suicide and aiding attempted
suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.224, subdivision 4 (felony assault in the fifth degree);
609.2242, subdivision 4 (felony domestic assault); 609.2247 (domestic assault
by strangulation); 609.229 (crimes committed for the benefit of a gang);
609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false
imprisonment); 609.322 (solicitation, inducement, and promotion of
prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.486 (commission of crime while
wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a
firearm, theft involving the intentional taking or driving of a motor vehicle
without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building,
or from an area of destruction caused by civil disaster, riot, bombing, or the
proximity of battle, and theft involving the theft of a controlled substance,
an explosive, or an incendiary device); 609.561 (arson in the first degree);
609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary
in the first through third degrees); 609.66, subdivision 1e (drive-by
shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749
(stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or
facility); and chapter 152 (drugs, controlled substances); and an attempt to
commit any of these offenses. The
term also includes a second or subsequent conviction or delinquency
adjudication for a violation of section 624.713, subdivision 2, paragraph (a)
(certain juveniles not to possess firearms).
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 4. Minnesota
Statutes 2012, section 624.712, is amended by adding a subdivision to read:
Subd. 12. Ammunition. "Ammunition"
means ammunition or cartridge cases, primers, bullets, or propellent powder
designed for use in any firearm.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 5. Minnesota
Statutes 2012, section 624.713, subdivision 1, is amended to read:
Subdivision 1. Ineligible persons. The following persons shall not be
entitled to possess ammunition or a pistol or semiautomatic
military-style assault weapon or, except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under
18 may possess ammunition designed for use in a firearm that the person may
lawfully possess and may carry or possess a pistol or semiautomatic
military-style assault weapon (i) in the actual presence or under the direct
supervision of the person's parent or guardian, (ii) for the purpose of
military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction,
competition, or target practice on a firing range approved by the chief of
police or county sheriff in whose jurisdiction the range is located and under
direct supervision; or (iv) if the person has successfully completed a course
designed to teach marksmanship and safety with a pistol or semiautomatic
military-style assault weapon and approved by the commissioner of natural
resources;
(2) except as otherwise provided in clause (9), a person who
has been convicted of, or adjudicated delinquent or convicted as an extended
jurisdiction juvenile for committing, in this state or elsewhere, a crime of
violence. For purposes of this section,
crime of violence includes crimes in other states or jurisdictions which would
have been crimes of violence as herein defined if they had been committed in
this state;
(3) a person who is or has ever been ordered
committed in Minnesota or elsewhere by a judicial determination that the person
is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02, to a treatment facility, whether or
not the order was stayed, or who has ever been found incompetent to stand
trial or not guilty by reason of mental illness, unless the person's ability to
possess a firearm and ammunition has been restored under subdivision 4;
(4) a person who has been
convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor
violation of chapter 152, unless three years have elapsed since the date of
conviction and, during that time, the person has not been convicted of any
other such violation of chapter 152 or a similar law of another state; or a
person who is or has ever been committed by a judicial determination for
treatment for the habitual use of a controlled substance or marijuana, as
defined in sections 152.01 and 152.02, unless the person's ability to possess a
firearm and ammunition has been restored under subdivision 4;
(5) a person who is or has ever been committed
to a treatment facility in Minnesota or elsewhere by a judicial determination
that the person is chemically dependent as defined in section 253B.02, unless
the person has completed treatment or the
person's ability to possess a firearm and ammunition has been restored
under subdivision 4. Property
rights may not be abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical dependency, unless
the officer possesses a certificate from the head of the treatment facility
discharging or provisionally discharging the officer from the treatment
facility. Property rights may not be
abated but access may be restricted by the courts;
(7) a person, including a person under
the jurisdiction of the juvenile court, who has been charged with committing a
crime of violence and has been placed in a pretrial diversion program by the
court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who
has been convicted in another state of committing an offense similar to the
offense described in section 609.224, subdivision 3, against a family or
household member or section 609.2242, subdivision 3, unless three years have
elapsed since the date of conviction and, during that time, the person has not
been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or
elsewhere of assaulting a family or household member and who was found by the
court to have used a firearm in any way during commission of the assault is
prohibited from possessing any type of firearm or ammunition for the
period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year;
(ii) is a fugitive from justice as a result of having fled
from any state to avoid prosecution for a crime or to avoid giving testimony in
any criminal proceeding;
(iii) is an unlawful user of any controlled substance as
defined in chapter 152;
(iv) has been judicially committed to a treatment facility
in Minnesota or elsewhere as a person who is mentally ill, developmentally
disabled, or mentally ill and dangerous to the public, as defined in section
253B.02;
(v) is an alien who is illegally or unlawfully in the United
States;
(vi) has been discharged from the armed forces of the United
States under dishonorable conditions; or
(vii) has renounced the person's citizenship having been a
citizen of the United States;
or
(11) a person who has been convicted of the following
offenses at the gross misdemeanor level, unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted
of any other violation of these sections:
section 609.229 (crimes committed for the benefit of a gang); 609.2231,
subdivision 4 (assaults motivated by bias);
609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a
spring gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or
jurisdictions which would have been gross misdemeanors if conviction occurred
in this state.
A person who issues a certificate pursuant to this section
in good faith is not liable for damages resulting or arising from the actions
or misconduct with a firearm or ammunition committed by the individual
who is the subject of the certificate.
The prohibition in this subdivision relating to the
possession of firearms other than pistols and semiautomatic military-style
assault weapons does not apply retroactively to persons who are prohibited from
possessing a pistol or semiautomatic military-style assault weapon under this
subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping,
or transporting firearms and ammunition for persons convicted or
adjudicated delinquent of a crime of violence in clause (2), applies only to
offenders who are discharged from sentence or court supervision for a crime of
violence on or after August 1, 1993.
For purposes of this section, "judicial
determination" means a court proceeding pursuant to sections 253B.07 to
253B.09 or a comparable law from another state.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 6. Minnesota
Statutes 2012, section 624.713, subdivision 2, is amended to read:
Subd. 2. Penalties.
(a) A person named in subdivision 1, clause (1), who possesses ammunition,
or a pistol or semiautomatic military-style assault weapon is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
(b) A person named in subdivision 1, clause (2), who
possesses any type of firearm or ammunition is guilty of a felony and
may be sentenced to imprisonment for not more than 15 years or to payment of a
fine of not more than $30,000, or both. This
paragraph does not apply to any person who has received a relief of disability
under United States Code, title 18, section 925, or whose ability to possess
firearms and ammunition has been restored under section 609.165,
subdivision 1d.
(c) A person named in any other clause of subdivision 1 who
possesses any type of firearm or ammunition is guilty of a gross
misdemeanor.
(d) A person is criminally liable for a crime committed by
another under this section if the person intentionally assists, advises, hires,
counsels, commands, or otherwise procures the other to commit the crime.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 7. [624.7133] GUN SHOWS; TRANSFERS OF PISTOLS
AND SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS.
Subdivision 1. Definitions. For
the purposes of this section, "gun show" means the entire premises
open to the public for an event or function, that is sponsored and has the
primary purpose of facilitating the purchase, sale, or offer for sale, of
firearms at which 25 or more firearms are offered for transfer, and ten or more
persons are offering one or more firearms for transfer. The "entire premises" includes, but
is not limited to, parking areas and areas open to the public that are used by
attendees during the event or function.
Subd. 2.
(b) When two parties, neither of whom is a federally
licensed firearms dealer, desire to transfer a pistol or semiautomatic
military-style assault weapon at a gun show, the transferee must present the
transferor a valid permit to purchase issued under section 624.7131 or a valid
permit to carry a pistol issued under section 624.714 prior to completing the
transfer.
Subd. 3. Exclusion. This
section does not apply to transfers of antique firearms as defined in section
624.712, subdivision 3.
EFFECTIVE DATE. This section is effective August 1, 2013."
Delete the title and insert:
"A bill for an act relating to public safety; providing
for the transfer of civil commitment data to a federal background check system;
modifying the lawful possession and transfer of firearms; amending Minnesota
Statutes 2012, sections 253B.24; 299C.17; 624.712, subdivision 5, by adding a
subdivision; 624.713, subdivisions 1, 2; proposing coding for new law in
Minnesota Statutes, chapter 624."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Wagenius
from the Committee on Environment, Natural Resources and Agriculture Finance to
which was referred:
H. F. No. 641, A bill for an act relating to clean water; appropriating money for public water access site design and best management practices.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CLEAN WATER FUND
Section 1. CLEAN
WATER FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the clean water fund and are available for the fiscal
years indicated for allowable activities under the Minnesota Constitution,
article XI, section 15. The figures
"2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2014, or June 30, 2015, respectively.
"The first year" is fiscal year 2014. "The second year" is fiscal year
2015. "The biennium" is fiscal
years 2014 and 2015. The appropriations
in this article are onetime.
|
|
|
APPROPRIATIONS
|
|
|
|
|
Available
for the Year |
|
|
|
|
Ending
June 30 |
|
|
|
|
2014 |
2015 |
Sec. 2. CLEAN
WATER |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$95,145,000 |
|
$96,032,000 |
The amounts that may be spent
for each purpose are specified in the following sections.
Subd. 2. Availability
of Appropriation |
|
|
|
|
Money appropriated in this article may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation and the recipient retains documentation sufficient to
justify the use of the funds. Money
appropriated in this article must be spent in accordance with Minnesota
Management and Budget's Guidance to Agencies on Legacy Fund Expenditure. Notwithstanding Minnesota Statutes, section
16A.28, and unless otherwise specified in this article, fiscal year 2014
appropriations are available until June 30,
2015, and fiscal year 2015 appropriations are available until June 30,
2016. If a project receives federal
funds, the time period of the appropriation is extended to equal the
availability of federal funding.
Sec. 3. DEPARTMENT
OF AGRICULTURE |
|
$7,895,000 |
|
$7,895,000 |
(a) $350,000 the first year and $350,000
the second year are to accelerate monitoring for pesticides and pesticide
degradates in surface water and groundwater in areas vulnerable to surface
water impairments and groundwater degradation and to use data collected to
improve pesticide use practices.
(b) $3,110,000 the first year and
$3,110,000 the second year are to increase monitoring and evaluate trends in
the concentration of nitrates in groundwater in areas vulnerable to groundwater
degradation, including a substantial increase of monitoring of private wells in
cooperation with the commissioner of health, monitoring
for pesticides when nitrates are detected, and promoting and evaluating regional and crop-specific
nutrient best management practices to protect groundwater from
degradation. Of this amount, $75,000 is
for accelerating the update for the commercial manure applicator manual. This amount is to be matched with general
funds. This appropriation is available
until June 30, 2016, when the commissioner
shall submit a report to the chairs and ranking minority members of the senate
and house of representatives committees and divisions with jurisdiction over
agriculture and environment and natural resources policy and finance on the expenditure
of these funds, including the progress in preventing groundwater degradation and recommendations. By October 15, 2014, the commissioner shall submit an interim report
to the chairs and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction over agriculture and environment and
natural resources policy and finance on the expenditure of these funds,
including recommendations.
(c)
$100,000 the first year and $100,000 the second year are for transfer to the
clean water agricultural best management practices loan account and are
available for pass-through to local governments and lenders for low-interest
septic system loans under Minnesota Statutes, section 17.117. Any unencumbered balance that is not used for
pass-through to local governments does not cancel at the end of the first year
and is available for the second year.
(d) $1,500,000 the first year and
$1,500,000 the second year are for technical assistance, including but not
limited to small watershed evaluation, edge of field monitoring, assessment of
stream channel characteristics, terrain analysis, corn stalk testing, sediment
fingerprinting, and agronomic assessments, all designed to establish advanced
practices for protecting lakes, rivers, and streams and for protecting
groundwater from degradation. This
appropriation is available until June 30, 2016.
(e) $1,050,000 the first year and
$1,050,000 the second year are for research that could pass peer review to
protect water resources from agricultural related contaminants, including: pilot projects, including the use of cover
crops; development of best management practices; and technical assistance on
proper implementation of best management practices to protect and restore
surface water and protect groundwater from degradation. This appropriation is available until June
30, 2018.
(f) $175,000 the first year and $175,000
the second year are for a research inventory database containing water-related
research activities. Any information
technology development or support or costs necessary for this research
inventory database will be incorporated into the agency's service level
agreement with and paid to the Office of Enterprise Technology. This appropriation is available until June
30, 2016.
(g) $1,500,000 the first year and
$1,500,000 the second year are to implement a Minnesota agricultural water
quality certification program. This
appropriation is available until June 30, 2018.
(h) $110,000 the first year and $110,000
the second year are for a regional irrigation water quality specialist through
the University of Minnesota Extension Service to accelerate efforts to provide
guidance on managing water and nitrogen fertilizer and to provide assistance
complying with permit requirements, regulations, and other related laws. By January 15, 2016, the commissioner shall
submit a report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over
agriculture and environment and natural resources policy and finance on the
expenditure of these funds, including recommendations.
Sec. 4. PUBLIC
FACILITIES AUTHORITY |
|
$11,000,000 |
|
$11,000,000 |
(a) $9,000,000 the first year and
$9,000,000 the second year are for the total maximum daily load grant program
under Minnesota Statutes, section 446A.073.
This appropriation is available until June 30, 2018.
(b) $2,000,000 the first year
and $2,000,000 the second year are for small community wastewater treatment
grants and loans under Minnesota Statues, section 446A.075. By January 15, 2014, the authority shall
submit recommendations to the chairs and ranking minority members of the senate
and house of representatives committees and divisions with jurisdiction over
agriculture and environment and natural resources policy and finance on
potential criteria that may be used to evaluate the option to buy out
properties if it is more cost-effective than a proposed wastewater treatment
system project. This appropriation is
available until June 30, 2018.
(c) If there are any uncommitted funds at
the end of each fiscal year under paragraph (a) or (b), the Public Facilities
Authority may transfer the remaining funds to eligible projects under any of
the programs listed in this section based on their priority rank on the
Pollution Control Agency's project priority list.
Sec. 5. POLLUTION
CONTROL AGENCY |
|
$30,315,000 |
|
$30,265,000 |
(a) $7,000,000 the first year and
$7,000,000 the second year are for completion of 20 percent of the needed
statewide assessments of surface water quality and trends.
(b) $500,000 the first year and $500,000
the second year are to monitor and assess unregulated contaminants in surface
water. By January 1, 2014, the
commissioner shall submit an initial report to the chairs and ranking minority
members of the house of representatives and senate committees and divisions
with jurisdiction over environment and natural resources policy and finance on
unregulated contaminants, including steps that should be taken to reduce the
most problematic contaminants.
(c)
$10,200,000 the first year and $10,200,000 the second year are to develop
watershed restoration and protection strategies (WRAPS), which include: total maximum daily load (TMDL) studies; TMDL
implementation plans for waters listed on the United States Environmental
Protection Agency approved impaired waters list in accordance with Minnesota
Statutes, chapter 114D; and setting reduction and protection goals and a
schedule for meeting the goals. The
agency shall complete an average of ten percent of the TMDL's each year over
the biennium. Of this amount, $800,000
each year is for conducting interim assessments of impaired waters five years
after the completion of a TMDL to determine the progress made in achieving
water quality improvements. Following
completion of each interim assessment conducted with this appropriation, the
commissioner shall submit the assessment to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
with jurisdiction over the environment and natural resources policy and
finance.
(d) $1,250,000 the first year
and $1,250,000 the second year are for groundwater assessment, including
enhancing the ambient monitoring network, modeling, and evaluating trends,
including the reassessment of groundwater that was assessed ten to 15 years ago
(e) $750,000 the first year and $750,000
the second year are for water quality improvements in the lower St. Louis
River and Duluth harbor within the St. Louis River System Area of Concern. This appropriation must be matched at a rate
of 65 percent nonstate money to 35 percent state money.
(f)
$3,000,000 the first year and $3,000,000 the second year are for the clean
water partnership program to provide grants to protect and improve the lakes,
basins, and watersheds of the state and provide financial and technical
assistance. Priority shall be given to
projects preventing impairments and degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota Statutes, section 114D.20, subdivision
2, clause (4). Any balance remaining in
the first year does not cancel and is available for the second year.
(g) $1,150,000 the first year and
$1,150,000 the second year are for TMDL research and database development.
(h) $1,000,000 the first year and $1,000,000
the second year are to initiate development of a multiagency watershed database
reporting portal. Of this amount,
$....... is for transfer to the Minnesota Geospatial Office for compiling and
distributing surface water and groundwater quality and quantity data.
(i) $900,000 the first year and $900,000
the second year are for national pollutant discharge elimination system
wastewater and storm water TMDL implementation efforts.
(j)
$3,450,000 the first year and $3,450,000 the second year are for grants to
counties with specific plans to significantly reduce water pollution by
reducing the number of subsurface sewage treatment systems (SSTS) that are an
imminent threat to public health or safety or are otherwise failing. Counties with an ordinance in place that
requires an SSTS to be compliant with existing standards upon property transfer
and as a condition of obtaining a building permit shall be given priority for
grants under this paragraph. Of this amount,
$750,000 each year is available to counties for grants to low-income landowners
in riparian areas to address systems that pose an immediate threat to public
health or safety. A grant awarded under
this paragraph may not exceed $500,000.
A county receiving a grant under this paragraph must submit a report to
the agency listing the projects funded, including an account of the
expenditures.
(k)
$550,000 the first year and $550,000 the second year are for water quality
monitoring in watersheds with participants in the agricultural water quality
certification program and watersheds targeted by the Board of Water and Soil
Resources in order to develop baseline surface water quality information,
including water quality data from areas located downstream from impacted areas.
(l) $375,000 the first year and $375,000
the second year are for developing wastewater treatment system designs and
practices and providing technical assistance.
Of this amount, $145,000 each year is for transfer to the Board of
Regents of the University of Minnesota to provide ongoing support for design
teams with scientific and technical expertise pertaining to wastewater
management and treatment that will include representatives from the University
of Minnesota, Pollution Control Agency, and municipal wastewater utilities and
other wastewater engineering experts. The
design teams shall promote the use of new technology, designs, and practices to
address existing and emerging wastewater treatment challenges, including the
treatment of wastewater for reuse and the emergence of new and other
unregulated contaminants. This
appropriation is available until June 30, 2016.
(m)
$100,000 the first year and $100,000 the second year are for grants to the Red
River Watershed Management Board to enhance and expand the existing water quality
and watershed monitoring river watch activities, including groundwater, in the
schools in the Red River of the North Watershed. The Red River Watershed Management Board
shall provide a report to the commissioner and the chair and ranking minority
members of the senate and house of representatives committees and divisions
with jurisdiction over environment and natural resources finance and policy and
the clean water fund by February 15, 2015, on the expenditure of these funds.
(n) $50,000 the first year is for providing
technical assistance to local units of government to address the impacts on
water quality from polycyclic aromatic hydrocarbons resulting from the use of
coal tar products.
(o) $40,000 the first year and $40,000 the
second year are to support activities of the Clean Water Council according to
Minnesota Statutes, section 114D.30, subdivision 1.
(p) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations encumbered on or before June 30, 2015, as
grants or contracts in this section are available until June 30, 2018.
Sec. 6. DEPARTMENT
OF NATURAL RESOURCES |
$14,460,000 |
|
$14,075,000 |
(a) $2,500,000 the first year and
$2,500,000 the second year are for stream flow monitoring, including the
installation of additional monitoring gauges, and monitoring necessary to
determine the relationship between stream flow and groundwater.
(b) $1,300,000 the first year
and $1,300,000 the second year are for lake Index of Biological Integrity (IBI)
assessments.
(c) $135,000 the first year and $135,000
the second year are for assessing mercury contamination of fish, including
monitoring to track the status of waters impaired by mercury and mercury
reduction efforts over time.
(d) $1,850,000 the first year and
$1,850,000 the second year are for developing targeted, science-based watershed
restoration and protection strategies, including regional technical assistance
for TMDL plans and development of a watershed assessment tool, in cooperation
with the commissioner of the Pollution Control Agency. By January 15, 2016, the commissioner shall
submit a report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over
environment and natural resources policy and finance providing the outcomes to
lakes, rivers, streams, and groundwater
achieved with this appropriation and recommendations.
(e)
$1,500,000 the first year and $1,500,000 the second year are for water supply
planning, aquifer protection, and monitoring activities.
(f) $1,000,000 the first year and
$1,000,000 the second year are for technical assistance to support local
implementation of nonpoint source restoration and protection activities,
including water quality protection in forested watersheds.
(g) $675,000 the first year and $675,000
the second year are for applied research and tools, including watershed
hydrologic modeling; maintaining and updating spatial data for watershed
boundaries, streams, and water bodies and integrating high-resolution digital
elevation data; assessing effectiveness of forestry best management practices
for water quality; and developing an ecological monitoring database.
(h) $615,000 the first year and $615,000
the second year are for developing county geologic atlases.
(i) $85,000 the first year is to develop
design standards and best management practices for public water access sites to
maintain and improve water quality by avoiding shoreline erosion and runoff.
(j) $3,500,000 the first year and
$3,500,000 the second year are for beginning to develop and designate
groundwater management areas under Minnesota Statutes, section 103G.287,
subdivision 4. The commissioner, in
consultation with the commissioners of the Pollution Control Agency, health,
and agriculture, shall establish a uniform statewide hydrogeologic mapping
system that will include designated groundwater management areas. The mapping system must include wellhead
protection areas, special well construction
areas, groundwater provinces,
groundwater recharge areas, and other designated or geographical areas related
to groundwater. This mapping system
shall be used to implement all groundwater-related laws and for reporting and
evaluations. This appropriation is
available until June 30, 2017.
(k) $1,100,000 the first year and
$1,000,000 the second year are for grants to counties and other local units of
government that have adopted advanced shoreland protection measures. The grants awarded under this paragraph shall
be for $100,000 and must be used to restore and enhance riparian areas to
protect, enhance, and restore water quality in lakes, rivers, and streams. Grant recipients must submit a report to the
commissioner on the outcomes achieved with the grant. To be eligible for a grant under this
paragraph, a county or other local unit of government must have adopted an
ordinance for the subdivision, use, redevelopment, and development of shoreland
that has been certified by the commissioner of natural resources as having
advanced shoreland protection measures. The
commissioner shall only certify an ordinance that meets or exceeds the
following standards:
(1) requires new sewage treatment systems
to be set back at least 100 feet from the ordinary high water level for
recreational development shorelands and 75 feet for general development lake
shorelands;
(2) requires redevelopment and new
development on shoreland to have at least a 50-foot vegetative buffer. An access path and recreational use area may
be allowed;
(3) requires mitigation when any variance to
standards designed to protect lakes, rivers, and streams is granted;
(4) requires best management practices to
be used to control storm water and sediment when 3,000 or more square feet are
disturbed as part of a land alteration;
(5) includes other criteria developed by
the commissioner; and
(6) has been adopted by July 1, 2015.
The commissioner may certify an ordinance
that does not exceed all the standards in clauses (1) to (5) if the
commissioner determines that the ordinance provides significantly greater
protection for both waters and shoreland than those standards.
The
commissioner of natural resources may develop additional criteria for the
grants awarded under this paragraph. In
developing the criteria, the commissioner shall consider the proposed changes
to the department's shoreland rules discussed during the rulemaking process
authorized under Laws 2007, chapter 57, article 1, section 4, subdivision
3. This appropriation is available until
spent.
(l)
$100,000 the first year is for preparing and hosting groundwater management
workshops to provide an update on scientific, technical, and other information
regarding groundwater sustainability, use, and best management practices to
groundwater management professionals and mayors or their designees in greater
Minnesota.
(m)
$100,000 the first year is for preparing and hosting, in consultation with the
Metropolitan Council, groundwater management workshops to provide an update on
scientific, technical, and other information regarding groundwater
sustainability, use, and best management practices to groundwater management
professionals and mayors or their designees in the metropolitan area.
(n) $25,000 the first year is to the
commissioner of natural resources to evaluate the water quality impacts of hard
rock aggregate mining on the headwaters of the Minnesota River. The commissioner must report to the chairs
and ranking minority members of the legislative committees with jurisdiction
over natural resources and local government by February 15, 2014. Until the commissioner reports to the
legislature the results of the commissioner's evaluation, no new hard rock
aggregate mining permit may be issued for mining activity near the headwaters
of the Minnesota River. This paragraph
is effective the day following final enactment.
Sec. 7. BOARD
OF WATER AND SOIL RESOURCES |
$22,648,000 |
|
$24,470,000 |
(a) $5,000,000 the first year and
$5,000,000 the second year are for grants to soil and water conservation
districts, watershed districts, watershed management organizations, and other
joint powers organizations organized for the management of water in a watershed
or subwatershed that have multiyear plans that will result in a significant
reduction in water pollution in a selected subwatershed. The grants may be used for the following
purposes: establishment of riparian
buffers; practices to store water for natural treatment and infiltration,
including rain gardens; capturing storm water for reuse; stream bank,
shoreland, and ravine stabilization; enforcement activities; and implementation
of best management practices for feedlots within riparian areas and other
practices demonstrated to be most effective in protecting, enhancing, and
restoring water quality in lakes, rivers, and streams and protecting
groundwater from degradation. Grant
recipients must provide a nonstate cash match of at least 25 percent of the
total eligible project costs. Grant
recipients may use other legacy funds to supplement projects funded under this
paragraph. Prairie restorations
conducted with funds awarded under this paragraph must include a diversity of
species, including species selected to provide habitat for pollinators
throughout the growing season, and protect existing native prairies from
genetic contamination. Grants awarded
under this paragraph are available for four years and priority shall be given
to the three to six best designed plans each
year. By January 15, 2016, the board shall submit
an interim report on the outcomes achieved with this appropriation, including
recommendations, to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over
environment and natural resources policy and finance. This appropriation is available until June
30, 2018.
(b) $2,853,000 the first year and
$4,675,000 the second year are for grants for the following purposes: establishment of riparian buffers; practices
to store water for natural treatment and infiltration, including rain gardens;
capturing storm water for reuse; stream bank, shoreland, and ravine
stabilization; enforcement activities; and implementation of best management
practices for feedlots within riparian areas and other practices demonstrated
to be most effective in protecting, enhancing, and restoring water quality in
lakes, rivers, and streams and protecting groundwater from degradation.
(c) $4,000,000 the first year and
$4,000,000 the second year are for targeted local resource protection and
enhancement grants for projects and practices that exceed current state
standards for protection, enhancement, and restoration of water quality in lakes,
rivers, and streams or that protect groundwater from degradation.
(d) $900,000 the first year and $900,000
the second year are to provide state oversight and accountability, evaluate
results, and measure the value of conservation program implementation by local
governments, including submission to the legislature by March 1 each year an
annual report prepared by the board, in consultation with the commissioners of
natural resources, health, agriculture, and the Pollution Control Agency,
detailing the recipients, projects funded under this section, and the amount of
pollution reduced.
(e) $1,700,000 the first year and
$1,700,000 the second year are for grants to local units of government to
ensure compliance with Minnesota Statutes, chapter 103E, and sections 103F.401
to 103F.455, including enforcement efforts.
Of this amount, $235,000 the first year is to update the Minnesota
Public Drainage Manual and the Minnesota Public Drainage Law Overview for
Decision Makers and to provide outreach to users.
(f) $6,500,000 the first year and
$6,500,000 the second year are to purchase and restore permanent conservation
easements on riparian buffers adjacent to lakes, rivers, streams, and
tributaries with a high risk of becoming impaired or that are currently impaired,
to keep water on the land in order to decrease sediment, pollutant, and
nutrient transport; reduce hydrologic impacts to surface waters; and increase
infiltration for groundwater recharge. This
appropriation may be used for restoration of riparian buffers protected by
easements purchased with this appropriation and for
stream bank restorations when
the riparian buffers have been restored.
Prairie restorations conducted with funds awarded under this paragraph
must include a diversity of species, including species selected to provide
habitat for pollinators throughout the growing season, and protect existing
native prairies from genetic contamination.
(g) $1,400,000 the first year and
$1,400,000 the second year are for permanent conservation easements on wellhead
protection areas under Minnesota Statutes, section 103F.515, subdivision 2,
paragraph (d). Priority must be placed
on land that is located where the vulnerability of the drinking water supply is
designated as high or very high by the commissioner of health.
(h)
$175,000 the first year and $175,000 the second year are for a technical
evaluation panel to conduct at least 20 restoration evaluations under Minnesota Statutes, section
114D.50, subdivision 6.
(i) $120,000 the first year and $120,000 the
second year are for grants to Area II Minnesota River Basin projects for
floodplain management.
(j) The
board shall contract for services with Conservation Corps Minnesota for
restoration, maintenance, and other activities under this section for $500,000
the first year and $500,000 the second year.
(k) The board may adjust the technical and
administrative assistance portion of the funds to leverage federal or other
nonstate funds or to address oversight responsibilities or high-priority needs
identified in local water management plans.
(l) The board shall require grantees to
specify the outcomes that will be achieved by the grants prior to any grant
awards and the board shall track the cumulative impacts and include those
impacts in reports on the expenditure of clean water funds submitted to the
legislature.
(m) The appropriations in this section are
available until June 30, 2018. Returned
grant funds are available until expended and shall be regranted consistent with
the purposes of this section.
Sec. 8. DEPARTMENT
OF HEALTH |
|
$6,198,000 |
|
$6,198,000 |
(a) $1,300,000 the first year and
$1,300,000 the second year are for addressing public health concerns related to
contaminants found in Minnesota drinking water for which no health-based
drinking water standards exist, including accelerating the development of
health risk limits, including triclosan, and improving the capacity of the department's laboratory to analyze
unregulated contaminants.
(b) $1,615,000 the first year
and $1,615,000 the second year are for protection of groundwater and surface
water drinking water sources, including protection from viruses.
(c) $250,000 the first year and $250,000
the second year are for cost share assistance to public and private well owners
for up to 50 percent of the cost of sealing unused wells.
(d) $390,000 the first year and $390,000
the second year are to update and expand the County Well Index, in cooperation
with the commissioner of natural resources.
(e) $325,000 the first year and $325,000
the second year are for studying the occurrence and magnitude of contaminants
in private wells and developing guidance to ensure that new well placement
minimizes the potential for risks, in cooperation with the commissioner of
agriculture.
(f) $105,000 the first year and $105,000
the second year are for monitoring recreational beaches on Lake Superior for
pollutants that may pose a public health risk and mitigating sources of
bacterial contamination that are identified.
(g) $980,000 the first year and $980,000
the second year are for a biomonitoring program that will focus on children and
disadvantaged communities to provide data on disparities in pollutant exposure
and other measures necessary to assist with water quality management and
protection decision making.
(h)
$1,233,000 the first year and $1,233,000 the second year are for the
development and implementation of a groundwater virus monitoring plan,
including an epidemiological study to determine the association between
groundwater virus concentration and community illness rates. This appropriation is available until
June 30, 2017.
(i) Unless otherwise specified, the
appropriations in this section are available until June 30, 2016.
Sec. 9. METROPOLITAN
COUNCIL |
|
$2,000,000 |
|
$1,500,000 |
(a) $250,000 the first year and $250,000
the second year are for grants or loans for local inflow and infiltration
reduction programs addressing high priority areas in the metropolitan area, as
defined in Minnesota Statutes, section 473.121, subdivision 2. This appropriation is available until
expended.
(b) $500,000 the first year is for an
agreement with the United States Geological Survey to investigate groundwater
and surface water interaction in and around White Bear Lake and surrounding northeast metropolitan lakes, including seepage
rate determinations,
water quality of groundwater
and surface water, isotope analyses, lake level analyses, water balance
determination, and creation of a calibrated groundwater flow model. The council shall use the results to prepare
guidance for other areas to use in addressing groundwater and surface water
interaction issues. This is a onetime
appropriation and is available until June 30, 2016.
(c) $1,250,000 the first year and
$1,250,000 the second year are for metropolitan regional groundwater planning
to achieve water supply reliability and sustainability, including determination
of a sustainable regional balance of surface water and groundwater, a
feasibility assessment of potential solutions to rebalance regional water use
and identify potential solutions to address emerging subregional water supply
issues such as the northeast metro, and development of an implementation plan
that addresses regional targets and
timelines and defines short- and medium-term milestones for achieving the
desirable surface water and groundwater regional balance. By January 15, 2014, the commissioner shall
submit an interim report on the expenditure of this appropriation to the chairs
and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural
resources finance and policy and the clean water fund.
Sec. 10. UNIVERSITY
OF MINNESOTA |
|
$615,000 |
|
$615,000 |
$615,000 the first year and $615,000 the
second year are for developing county geologic atlases. This appropriation is available until June
30, 2018.
Sec. 11. LEGISLATURE
|
|
$14,000 |
|
$14,000 |
$14,000 the first year and $14,000 the
second year are for the Legislative Coordinating Commission for the Web site
required in Minnesota Statutes, section 3.303, subdivision 10, including
detailed mapping.
Sec. 12. [17.9891]
PURPOSE.
The commissioner, in consultation with
the commissioner of natural resources, commissioner of the Pollution Control
Agency, and Board of Water and Soil Resources, may implement a Minnesota agricultural
water quality certification program whereby a producer who demonstrates
practices and management sufficient to protect water quality is certified for
up to ten years and presumed to be contributing the producer's share of any
targeted reduction of water pollutants during the certification period. The program is voluntary. The program will first be piloted in selected
watersheds across the state, until such time as the commissioner, in
consultation with the commissioner of natural resources, commissioner of the
Pollution Control Agency, and Board of Water and Soil Resources, determines the
program is ready for expansion.
Sec. 13. [17.9892]
DEFINITIONS.
Subdivision 1. Application. The definitions in this section apply
to sections 17.9891 to 17.993.
Subd. 2. Technical
assistance. "Technical
assistance" means professional, advisory, or cost share assistance
provided to individuals in order to achieve certification.
Subd. 3. Certifying
agent. "Certifying
agent" means a person who is authorized by the commissioner to assess
producers to determine whether a producer satisfies the standards of the
program.
Subd. 4. Certification. "Certification" means a
producer has demonstrated compliance with all applicable environmental rules
and statutes for all of the producer's owned and rented agricultural land and
has achieved a satisfactory score through the certification instrument as
verified by a certifying agent.
Subd. 5. Eligible
land. "Eligible
land" means all acres of a producer's agricultural operation, whether
contiguous or not, that are under the effective control of the producer at the
time the producer enters into the program and that the producer operates with
equipment, labor, and management.
Subd. 6. Effective
control. "Effective
control" means possession of land by ownership, written lease, or other
legal agreement and authority to act as decision maker for the day-to-day
management of the operation at the time the producer achieves certification and
for the required certification period.
Subd. 7. Program. "Program" means the
Minnesota agricultural water quality certification program.
Sec. 14. [17.9893]
CERTIFICATION INSTRUMENT.
The
commissioner, in consultation with the commissioner of natural resources,
commissioner of the Pollution Control Agency, and Board of Water and Soil
Resources, shall develop an analytical instrument to assess the water quality
practices and management of agricultural operations. This instrument shall be used to certify that
the water quality practices and management of an agricultural operation are
consistent with state water quality goals and standards. The commissioner shall define a satisfactory
score for certification purposes. The
certification instrument tool shall:
(1) integrate applicable existing
regulatory requirements;
(2) utilize technology and prioritize
ease of use;
(3) utilize a water quality index or
score applicable to the landscape;
(4) incorporate a process for updates
and revisions as practices, management, and technology changes become
established and approved; and
(5) comprehensively address water
quality impacts.
Sec. 15. [17.9894]
CERTIFYING AGENT LICENSE.
Subdivision 1. License. A person who offers certification
services to producers as part of the program must satisfy all criteria in
subdivision 2 and be licensed by the commissioner. A certifying agent is ineligible to provide
certification services to any producer to whom the certifying agent has also
provided technical assistance. Notwithstanding
section 16A.1283, the commissioner may set license fees.
Subd. 2. Certifying
agent requirements. In order
to be licensed as a certifying agent, a person must:
(1) be an agricultural conservation professional employed by the state of Minnesota, a soil and water conservation district, or the Natural Resources Conservation Service or a Minnesota certified crop advisor as recognized by the American Society of Agronomy;
(2) have passed a comprehensive
exam, as set by the commissioner, evaluating knowledge of water quality, soil
health, best farm management techniques, and the certification instrument; and
(3) maintain continuing education
requirements as set by the commissioner.
Sec. 16. [17.9895]
DUTIES OF A CERTIFYING AGENT.
Subdivision 1. Duties. A certifying agent shall conduct a
formal certification assessment utilizing the certification instrument to
determine whether a producer meets program criteria. If a producer satisfies all requirements, the
certifying agent shall notify the commissioner of the producer's eligibility
and request that the commissioner issue a certificate. All records and documents used in the
assessment shall be compiled by the certifying agent and submitted to the
commissioner.
Subd. 2. Violations. (a) In the event a certifying agent
violates any provision of sections 17.9891 to 17.993 or an order of the
commissioner, the commissioner may issue a written warning or a correction
order and may suspend or revoke a license.
(b) If the commissioner suspends or
revokes a license, the certifying agent has ten days from the date of
suspension or revocation to appeal. If a
certifying agent appeals, the commissioner shall hold an administrative hearing
within 30 days of the suspension or revocation of the license, or longer by
agreement of the parties, to determine whether the license is revoked or
suspended. The commissioner shall issue
an opinion within 30 days. If a person
notifies the commissioner that the person intends to contest the commissioner's
opinion, the Office of Administrative Hearings shall conduct a hearing in
accordance with the applicable provisions of chapter 14 for hearings in
contested cases.
Sec. 17. [17.9896]
CERTIFICATION PROCEDURES.
Subdivision 1. Producer
duties. A producer who seeks
certification of eligible land shall conduct an initial assessment using the
certification instrument, obtain technical assistance if necessary to achieve a
satisfactory score on the certification instrument, and apply for certification
from a licensed certifying agent.
Subd. 2. Additional
land. Once certified, if a
producer obtains effective control of additional agricultural land, the
producer must notify a certifying agent and obtain certification of the
additional land within one year in order to retain the producer's original
certification.
Subd. 3. Violations. (a) The commissioner may revoke a
certification if the producer fails to obtain certification on any additional
land for which the producer obtains effective control.
(b) The commissioner may revoke a certification
and seek reimbursement of any monetary benefit a producer may have received due
to certification from a producer who fails to maintain certification criteria.
(c) If the commissioner revokes a
certification, the producer has ten days from the date of suspension or
revocation to appeal. If a producer
appeals, the commissioner shall hold an administrative hearing within 30 days
of the suspension or revocation of the certification, or longer by agreement of
the parties, to determine whether the certification is revoked or suspended. The commissioner shall issue an opinion
within 30 days. If the producer notifies
the commissioner that the producer intends to contest the commissioner's
opinion, the Office of Administrative Hearings shall conduct a hearing in
accordance with the applicable provisions of chapter 14 for hearings in
contested cases.
Sec. 18. [17.9897]
CERTIFICATION CERTAINTY.
(a) Once a producer is certified, the
producer:
(1) retains certification for up to ten
years from the date of certification if the producer complies with the
certification agreement, even if the producer does not comply with new state
water protection laws or rules that take effect during the certification
period;
(2) is presumed to be meeting the
producer's contribution to any targeted reduction of pollutants during the
certification period;
(3) is required to continue
implementation of practices that maintain the producer's certification; and
(4) is required to retain all records
pertaining to certification.
(b) Paragraph (a) does not preclude
enforcement of a local ordinance or rule by a local unit of government.
Sec. 19. [17.9898]
AUDITS.
The commissioner shall perform random
audits of producers and certifying agents to ensure compliance with the program. All producers and certifying agents shall
cooperate with the commissioner during these audits and provide all relevant
documents to the commissioner for inspection and copying. Any delay, obstruction, or refusal to
cooperate with the commissioner's audit or falsification of or failure to
provide required data or information is a violation subject to the provisions
of section 17.9895, subdivision 2, or 17.9896, subdivision 3.
Sec. 20. [17.9899]
DATA.
All data collected under the program
that identifies a producer or a producer's location are considered nonpublic data as defined in section 13.02, subdivision 9,
or private data on individuals as defined in section 13.02, subdivision 12. The commissioner shall make available summary
data of program outcomes on data classified as private or nonpublic under this
section.
Sec. 21. [17.991]
RULEMAKING.
The commissioner may adopt rules to
implement the program.
Sec. 22. [17.992]
REPORTS.
The
commissioner, in consultation with the commissioner of natural resources,
commissioner of the Pollution Control Agency, and Board of Water and Soil
Resources, shall issue a biennial report to the chairs and ranking minority
members of the legislative committees with jurisdiction over agricultural
policy on the status of the program.
Sec. 23. [17.993]
FINANCIAL ASSISTANCE.
The commissioner may use contributions
from gifts or other state accounts, provided that the purpose of the
expenditure is consistent with the purpose of the accounts, for grants, loans,
or other financial assistance.
Sec. 24. Minnesota Statutes 2012, section 114D.50, subdivision 6, is amended to read:
Subd. 6. Restoration evaluations. The Board of Water and Soil Resources may convene a technical evaluation panel comprised of five members, including one technical representative from the Board of Water and Soil Resources, one technical representative from the Department of Natural Resources, one technical expert from the
University of Minnesota or the
Minnesota State Colleges and Universities, and two representatives with
expertise related to the project being evaluated. The board may add a technical representative
from a unit of federal or local government.
The members of the technical evaluation panel may not be associated with
the restoration, may vary depending upon the projects being reviewed, and shall
avoid any potential conflicts of interest.
Each year, the board may assign a coordinator to identify a sample of up
to ten habitat restoration projects completed with clean water funding. The coordinator shall secure the restoration
plans for the projects specified and direct the technical evaluation panel to
evaluate the restorations relative to the law, current science, and the stated
goals and standards in the restoration plan and, when applicable, to the Board
of Water and Soil Resources' native vegetation establishment and enhancement
guidelines. The coordinator shall
summarize the findings of the panel and provide a report to the chairs of the
respective house of representatives and senate policy and finance committees
with jurisdiction over natural resources and spending from the clean water fund. The report shall determine if the
restorations are meeting planned goals, any problems with the implementation of
restorations, and, if necessary, recommendations on improving restorations. The report shall be focused on improving
future restorations. Up to one-tenth of
one percent of forecasted receipts from the clean water fund may be used for
restoration evaluations under this section.
Sec. 25. PUBLIC
WATER ACCESS SITE DESIGN AND BEST MANAGEMENT PRACTICES.
Beginning March 1, 2014, the
commissioner of natural resources shall utilize the applicable design standards
and best management practices developed under this article when designing and
constructing new public water access sites and renovating existing sites. The commissioner shall make the design
standards and best management practices developed under this article available
on the Department of Natural Resources Web site and notify local units of
government of the standards and practices.
ARTICLE 2
PARKS AND TRAILS FUND
Section 1. PARKS
AND TRAILS FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the parks and trails fund and are available for the
fiscal years indicated for each purpose.
The figures "2014" and "2015" used in this article mean
that the appropriations listed under them are available for the fiscal year
ending June 30, 2014, or June 30, 2015, respectively. "The first year" is fiscal year
2014. "The second year" is
fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
All appropriations in this article are onetime.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
Sec. 2. PARKS
AND TRAILS |
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Subdivision 1. Total
Appropriation |
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$41,611,000 |
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$41,880,000 |
The amounts that may be spent for each
purpose are specified in the following sections.
Subd. 2. Availability
of Appropriation |
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Money appropriated in this article may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation and the recipient retains documentation sufficient to
justify the use of the funds. Money appropriated in this article must be
spent in accordance with Minnesota Management and Budget's Guidance to Agencies
on Legacy Fund Expenditure. Notwithstanding
Minnesota Statutes, section 16A.28, and unless otherwise specified in this
article, fiscal year 2014 appropriations are available until June 30, 2015, and
fiscal year 2015 appropriations are available until June 30, 2016. If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Sec. 3. DEPARTMENT
OF NATURAL RESOURCES |
$23,851,000 |
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$23,787,000 |
(a) $7,975,000 the first year and
$5,695,000 the second year are for state parks and trails projects. Of this amount:
(1)
$400,000 is for the Rat River Bridge on the Arrowhead State Trail;
(2) $250,000 is for the Brown's Creek
State Trail, including interpretive signs, invasive species control, and
regional trail connections;
(3) $300,000 is for a segment of the
Central Lakes State Trail from Fergus Falls to Ashby/Lake Christina;
(4) $500,000 is for the Hadley Bridge on
the Gateway State Trail;
(5) $750,000 is for a segment of the
Gitchi-Gami State Trail from Beaver Bay to West Road;
(6) $850,000 is for the Steamboat Loop on
the Heartland State Trail;
(7) $750,000 is for the Steamboat River Bridge
on the Heartland State Trail;
(8) $400,000 is for the Fish Hook River
Red Bridge in Park Rapids on the Heartland State Trail;
(9) $20,000 is for a trail in Itasca State
Park;
(10) $200,000 is for a trail from Park
Rapids to Itasca State Park;
(11) $300,000 is for acquisition of a
trail segment from Faribault to Dundas for the Mill Towns State Trail;
(12) $800,000 is for a bridge building
over the Cannon River in Faribault for the Mills Town State Trail;
(13) $300,000 is for a segment of the Minnesota
Valley State Trail from Shakopee Memorial Park to Bloomington Ferry Bridge;
(14) $2,500,000 is for a
segment of the Minnesota Valley State Trail from Bloomington Ferry Bridge to
Fort Snelling State Park;
(15) $300,000 is for the Moose Horn River Bridge
No. 1 on the Willard Munger State Trail;
(16) $75,000 is for the Paul Bunyan State
Trail near Clausen Avenue;
(17) $500,000 is for a segment of the Paul
Bunyan State Trail from Crow Wing State Park;
(18) $75,000 is for interpretive signs on
the Root River State Trail;
(19) $1,750,000 is for a segment of the
Root River State Trail from Whalen to Rushford;
(20) $2,250,000 is for a segment of the
Sakatah Singing Hills State Trail from Waterville to Mankato; and
(21) $400,000 is for a segment of the
Shooting Star State Trail from Rose Creek to Austin.
(b) $1,549,000 the first year and
$1,549,000 the second year are for education and interpretive services at state
parks, recreation areas, and trails.
(c) $643,000 the first year and $643,000
the second year are for outreach, including enhanced, integrated, and
accessible Web-based information for park and trail users; joint marketing and
promotional efforts for all parks and trails of regional or statewide
significance; and support of activities of a parks and trails legacy advisory
committee.
(d) $1,500,000 the first year is for
acquisition of land for Lake Bronson State Park, Sibley State Park, and
Minneopa State Park.
(e) $1,000,000 the first year and
$2,140,000 the second year are for improvements at state parks and state
recreation areas, including a new visitor center at Tettegouche State Park,
renewable energy improvements, and new camper cabins.
(f) $720,000 the second year is for
campground upgrades at Whitewater State Park.
(g) $1,933,000 the first year and
$3,934,000 the second year are for improvements at state parks and state
recreation areas, including conversion of facilities to rental facilities,
replacement of vault toilets and fishing piers, renewable energy improvements,
and accessibility improvements.
(h) $829,000 the first year and
$830,000 the second year are for restoration and enhancement activities at
state parks and state recreation areas, including invasive species management
on approximately 13,800 acres, native plant restorations on approximately 1,800 acres, and implementation of
best management practices at approximately 50 public water access sites.
(i) $4,925,000 the first year and
$4,938,000 the second year are for grants under Minnesota Statutes, section
85.535, to acquire, develop, improve, and restore parks and trails of regional
or statewide significance outside of the metropolitan area, as defined in
Minnesota Statutes, section 473.121, subdivision 2. Up to 2.5 percent of the total appropriation
may be used for administering the grants.
(j) $3,497,000 the first year and
$3,338,000 the second year are for grants for parks and trails of regional or
statewide significance outside of the metropolitan area. Of this amount:
(1) $1,338,000 is for development of the
Swedish Immigrant Trail, including amenities in Taylors Falls connecting the
trail to Interstate State Park;
(2) $75,000 is for rehabilitation of
Sunrise Prairie Trail;
(3) $500,000 is for construction of the
Lowell to Lakewalk Trail in Duluth;
(4) $250,000 is for the Mesabi Trail;
(5) $920,000 is for extensions and
connections to the Rocori Trail;
(6) $1,000,000 is for extensions and
connections to the Lake Wobegon Trail;
(7) $100,000 is for the Beaver Bay Trail,
including trailhead amenities;
(8) $468,000 is for extension of the
Dakota Rail Trail to Lester Prairie;
(9) $1,000,000 is for the Red Wing
Riverfront;
(10) $184,000 is for trail connections and
camping facilities in Aitkin County for the Mississippi River parks and water
trail project; and
(11) $1,000,000 is for trail enhancement,
land acquisition, and other improvements at Sauk River Regional Park.
(k) The commissioner shall
contract for services with Conservation Corps Minnesota for restoration,
maintenance, and other activities under this section for at least $2,000,000
the first year and $2,000,000 the second year.
A recipient of a grant awarded under this section must give
consideration to and make timely written contact with Conservation Corps
Minnesota for possible use of the corps' services to contract for restoration
and enhancement services. For projects
with the potential to need historic preservation services, the commissioner or
a recipient of a grant awarded under this section must give consideration to
and make timely written contact with the Northern Bedrock Conservation Corps
for possible use of the corps' services.
Sec. 4. METROPOLITAN
COUNCIL |
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$17,755,000 |
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$18,088,000 |
(a) $17,755,000 the first year and
$18,088,000 the second year are for parks and trails of regional or statewide
significance in the metropolitan area, distributed according to paragraphs (b)
to (k).
(b) $1,490,000 the first year and
$1,541,000 the second year are for grants to Anoka County for:
(1) a trail connection for Bunker Hills
Regional Park from Avocet Street;
(2) restoration, including erosion repair,
along Pleasure Creek and the Mississippi River Regional Trail at the Coon
Rapids Dam Regional Park;
(3) a new playground and surfacing at Lake
George Regional Park;
(4) land acquisition for the Rice Creek
Chain of Lakes Park Reserve;
(5) improvements at Rice Creek Chain of
Lakes Park Reserve, including maintenance shop rehabilitation, road and parking
construction, fencing, beach improvements, and roof repairs;
(6) trail reconstruction under East River
Road on the Rice Creek Chain of Lakes Park Reserve;
(7) contracts with Conservation Corps
Minnesota;
(8) a volunteer or resource coordinator
position;
(9) a landscape designer or architect;
(10) design, engineering, and construction
of the Central Anoka County Regional Trail;
(11) road rehabilitation at Lake George
Regional Park;
(12) reconstruction of a
retaining wall on the Mississippi River Regional Trail;
(13) a trail connection on the Mississippi
River Regional Trail to connect Mississippi West Regional Park to the city of
Ramsey;
(14) improvements of the Heritage
Laboratory/Day Camp at the Rice Creek Chain of Lakes Park Reserve; and
(15) trail reconstruction on the Rice
Creek North Regional Trail from Lexington Avenue to Golden Lake Elementary
School.
(c) $273,000 the first year and $283,000
the second year are for grants to the city of Bloomington to reconstruct
parking lots at the Hyland-Bush-Anderson Lakes Park Reserve.
(d) $347,000 the first year and $361,000
the second year are for grants to Carver County to connect the Minnesota River
Bluffs Regional Trail and Southwest Regional Trail and for trail and bridge
construction on the Minnesota River Bluff Regional Trail.
(e) $1,235,000 the first year and
$1,277,000 the second year are for grants to Dakota County for:
(1) engineering to extend the Mississippi
River Regional Trail and Big Rivers Regional Trails, including extensions to St. Paul,
and to provide a connection to Lilydale Regional Trail;
(2) a trail connection for the Mississippi
River Regional Trail to connect St. Paul and to construct a bridge over
railroad tracks;
(3) engineering and construction of
regional trail segments throughout the county;
(4) engineering and construction of a bridge
and trails through the Minnesota Zoological Garden on the North Creek Regional
Greenway; and
(5) resource management of the county's
park and trail system.
(f) $5,595,000 the first year and
$5,256,000 the second are for grants to the Minneapolis Park and Recreation
Board for:
(1) design and construction of trail
loops, river access areas, landscapes, and storm water management improvements
at Above the Falls Regional Park;
(2) land acquisition at Above the Falls
Regional Park;
(3) a master plan and trail design for
Central Mississippi Riverfront Regional Park;
(4) design and construction of
outdoor adventure recreational facilities in the Central Riverfront;
(5) trail, path, and shoreline improvements
and play area rehabilitation at Nokomis-Hiawatha Regional Park;
(6)
trail, shoreline, water access, picnic, sail boat facility, and concession improvements
at Minneapolis Chain of Lakes Regional Park;
(7) a bird sanctuary, trail stabilization,
habitat restoration, accessibility improvements, and construction of new
entrances at Minneapolis Chain of Lakes Regional Park; and
(8) a trail connection for the Minnehaha
Parkway Regional Trail below Lyndale Avenue.
(g) $1,228,000 the first year and
$1,523,000 the second year are for grants to Ramsey County for:
(1) wayfinding for cross-country ski trails
at Battle Creek Regional Park, Tamarack Nature Center, and Grass-Vadnais-Snail
Lakes Regional Park;
(2) contracts with Conservation Corps
Minnesota;
(3) design and construction of an early
learning center at Tamarack Nature Center and pedestrian connections, landscape
restoration, signage, and other site amenities at Bald Eagle-Otter Lakes
Regional Park;
(4) improvements to Tamarack Nature Center;
(5) building and supporting a volunteer
corps for Tamarack Nature Center and Discovery Hollow;
(6) trail development to connect Tamarack
Nature Center to the Otter Lake boat launch;
(7) a trail on Vadnais Lake, storm water
management improvements, and site amenities at Grass-Vadnais-Snail Lakes
Regional Park;
(8) trail development and connection, storm
water management improvements, and site amenities at Rice Creek North Regional
Trail; and
(9) the Bruce Vento Regional Trail.
(h) $2,424,000 the first year and
$2,507,000 the second year are for grants to the city of Saint Paul for:
(1) an education coordinator;
(2) a volunteer coordinator;
(3) Como Regional Park shuttle operation;
(4) a trail connection to connect Harriet
Island to the Mississippi Regional Trail;
(5) Estabrook Road reconstruction and
lighting upgrades at Como Regional Park; and
(6) a trail connection and railroad bridge
reconstruction at Lilydale Regional Park.
(i) $620,000 the first year and $640,000
the second year are for grants to Scott County for an entrance road, parking,
and trails at Cedar Lake Farm Regional Park.
(j) $3,667,000 the first year and
$3,796,000 the second year are for grants to Three Rivers Park District for:
(1) a trail connection to connect Grand
Rounds to Nine Mile Creek Trail;
(2) a trail bridge over County State-Aid
Highway 19 for the Lake Minnetonka LRT Regional Trail;
(3) trail construction on the Crystal Lake
Regional Trail;
(4) trail construction on the Bassett Creek
Regional Trail;
(5) trail construction on the Twin Lakes Regional
Trail; and
(6) trail construction on the Nine Mile
Creek Regional Trail.
(k) $876,000 the first year and $904,000
the second year are for grants to Washington County for:
(1) parking, buildings, and other
improvements at Swim Pond;
(2) a trail connection that connects the
Point Douglas Regional Trail to Wisconsin; and
(3) improvements to Hardwood Creek Regional
Trail, including extending the trail towards Bald Eagle Regional Park.
(l) A recipient of a grant awarded under
this section must give consideration to and make timely written contact with
Conservation Corps Minnesota for possible use of corps services to contract for
restoration and enhancement services. For
projects with the potential to need historic preservation services, a recipient
of a grant awarded under this section must give consideration to and make
timely written contact with the Northern Bedrock Conservation Corps for
possible use of the corps' services.
Sec. 5. LEGISLATURE
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$5,000 |
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$5,000 |
$5,000 the first year and $5,000 the
second year are for the Legislative Coordinating Commission for the Web site
required in Minnesota Statutes, section 3.303, subdivision 10, including
detailed mapping.
Sec. 6. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
Subd. 35. Public official. "Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;
(24) citizen member of the Clean Water
Council established in section 114D.30; or
(25) member or chief executive of the
Minnesota Sports Facilities Authority established in section 473J.07; or
(26) member of the Greater Minnesota Regional Parks and Trails Commission.
Sec. 7. [85.536]
GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION.
Subdivision 1. Establishment;
purpose. The Greater
Minnesota Regional Parks and Trails Commission is created to undertake system
planning and provide recommendations to the legislature for grants funded by
the parks and trails fund to counties and cities outside of the seven-county
metropolitan area for parks and trails of regional significance.
Subd. 2. Commission. The commission shall include 12
members appointed by the governor representing each of the regional parks and
trails districts determined under subdivision 3. Membership terms, compensation, removal of
members, and filling of vacancies are as provided in section 15.0575.
Subd. 3. Districts;
plans and hearings. (a) The
commissioner of natural resources, in consultation with the Greater Minnesota
Regional Parks and Trails Coalition, shall establish 12 regional parks and
trails districts in the state encompassing the area outside the seven-county
metropolitan area. The commissioner
shall establish districts by combining counties and may not assign a county to
more than one district.
(b) Counties within each district may
jointly prepare, after consultation with all affected municipalities, and
submit to the commission, and from time to time revise and resubmit to the
commission, a master plan for the acquisition and development of parks and
trails of regional significance located within the district. The counties, after consultation with the
commission, shall jointly hold a public hearing on the proposed plan and budget
at a time and place determined by the counties.
Not less than 15 days before the hearing, the counties shall provide
notice of the hearing stating the date, time, and place of the hearing, and the
place where the proposed plan and budget may be examined by any interested
person. At any hearing, interested
persons shall be permitted to present their views on the plan and budget.
(c) The commission shall review each
master plan to determine whether it meets the conditions of subdivision 4. If it does not, the commission shall return
the plan with its comments to the district for revision and resubmittal.
Subd. 4. Regional
significance. For a park or
trail to be considered of regional significance under this section:
(1) the park or trail must be natural
resource-based;
(2) at least 30 percent of the park or trail user visits in a calendar year must be from users who do not reside within the area of jurisdiction of the governmental unit that has the financial and legal responsibility to own, operate, and maintain the park or trail;
(3) the total usage of the park or
trail must exceed 20,000 visitors in a one-year period. Park or trail attendance may be demonstrated
by validated survey methods, actual user data statistics, or another objective
and quantifiable measure that is accurate and reliable;
(4) for parks, the park must be at
least 100 acres in size; and
(5)
for trails, the trail connects or will connect to existing state or regional
trails as demonstrated by the applicant.
Subd. 5. Recommendations. (a) The commission shall submit
biennial recommendations on appropriations of money from the parks and trails
fund to the legislature no later than January 15 each odd-numbered year. The commission may submit supplemental
recommendations by January 15 in even-numbered years.
(b) In recommending grants under this
section, the commission shall make recommendations consistent with master
plans.
(c) The commission shall determine
recommended grant amounts through an adopted merit-based evaluation process
that includes the level of local financial support. The evaluation process is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
(d)
When recommending grants, the commission shall consider balance of the grant
benefits across greater Minnesota. Grant
requests offering a nonstate match of at least 25 percent of the total eligible
project costs shall be preferred.
(e) Grants may be recommended only for:
(1) parks and trails included in a plan
approved by the commission under subdivision 3; and
(2) trails that connect or will connect
to existing state or regional trails as demonstrated by the applicant.
Subd. 6. Administration. The Department of Natural Resources
shall provide administrative support for the commission.
Subd. 7. Chair. The commission shall annually elect
from among its members a chair and other officers necessary for the performance
of its duties.
Subd. 8. Meetings. The commission shall meet at least
twice each year. Commission meetings are
subject to chapter 13D.
Subd. 9. Conflict
of interest. A member of the
commission may not participate in or vote on a decision of the commission
relating to an organization in which the member has either a direct or indirect
financial interest.
Subd. 10. Definition. For purposes of this section,
"commission" means the Greater Minnesota Regional Parks and Trails
Commission established under this section.
Sec. 8. MISSISSIPPI
WHITEWATER PARK.
The appropriation in Laws 2003, chapter 128, article 1, section 5, subdivision 6, from the water recreation account in the natural resources fund for a cooperative project with the United States Army Corps of Engineers to develop the Mississippi Whitewater Park is available until June 30, 2018."
Delete the title and insert:
"A bill for an act relating to natural resources; appropriating money from clean water fund and parks and trails fund; providing for agricultural water quality certification; modifying provisions for restoration evaluations; requiring use of certain standards for public water access sites; establishing Greater Minnesota Regional Parks and Trails Commission; extending previous appropriation; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 114D.50, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 17; 85."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Legacy.
The
report was adopted.
Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:
H. F. No. 729, A bill for an act relating to state government; proposing the governor's budget for jobs and economic development; increasing certain fees; streamlining construction inspections; creating the Minnesota job creation fund; expanding the Minnesota Trade Offices; creating STEP grants; reducing the unemployment insurance tax; creating the transportation economic development assistance program; repealing the Minnesota Science and Technology Authority; requiring reports; appropriating money to various departments, agencies, and boards; amending Minnesota Statutes 2012, sections 116J.8731, subdivisions 2, 3; 326B.184, subdivisions 1, 2, by adding a subdivision; 326B.37, by adding a subdivision; 326B.49, subdivisions 2, 3; 341.321; proposing coding for new law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 2012, sections 116W.01; 116W.02; 116W.03; 116W.035; 116W.04; 116W.05; 116W.06; 116W.20; 116W.21; 116W.23; 116W.24; 116W.25; 116W.26; 116W.27; 116W.28; 116W.29; 116W.30; 116W.31; 116W.32; 116W.33; 116W.34; Minnesota Rules, part 1307.0032.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. JOBS
AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
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The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year"
is fiscal year 2014. "The second
year" is fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
Sec. 3. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
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Subdivision 1. Total
Appropriation |
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$87,788,000 |
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$86,255,000 |
Appropriations
by Fund |
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2014
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2015
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General |
70,641,000
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69,108,000
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Remediation |
700,000
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700,000
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Workforce Development |
16,447,000
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16,447,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Business
and Community Development |
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36,590,000
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35,610,000
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Appropriations
by Fund |
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General |
35,890,000
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34,910,000
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Remediation |
700,000
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700,000
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(a)(1) $10,000,000 each year is for the
Minnesota investment fund under Minnesota Statutes, section 116J.8731. This appropriation is available until spent. The base funding for this appropriation is
$13,750,000 each year in the fiscal year 2016-2017 biennium.
(2) Of the amount available under clause
(1), up to $3,000,000 in fiscal year 2014 is for a loan to facilitate initial
investment in the purchase and operation of a biopharmaceutical manufacturing
facility. This loan is not subject to
the loan limitations under Minnesota Statutes, section 116J.8731, and shall be
forgiven by the commissioner of employment and economic development upon
verification of meeting performance goals.
Purchases related to and for the purposes of this loan award must be
made between January 1, 2013, and June 30, 2015. The amount under this clause is available
until expended.
(3) Of the amount available
under clause (1), up to $2,000,000 is available for subsequent investment in
the biopharmaceutical facility project in clause (2). The amount under this clause is available
until expended. Loan thresholds under
clause (2) must be achieved and maintained to receive funding. Loans are not subject to the loan limitations
under Minnesota Statutes, section 116J.8731, and shall be forgiven by the
commissioner of employment and economic development upon verification of
meeting performance goals. Purchases
related to and for the purposes of loan awards must be made during the biennium
the loan was received.
(4) Notwithstanding any law to the contrary, the biopharmaceutical manufacturing facility in this paragraph shall be deemed eligible for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748.
(5) For purposes of clauses (1) to (4),
"biopharmaceutical" and "biologics"
are interchangeable and mean medical drugs or medicinal preparations produced
using technology that uses biological systems, living organisms, or derivatives
of living organisms, to make or modify products or processes for specific
use. The medical drugs or medicinal
preparations include but are not limited to proteins, antibodies, nucleic
acids, and vaccines.
(b) $6,000,000 the first year and $12,500,000
the second year are for the Minnesota job
creation fund under Minnesota Statutes, section 116J.8748. Of this amount, the commissioner of
employment and economic development
may use up to three percent for administrative expenses. This appropriation is available until spent.
(c)
$1,272,000 the first year and $1,272,000 the second year are from the general
fund for contaminated site cleanup and development grants under Minnesota
Statutes, sections 116J.551 to 116J.558.
(d) $700,000 the first year and $700,000
the second year are from the remediation
fund for contaminated site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until
expended.
(e) $1,425,000 the first year and $1,425,000
the second year are from the general fund for the business development
competitive grant program. Of this
amount, up to five percent is for administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive years. Grants shall be awarded in the first year.
(f) $5,320,000 each year is from the
general fund for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17. If the appropriation for either year
is insufficient, the appropriation for the other year is available.
This appropriation is available
until spent. The general fund base for this program is $4,195,000 each year in the
fiscal year 2016-2017 biennium.
(g)
$5,580,000 the first year is from the general fund for grants under Minnesota Statutes, section 116J.571, for the
redevelopment program. This is a onetime appropriation and is
available until spent.
(h) $1,900,000 the first year is from the
general fund for a onetime grant to the Minnesota Film and TV Board for the
film production jobs program under Minnesota Statutes, section 116U.26. This appropriation is available until
expended.
(i)
$375,000 each year is from the general fund for a grant to Enterprise
Minnesota, Inc., for the small business growth acceleration program
under Minnesota Statutes, section 116O.115.
This is a onetime appropriation.
(j)
$200,000 each year is from the general fund for a grant to develop and
implement a southern and southwestern Minnesota initiative foundation
collaborative pilot project. Funds
available under this paragraph must be used to support and develop
entrepreneurs in diverse populations in southern and southwestern Minnesota. This is a onetime appropriation and is
available until expended.
(k) $100,000 each year is from the general
fund for the Center for Rural Policy and Development. This is a onetime appropriation.
Subd. 3. Workforce
Development |
|
14,726,000
|
|
14,108,000
|
Appropriations
by Fund |
||
|
||
General |
5,134,000
|
4,516,000
|
Workforce Development |
9,592,000
|
9,592,000
|
(a) $1,039,000 each year from the general
fund and $2,244,000 each year from the workforce development fund are for the
adult workforce development competitive grant program. Of this amount, up to five percent is for
administration and monitoring of the adult workforce development competitive
grant program. All grant awards shall be
for two consecutive years. Grants shall
be awarded in the first year.
(b) $3,500,000 each year is from the
workforce development fund for the Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
(c) $1,000,000 each year is from the
workforce development fund for the youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
(d) $570,000 each year is from
the general fund and $2,848,000 each year is from the workforce development
fund for the youth workforce development competitive grant program. Of this amount, up to five percent is for
administration and monitoring of the youth workforce development competitive
grant program. All grant awards shall be
for two consecutive years. Grants shall
be awarded in the first year.
(e)
$2,500,000 each year is from the general fund for a grant to the Minnesota
FastTRAC program. Up to ten percent of
this appropriation may be used to provide leadership, oversight, and technical
assistance services. The base funding
for this program shall be $2,225,000 each year in the fiscal year 2016-2017
biennium.
(f)
$507,000 the first year and $407,000 the second year are from the general fund
for a grant to the Minnesota High Tech Association to support SciTechsperience,
a program that supports science, technology, engineering, and math (STEM)
internship opportunities for two- and four-year college and university students
in their field of study. The internship
opportunities must match students with paid internships within STEM disciplines
at small, for-profit companies located in the seven-county metropolitan area,
with fewer than 150 total employees, or at small or medium, for-profit
companies located outside of the seven-county metropolitan area, with fewer
than 250 total employees. At least 125
students must be matched in the first year and at least 175 students must be
matched in the second year. Selected
hiring companies shall receive from the grant 50 percent of the wages paid to
the intern, capped at $2,500 per intern.
Of this appropriation, at least 50 percent of the student interns must
be women or other underserved populations.
This is a onetime appropriation and is available until expended.
(g) $450,000 the first year is from the
general fund for the foreign-trained health care professionals grant program
modeled after the pilot program conducted under Laws 2006, chapter 282, article
11, section 2, subdivision 12, to encourage state licensure of foreign-trained
health care professionals, including: physicians,
with preference given to primary care physicians who commit to practicing for
at least five years after licensure in underserved areas of the state; nurses;
dentists; pharmacists; mental health professionals; and other allied health
care professionals. The commissioner
must collaborate with health-related licensing boards and Minnesota workforce
centers to award grants to foreign-trained health care professionals sufficient
to cover the actual costs of taking a course to prepare health care
professionals for required licensing examinations and the fee for the state
licensing examinations. When awarding
grants, the commissioner must consider the following factors:
(1) whether the recipient's training
involves a medical specialty that is in high demand in one or more communities
in the state;
(2) whether the recipient
commits to practicing in a designated rural area or an underserved urban
community, as defined in Minnesota Statutes, section 144.1501;
(3) whether the recipient's language
skills provide an opportunity for needed health care access for underserved
Minnesotans; and
(4) any additional criteria established by
the commissioner. This is a onetime
appropriation and is available until expended.
(h) $68,000 the first year from the
general fund is for a grant to Olmsted County for employment supports and
independent living services to county residents diagnosed with high-functioning
autism, Asperger's syndrome, nonverbal learning disorders, and pervasive
development disorder, not otherwise specified, and for education, outreach, and
support services to area employers to encourage the hiring and promotion of
workers with high-functioning autism, Asperger's syndrome, nonverbal learning
disorders, and pervasive development disorder, not otherwise specified. This is a onetime appropriation and is
available until expended.
Subd. 4. General
Support Services |
|
1,509,000
|
|
1,604,000
|
(a) $150,000 each year is from the general
fund for the cost-of-living study required under Minnesota Statutes, section
116J.013.
(b) $250,000 each year is from the general
fund for the publication, dissemination, and use of labor market information
under Minnesota Statutes, section 116J.4011.
Subd. 5. Minnesota
Trade Office |
|
2,322,000
|
|
2,292,000
|
(a) $330,000 in fiscal year 2014 and
$300,000 in fiscal year 2015 are for the STEP grants in Minnesota Statutes,
section 116J.979. Of the fiscal year
2014 appropriation, $30,000 is for establishing trade and export relations
between the state of Minnesota and east African nations.
(b) $180,000 in fiscal year 2014 and
$180,000 in fiscal year 2015 are for the Invest Minnesota marketing initiative
in Minnesota Statutes, section 116J.9801.
Notwithstanding any other law, this provision does not expire.
(c) $270,000 each year is from the general
fund for the expansion of Minnesota Trade Offices under Minnesota Statutes,
section 116J.978.
(d) $50,000 each year is from the general
fund for the trade policy advisory group under Minnesota Statutes, section
116J.9661.
(e) The commissioner of
employment and economic development, in consultation with the commissioner of
agriculture, shall identify and increase export opportunities for Minnesota
agricultural products.
Subd. 6. Vocational
Rehabilitation |
|
26,716,000
|
|
26,716,000
|
Appropriations
by Fund |
||
|
||
General |
19,861,000
|
19,861,000
|
Workforce Development |
6,855,000
|
6,855,000
|
(a) $10,800,000 each year is from the
general fund for the state's vocational rehabilitation program under Minnesota
Statutes, chapter 268A.
(b) $2,261,000 each year is from the
general fund for grants to centers for independent living under Minnesota
Statutes, section 268A.11.
(c) $5,245,000 each year from the general
fund and $6,830,000 each year from the workforce development fund are for
extended employment services for persons with severe disabilities under
Minnesota Statutes, section 268A.15.
(d) $1,555,000 each year is from the
general fund for grants to programs that provide employment support services to
persons with mental illness under Minnesota Statutes, sections 268A.13 and
268A.14.
(e) $25,000 each year is from the
workforce development fund for grants to programs that provide employment
support services to persons with mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14. At least
50 percent of the funding must be used for projects that use the evidence-based
practice of individual placement and supports.
Grants may be used for special projects for young people with mental
illness transitioning from school to work or experiencing a first psychotic
episode.
Subd. 7. Services
for the Blind |
|
5,925,000 |
|
5,925,000 |
Subd. 8. Competitive
grant limitations. |
|
|
|
|
An organization that receives a direct
appropriation under this section is not eligible to participate in competitive
grant programs under this section during the fiscal years in which the direct
appropriations are received.
Sec. 4. DEPARTMENT OF LABOR AND INDUSTRY |
|
|
|
Subdivision 1. Total
Appropriation |
|
$23,859,000 |
|
$22,948,000 |
Appropriations
by Fund |
||
|
||
|
2014
|
2015
|
|
|
|
General |
1,959,000
|
1,048,000
|
Workers' Compensation |
20,871,000
|
20,871,000
|
Workforce Development |
1,029,000
|
1,029,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Workers'
Compensation |
|
10,678,000
|
|
10,678,000
|
This appropriation is from the workers'
compensation fund.
$200,000 each year is for grants to the
Vinland Center for rehabilitation services.
Grants shall be distributed as the department refers injured workers to
the Vinland Center for rehabilitation services.
Subd. 3. Labor
Standards and Apprenticeship |
|
2,988,000
|
|
2,077,000
|
Appropriations
by Fund |
||
|
||
General |
1,959,000
|
1,048,000
|
Workforce Development |
1,029,000
|
1,029,000
|
(a) $816,000 each year is from the general
fund for the labor standards and apprenticeship program.
(b)
$150,000 each year is from the general fund for a child labor initiative for
expanding education and outreach to high schools and targeted industries to
ensure minors entering the workforce are safe.
(c)
$879,000 each year is appropriated from the workforce development fund for the
apprenticeship program under Minnesota Statutes, chapter 178, and includes
$100,000 for labor education and advancement program grants and to expand and
promote registered apprenticeship training in nonconstruction trade programs.
(d) $150,000 each year is appropriated from
the workforce development fund for prevailing wage enforcement.
(e)
$70,000 in the second year is from the general fund for implementing and administering
a minimum wage inflation adjustment.
This appropriation is available only if a law is enacted in 2013 that
includes an automatic inflation adjustment to the state minimum wage. The availability of this appropriation is
effective in the same fiscal year that the inflation adjustment is first
effective.
(f) $987,000 in fiscal year
2014 is appropriated from the general fund to the commissioner of labor and
industry for the purposes of the job-based education and apprenticeship program
(JEAP) for manufacturing industries under article 2. This appropriation is available until spent. Of this appropriation:
(1) $330,000 is for the commissioner of
labor and industry to implement JEAP; and
(2)
$657,000 is for transfer to the Board of Trustees of the Minnesota State
Colleges and Universities for grants to administer the JEAP related instruction
component, to be dispersed as follows:
(i) $187,000 is for Alexandria Technical
and Community College's Customized Training Center;
(ii) $380,000 is for Century College;
(iii) $45,000 is for Hennepin Technical
College; and
(iv) $45,000 is for Central Lakes College.
Subd. 4. Workplace
Safety |
|
4,154,000
|
|
4,154,000
|
This appropriation is from the workers'
compensation fund.
Subd. 5. General
Support |
|
6,039,000
|
|
6,039,000
|
This appropriation is from the workers'
compensation fund.
Sec. 5. BUREAU
OF MEDIATION SERVICES |
|
$2,140,000 |
|
$2,056,000 |
(a) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning July 1 each year. Any unencumbered balance remaining at the end
of the first year does not cancel but is available for the second year.
(b) $100,000 in fiscal year 2014 is
appropriated from the general fund to the Bureau of Mediation Services for
transfer to the Office of Enterprise Technology to develop a new business
management system for case and document management. This is a onetime appropriation and is
available for spending until June 30, 2015.
Any ongoing information technology support or costs for this application
will be incorporated into the service level agreement and will be paid to the
Office of Enterprise Technology by the Bureau of Mediation Services under the
rates and mechanism specified in that agreement.
(c) $256,000 each year is from the general
fund for the Office of Collaboration and Dispute Resolution under Minnesota
Statutes, section 179.90. Of this
amount, $160,000 each year is for grants
under Minnesota Statutes,
section 179.91, and $96,000 each year is for intergovernmental and public
policy collaboration and operation of the office.
(d) The bureau's general fund base is
$2,085,000 in fiscal year 2016 and $2,089,000 in fiscal year 2017.
Sec. 6. BOARD
OF ACCOUNTANCY |
|
$708,000 |
|
$624,000 |
Sec. 7. BOARD
OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN |
$778,000 |
|
$783,000 |
Sec. 8. BOARD
OF COSMETOLOGIST EXAMINERS |
$1,354,000 |
|
$1,361,000 |
Sec. 9. BOARD
OF BARBER EXAMINERS |
|
$319,000 |
|
$321,000 |
Sec. 10. WORKERS'
COMPENSATION COURT OF APPEALS |
$1,913,000 |
|
$1,703,000 |
This appropriation is from the workers'
compensation fund.
Of this appropriation, $210,000 in the
first year is onetime and is available for spending until June 30, 2015. $110,000 in fiscal year 2014 is for a onetime
transfer to the Office of Enterprise Technology to develop a paperless case
management system and to ensure that services and hardware are accessible and
compatible with systems with which the Workers' Compensation Court of Appeals
must interact. Any ongoing information
technology support or costs for this application will be incorporated into the
service level agreement and will be paid to the Office of Enterprise Technology
by the Workers' Compensation Court of Appeals under the rates and mechanism
specified in that agreement.
Sec. 11. CANCELLATION.
Of the appropriation to the
commissioner of the department of employment and economic development for the
Minnesota Investment Fund in Laws 2012, First Special Session chapter 1,
article 1, section 5, $7,000,000 is canceled to the general fund.
ARTICLE 2
LABOR AND INDUSTRY
Section 1. Minnesota Statutes 2012, section 116J.70, subdivision 2a, is amended to read:
Subd. 2a. License; exceptions. "Business license" or "license" does not include the following:
(1) any occupational license or registration issued by a licensing board listed in section 214.01 or any occupational registration issued by the commissioner of health pursuant to section 214.13;
(2) any license issued by a county, home rule charter city, statutory city, township, or other political subdivision;
(3) any license required to practice the following occupation regulated by the following sections:
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326A;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers and cosmetologists regulated pursuant to chapter 154;
(x) boiler operators regulated pursuant to
chapter 183 326B;
(xi) chiropractors regulated pursuant to chapter 148;
(xii) collection agencies regulated pursuant to chapter 332;
(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant to chapter 150A;
(xiv) detectives regulated pursuant to chapter 326;
(xv) electricians regulated pursuant to
chapter 326 326B;
(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
(xvii) engineers regulated pursuant to chapter 326;
(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
(xix) certified interior designers regulated pursuant to chapter 326;
(xx) midwives regulated pursuant to chapter 147D;
(xxi) nursing home administrators regulated pursuant to chapter 144A;
(xxii) optometrists regulated pursuant to chapter 148;
(xxiii) osteopathic physicians regulated pursuant to chapter 147;
(xxiv) pharmacists regulated pursuant to chapter 151;
(xxv) physical therapists regulated pursuant to chapter 148;
(xxvi) physician assistants regulated pursuant to chapter 147A;
(xxvii) physicians and surgeons regulated pursuant to chapter 147;
(xxviii) plumbers regulated pursuant to
chapter 326 326B;
(xxix) podiatrists regulated pursuant to chapter 153;
(xxx) practical nurses regulated pursuant to chapter 148;
(xxxi) professional fund-raisers regulated pursuant to chapter 309;
(xxxii) psychologists regulated pursuant to chapter 148;
(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters 82 and 83;
(xxxiv) registered nurses regulated pursuant to chapter 148;
(xxxv) securities brokers, dealers, agents, and investment advisers regulated pursuant to chapter 80A;
(xxxvi) steamfitters regulated pursuant to
chapter 326 326B;
(xxxvii) teachers and supervisory and support personnel regulated pursuant to chapter 125;
(xxxviii) veterinarians regulated pursuant to chapter 156;
(xxxix) water conditioning contractors and
installers regulated pursuant to chapter 326 326B;
(xl) water well contractors regulated pursuant to chapter 103I;
(xli) water and waste treatment operators regulated pursuant to chapter 115;
(xlii) motor carriers regulated pursuant to chapter 221;
(xliii) professional firms regulated under chapter 319B;
(xliv) real estate appraisers regulated pursuant to chapter 82B;
(xlv) residential building contractors,
residential remodelers, residential roofers, manufactured home installers, and
specialty contractors regulated pursuant to chapter 326 326B;
(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter 86B;
(7) any license, permit, registration, certification, or other approval pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the resources of land, air, or water, which is required to be obtained from a state agency or instrumentality; and
(8) any pollution control rule or standard established by the Pollution Control Agency or any health rule or standard established by the commissioner of health or any licensing rule or standard established by the commissioner of human services.
Sec. 2. Minnesota Statutes 2012, section 177.27, subdivision 4, is amended to read:
Subd. 4. Compliance orders. The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.275, subdivision 2a, 181.722, and 181.79, or with any rule promulgated under section 177.28. The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.
Sec. 3. Minnesota Statutes 2012, section 326.02, subdivision 5, is amended to read:
Subd. 5. Limitation. The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety or the health or safety of the employees of said person, or of the buildings listed in section 326.03, subdivision 2, nor to any detailed or shop plans required to be furnished by a contractor to a registered engineer, landscape architect, architect, or certified interior designer, nor to any standardized manufactured product, nor to any construction superintendent supervising the execution of work designed by an architect, landscape architect, engineer, or certified interior designer licensed or certified in accordance with section 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, where such work is within the scope of such licensed activity and not within the practice of professional engineering, or architecture, or where the person does not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.
Sec. 4. Minnesota Statutes 2012, section 326B.081, subdivision 3, is amended to read:
Subd. 3.
Applicable law. "Applicable law" means the
provisions of sections 181.723, 325E.66, 327.31 to 327.36, and this
chapter, and chapter 341, and all rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, registrations, certificates, and
permits adopted, issued, or enforced by the department under sections 181.723,
325E.66, 327.31 to 327.36, or this chapter, or chapter 341.
Sec. 5. Minnesota Statutes 2012, section 326B.082, subdivision 11, is amended to read:
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: (i) a final administrative order issued
under subdivision 7 or, (ii) a final stop order issued under
subdivision 10, or (iii) injunctive relief issued under
subdivision 9, or (iv) a consent order or final order of the commissioner;
(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
(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 or denies 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 or denial. 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.
Sec. 6. Minnesota Statutes 2012, section 326B.093, subdivision 4, is amended to read:
Subd. 4. Examination
results. If the applicant receives a
passing score on the examination and meets all other requirements for
licensure, the commissioner must approve the application and notify the
applicant of the approval within 60 days of the date of the passing score. The applicant must, within 90 180
days after the notification of approval, pay the license fee. Upon receipt of the license fee, the
commissioner must issue the license. If
the applicant does not pay the license fee within 90 180 days
after the notification of approval, the commissioner will rescind the approval
and must deny the application. If the
applicant does not receive a passing score on the examination, the commissioner
must deny the application. If the
application is denied because of the applicant's failure to receive a passing
score on the examination, then the applicant cannot submit a new application
for the license until at least 30 days after the notification of denial.
Sec. 7. Minnesota Statutes 2012, section 326B.101, is amended to read:
326B.101
POLICY AND PURPOSE.
The State Building Code governs the
construction, reconstruction, alteration, and repair, and use of
buildings and other structures to which the code is applicable. The commissioner shall administer and amend a
state code of building construction which will provide basic and uniform
performance standards, establish reasonable safeguards for health, safety,
welfare, comfort, and security of the residents of this state and provide for
the use of modern methods, devices, materials, and techniques which will in
part tend to lower construction costs. The
construction of buildings should be permitted at the least possible cost
consistent with recognized standards of health and safety.
Sec. 8. Minnesota Statutes 2012, section 326B.103, subdivision 11, is amended to read:
Subd. 11. Public building. "Public building" means a building and its grounds the cost of which is paid for by the state or a state agency regardless of its cost, and a school district building project or charter school building project the cost of which is $100,000 or more.
Sec. 9. Minnesota Statutes 2012, section 326B.121, subdivision 1, is amended to read:
Subdivision 1. Application. (a) The State Building Code is the
standard that applies statewide for the construction, reconstruction,
alteration, and repair, and use of buildings and other structures
of the type governed by the code.
(b) The State Building Code supersedes the building code of any municipality.
(c) The State Building Code does not apply to agricultural buildings except:
(1) with respect to state inspections required or rulemaking authorized by sections 103F.141; 216C.19, subdivision 9; and 326B.36; and
(2) translucent panels or other skylights without raised curbs shall be supported to have equivalent load-bearing capacity as the surrounding roof.
Sec. 10. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 9. Direct
supervision. "Direct
supervision" means:
(1) an unlicensed individual is being
directly supervised by an individual licensed to perform the elevator work being
supervised during the entire time the unlicensed individual is performing
elevator work;
(2) the licensed individual is
physically present at the location where the unlicensed individual is
performing elevator work and immediately available to the unlicensed individual
at all times for assistance and direction;
(3) the licensed individual shall
review the elevator work performed by the unlicensed individual before the
elevator work is operated; and
(4) the licensed individual is able to
and does determine that all elevator work performed by the unlicensed
individual is performed in compliance with the elevator code.
Sec. 11. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 10. Elevator
contractor. "Elevator
contractor" means a licensed contractor whose responsible licensed
individual is a master elevator constructor.
An elevator contractor license does not itself qualify its holder to
perform or supervise elevator work authorized by holding a personal license
issued by the commissioner.
Sec. 12. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 11. Limited elevator contractor. "Limited elevator
contractor" means a licensed contractor whose responsible licensed
individual is a limited master elevator constructor. A limited elevator contractor or its
employees may only install, test, or alter residential elevators, platform
lifts, stairway chairlifts, dumbwaiters, material lifts, limited use or limited
application elevator equipment, conveyors, and special purpose personnel
elevators.
Sec. 13. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 11a. Limited
elevator work. "Limited
elevator work" means the installing, maintaining, altering, repairing,
testing, planning, or laying out of residential elevators, platform lifts,
stairway chairlifts, dumbwaiters, material lifts, limited use or limited
application elevator equipment, conveyors, and special purpose personnel
elevators as covered by Minnesota Rules, chapters 1307 and 1315. Limited elevator work also includes
electrical wiring on the load side of the elevator equipment disconnect and the
decommissioning of elevator equipment to enable safe removal.
Sec. 14. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 12. Elevator
work. "Elevator
work" means the installing, maintaining, altering, repairing, testing,
planning, or laying out of elevator apparatus or equipment as covered by
Minnesota Rules, chapters 1307 and 1315.
Elevator work also includes the disconnection of electrical wiring on
the load side of the elevator equipment disconnect and the decommissioning of
elevator equipment to enable safe removal.
Sec. 15. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 13. Master
elevator constructor. "Master
elevator constructor" means an individual having the necessary
qualifications, training, experience, and technical knowledge to properly plan,
lay out, supervise, and perform the installation, maintenance, altering,
testing, wiring, and repair of apparatus and equipment for elevators, including
electrical wiring on the load side of the elevator equipment disconnect and who
is licensed as a master elevator constructor by the commissioner.
Sec. 16. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 14. Limited master elevator constructor. "Limited master elevator constructor"
means an individual having the necessary qualifications, training, experience,
and technical knowledge to properly plan, lay out, supervise, and perform the
testing, altering, installation, maintenance, and repair of wiring, apparatus,
and equipment for residential elevators, platform lifts, stairway chairlifts,
dumbwaiters, material lifts, limited use or limited application elevator
equipment, conveyors, and special purpose personnel elevators, including wiring
on the load side of the elevator equipment disconnect and who is licensed as a
limited master elevator constructor by the commissioner.
Sec. 17. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 14a. Limited
journeyman elevator constructor. "Limited
journeyman elevator constructor" means an individual having the necessary
qualifications, training, experience, and technical knowledge to install,
maintain, alter, test, and repair apparatus and equipment for residential
elevators, platform lifts, stairway chairlifts,
dumbwaiters, material lifts,
limited use or limited application elevator equipment, conveyors, and special
purpose personnel elevators, including electrical wiring on the load side of
the elevator equipment disconnect and who is licensed as a limited journeyman
elevator constructor by the commissioner.
Sec. 18. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 15. Journeyman
elevator constructor. "Journeyman
elevator constructor" means an individual having the necessary
qualifications, training, experience, and technical knowledge to install,
maintain, alter, test, and repair apparatus and equipment for elevators,
including electrical wiring on the load side of the elevator equipment disconnect
and who is licensed as a journeyman elevator constructor by the commissioner.
Sec. 19. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 16. Registered
unlicensed elevator constructor. "Registered
unlicensed elevator constructor" means an individual who has registered
with the department but is not licensed by the commissioner to perform elevator
work.
Sec. 20. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 17. Residential dwelling. "Residential dwelling" is a
single dwelling unit that is contained in a one-family, two-family, or
multifamily dwelling. A residential
dwelling also includes outdoor space at a one-family dwelling.
Sec. 21. Minnesota Statutes 2012, section 326B.163, is amended by adding a subdivision to read:
Subd. 18. Responsible
licensed individual. "Responsible
licensed individual" means an individual licensed as a master elevator
constructor or limited master elevator constructor who is identified as the
responsible licensed individual on an elevator contractor license application.
Sec. 22. [326B.164]
LICENSES.
Subdivision 1. Master
elevator constructor. (a)
Except as otherwise provided by law, no individual shall perform or supervise
elevator work, unless:
(1) the individual is licensed by the
commissioner as a master elevator constructor; and
(2) the elevator work is for a licensed
elevator contractor and the individual is an employee, partner, or officer of,
or is the licensed contractor.
(b) An applicant for a master elevator
constructor license shall:
(1) have at least one year of
experience, acceptable to the commissioner, as a licensed journeyman elevator
constructor; or
(2) have at least six years' experience,
acceptable to the commissioner, in planning for, laying out, supervising, and
installing apparatus, equipment, and wiring for elevators.
(c)
Individuals licensed as master elevator constructors under section 326B.33,
subdivision 11, as of December 31, 2013, shall not be required to pass
an examination under this section but, effective January 1, 2014, shall be
subject to the requirements of sections 326B.163 to 326B.191.
(d) Except for the initial license term,
as a condition of license renewal, master elevator constructors must attain a
minimum of 16 hours of continuing education credit approved by the commissioner
every renewal period. Not less than 12
hours shall be based on the Minnesota Elevator Code or elevator technology, and
not less than four hours shall be based on the National Electrical Code.
Subd. 2.
(1) the individual is licensed by the
commissioner as a limited master elevator constructor; and
(2) the elevator work is for a limited
elevator contractor and the individual is an employee, partner, or officer of,
or is the licensed contractor.
(b) An applicant for a limited master
elevator constructor license shall have at least three years of experience,
acceptable to the commissioner, in installing apparatus, equipment, and wiring
for elevators.
(c) Except for the initial license
term, as a condition of license renewal, limited master elevator constructors
must attain a minimum of eight hours of continuing education credit approved by
the commissioner every renewal period. Not
less than six hours shall be based on the Minnesota Elevator Code or elevator
technology, and not less than two hours on the National Electrical Code.
Subd. 3. Journeyman
elevator constructor. (a)
Except as otherwise provided by law, no individual shall perform and supervise
elevator work except for planning or laying out of elevator work, unless:
(1) the individual is licensed by the
commissioner as a journeyman elevator constructor; and
(2) the elevator work is for an
elevator contractor, and the individual is an employee, partner, or officer of
the licensed elevator contractor.
(b) An applicant for a journeyman
elevator constructor license shall have completed a four-year elevator
mechanics apprenticeship registered with the United States Department of Labor
or worked at least 9,000 hours in five consecutive years for a licensed
elevator contractor, acceptable to the commissioner, installing, maintaining,
modernizing, testing, wiring, and repairing elevators.
(c) Individuals licensed as journeyman
elevator constructors under section 326B.33, subdivision 8, as of December 31,
2013, shall not be required to pass an examination under this section but,
effective January 1, 2014, shall be subject to the requirements of sections
326B.163 to 326B.191.
(d) As a condition of license renewal,
journeyman elevator constructors must attain a minimum of 16 hours of
continuing education credit approved by the commissioner every renewal period. Not less than 12 hours shall be based on the
Minnesota Elevator Code or elevator technology, and not less than four hours
shall be based on the National Electrical Code.
Subd. 3a. Limited
journeyman elevator constructor. (a)
Except as otherwise provided by law, no individual shall perform or supervise
elevator work on residential elevators, platform lifts, stairway chairlifts,
dumbwaiters, material lifts, limited use or limited application elevator
equipment, conveyors, and special purpose personnel elevators, except for
planning or laying out of elevator work, unless:
(1) the individual is licensed by the
commissioner as a limited journeyman elevator constructor; and
(2) the elevator work is for a limited
elevator contractor or an elevator contractor, and the individual is an
employee, partner, or officer of the licensed limited elevator contractor or
licensed elevator contractor.
(b) An applicant for a limited
journeyman elevator constructor license shall have at least two years of
experience, acceptable to the commissioner, in installing apparatus, equipment,
and wiring for elevators.
(c)
Except for the initial license term, as a condition of license renewal, limited
journeyman elevator constructors must attain a minimum of eight hours of continuing
education credit approved by the commissioner every renewal period. Not less than six hours shall be based on the
Minnesota Elevator Code or elevator technology, and not less than two hours on
the National Electrical Code.
Subd. 4. Registered
unlicensed elevator constructor. (a)
An unlicensed individual shall not perform elevator work, unless the individual
has first registered with the department as an unlicensed elevator constructor. Except as allowed by subdivision 12, a
registered unlicensed elevator constructor shall not perform elevator work
unless the work is performed under the direct supervision of an individual
actually licensed to perform such work. The
licensed elevator constructor and the registered unlicensed elevator constructor
must be employed by the same employer. Unlicensed
individuals shall not supervise the performance of elevator work or make
assignments of elevator work to unlicensed individuals. Licensed elevator constructors shall provide
direct supervision for no more than two registered unlicensed elevator
constructors.
(b) Notwithstanding any other provision
of this section, no individual other than a master elevator constructor or
limited master elevator constructor shall plan or lay out elevator wiring,
apparatus, or equipment.
(c) Contractors employing registered
unlicensed elevator constructors performing elevator work shall maintain
records establishing compliance with this subdivision that shall identify all
unlicensed individuals performing elevator work and shall permit the department
to examine and copy all such records.
(d) When a licensed elevator
constructor supervises the elevator work of an unlicensed individual, the
licensed elevator constructor is responsible for ensuring that the elevator
work complies with this section and the Minnesota Elevator Code.
(e) A registered unlicensed elevator
constructor with a minimum of one year experience may perform the following
maintenance tasks for elevator equipment without being provided with direct
supervision: oiling, cleaning, greasing,
painting, relamping, and replacing of escalator and moving walk comb teeth.
Subd. 5. Registration
of unlicensed individuals. (a)
Unlicensed individuals performing elevator work for a contractor shall register
with the department in the manner prescribed by the commissioner. Experience credit for elevator work performed
in Minnesota after January 1, 2009, by an applicant for a license identified in
this section shall not be granted where the applicant has not registered with
the department or is not licensed by the department.
(b) As a condition of renewal of
registration, unlicensed individuals shall attain a minimum of two hours of
continuing education credit, approved by the commissioner, every renewal period. The continuing education course shall be
based on the Minnesota Elevator Code or elevator technology.
(c) Individuals registered under
section 326B.33, subdivision 13, whose registration expires after July 31,
2013, shall be subject to the registration requirements of this subdivision and
the requirements of sections 326B.163 to 326B.191.
Subd. 6. Contractor's license required. (a) No individual, other than an
employee, partner, or officer of a licensed contractor, as defined by section
326B.163, subdivision 10, shall perform or offer to perform elevator work with
or without compensation, unless the individual obtains a contractor's
license. A contractor's license does not
of itself qualify its holder to perform or supervise the elevator work
authorized by holding any class of personal license.
(b) Companies licensed under section
326B.33, subdivision 14, as of July 31, 2013, shall not be required to comply
with this subdivision.
Subd. 7. Bond
required. As a condition of
licensing, each contractor shall give and maintain bond to the state in the sum
of $25,000, conditioned upon the faithful and lawful performance of all work
contracted for or performed by the contractor within the state of Minnesota,
and such bond shall be for the benefit of persons injured or suffering
financial loss by reason of failure of such performance. The bond shall be filed with the commissioner
and shall be in lieu of all other license bonds to any other political
subdivision. The bond shall be written
by a corporate surety licensed to do business in the state of Minnesota.
Subd. 8. Insurance
required. Each elevator
contractor shall have and maintain in effect general liability insurance, which
includes premises and operations insurance and products and completed
operations insurance, with limits of at least $100,000 per occurrence, $300,000
aggregate limit for bodily injury, and property damage insurance with limits of
at least $50,000, or a policy with a single limit for bodily injury and
property damage of $300,000 per occurrence and $300,000 aggregate limits. The insurance shall be written by an insurer
licensed to do business in the state of Minnesota, and each contractor shall
maintain on file with the commissioner a certificate evidencing such insurance. In the event of a policy cancellation, the
insurer shall send written notice to the commissioner at the same time that a
cancellation request is received from or a notice is sent to the insured.
Subd. 9. Employment of responsible individual. (a) Each elevator contractor must
designate a responsible master elevator constructor or limited master elevator
constructor who shall be the responsible individual for the performance of all
elevator work in accordance with the requirements of sections 326B.163 to
326B.191, all rules adopted under these sections, and all orders issued under
section 326B.082. The classes of work
that a licensed contractor is authorized to perform shall be limited to the
classes of work that the responsible individual is allowed to perform.
(b) When a contractor's license is held
by an individual, sole proprietorship, partnership, limited liability company,
or corporation, and the individual, proprietor, one of the partners, one of the
members, or an officer of the corporation, respectively, is not the responsible
master elevator constructor or limited master elevator constructor, all
elevator permits shall be submitted by the responsible master elevator
constructor or limited master elevator constructor. If the contractor is an individual or a sole
proprietorship, the responsible master or limited master elevator constructor
must be the individual, proprietor, or managing employee. If the contractor is a partnership, the
responsible master or limited master elevator constructor must be a general partner
or managing employee. If the licensed
contractor is a limited liability company, the responsible master or limited
master elevator constructor must be a chief manager or managing employee. If the contractor is a corporation, the
responsible master or limited master elevator constructor must be an officer or
managing employee. If the responsible
master or limited master elevator constructor is a managing employee, the
responsible individual must be actively engaged in performing elevator work on
behalf of the contractor and cannot be employed in any capacity performing
elevator work for any other elevator contractor or employer. An individual may be the responsible
individual for only one contractor.
(c) All applications and renewals for
contractor licenses shall include a verified statement that the applicant and
responsible individual are in compliance with this subdivision.
Subd. 10. Examination. In addition to the other requirements
described in this section and sections 326B.091 to 326B.098, as a precondition
to issuance of a personal license, each applicant must pass a written or oral
examination developed and administered by the commissioner to ensure the
competence of each applicant for license.
An oral examination shall be administered only to an applicant who
furnishes a written statement from a certified teacher or other professional,
trained in the area of reading disabilities, stating that the applicant has a
specific reading disability that would prevent the applicant from performing
satisfactorily on a written test. The
oral examination shall be structured so that an applicant who passes the
examination will not impair the applicant's own safety or that of others while
acting as a licensed individual.
Subd. 11. License,
registration, and renewal fees; expiration.
(a) Unless revoked or suspended under this chapter, all licenses
issued or renewed under this section expire on the following schedule:
(1) master licenses expire March 1 of
each odd-numbered year after issuance or renewal;
(2) elevator contractor
licenses expire March 1 of each even-numbered year after issuance or renewal;
(3) journeyman elevator constructor
licenses expire two years from the date of original issuance and every two
years thereafter; and
(4)
registrations of unlicensed individuals expire one year from the date of
original issuance and every year thereafter.
(b) For purposes of calculating license
fees and renewal license fees required under section 326B.092:
(1) the registration of an unlicensed
individual under subdivision 5 shall be considered an entry-level license;
(2) the journeyman elevator constructor
shall be considered a journeyman license;
(3) the master elevator constructor and
limited master elevator constructor licenses shall be considered master
licenses; and
(4) an elevator contractor license
shall be considered a business license.
Subd. 12. Exemption
from licensing. Employees of
a licensed elevator contractor or licensed limited elevator contractor are not
required to hold or obtain a license under this section or be provided with
direct supervision by a licensed master elevator constructor, licensed limited
master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and
stairway chairlifts. Unlicensed
employees performing elevator work under this exemption must comply with
subdivision 5. This exemption does not
include the installation, maintenance, repair, or replacement of electrical wiring
for elevator equipment.
Subd. 13. Reciprocity. (a) The commissioner may enter into
reciprocity agreements for personal licenses with another state and issue a
personal license without requiring the applicant to pass an examination
provided the applicant:
(1) submits an application under this
section;
(2) pays the application and
examination fee and license fee required under section 326B.092; and
(3) holds a valid comparable license in
the state participating in the agreement.
(b) Reciprocity agreements are subject
to the following:
(1) the parties to the agreement must
administer a statewide licensing program that includes examination and
qualifying experience or training comparable to Minnesota's;
(2) the experience and training
requirements under which an individual applicant qualified for examination in
the qualifying state must be deemed equal to or greater than required for an
applicant making application in Minnesota at the time the applicant acquired
the license in the qualifying state;
(3) the applicant must have acquired
the license in the qualifying state through an examination deemed equivalent to
the same class of license examination in Minnesota. A lesser class of license may be granted
where the applicant has acquired a greater class of license in the qualifying
state, and the applicant otherwise meets the conditions of this subdivision;
(4) at the time of application, the
applicant must hold a valid license in the qualifying state and have held the
license continuously for at least one year before making application in
Minnesota;
(5) an applicant is not
eligible for a license under this subdivision if the applicant has failed the
same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended;
and
(6) an applicant who has failed to renew
a personal license for two years or more after its expiration is not eligible
for a license under this subdivision.
Sec. 23. Minnesota Statutes 2012, section 326B.184, subdivision 1, is amended to read:
Subdivision 1. Permits. No person may construct, install, alter, repair,
or remove an elevator without first filing an application for a permit with the
department or a municipality authorized by subdivision 4 to inspect elevators. A permit issued by the department is valid
for work commenced within 12 months of application and completed within two
years of application. Where no work is
commenced within 12 months of application, an applicant may cancel the permit
and request a refund of inspection fees.
Sec. 24. Minnesota Statutes 2012, section 326B.184, is amended by adding a subdivision to read:
Subd. 1a. Department
permit and inspection fees. (a)
The department permit and inspection fees to construct, install, alter, repair,
or remove an elevator are as follows:
(1) the permit fee is $100;
(2) the inspection fee is 0.015 of the
total cost of the permitted work for labor and materials, including related
electrical and mechanical equipment. The
inspection fee covers two inspections. The
inspection fee for additional inspections is $80 per hour;
(3) when inspections scheduled by the
permit submitter are not able to be completed because the work is not complete,
a fee equal to two hours at the hourly rate of $80 must be paid by the permit
submitter; and
(4) when the owner or permit holder
requests inspections be performed outside of normal work hours or on weekends
or holidays, an hourly rate of $120 in addition to the inspection fee must be
paid.
(b) The department fees for inspection
of existing elevators when requested by the elevator owner or as a result of an
accident resulting in personal injury are at an hourly rate of $80 during
normal work hours or $120 outside of normal work hours or on weekends or
holidays, with a one-hour minimum.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 25. Minnesota Statutes 2012, section 326B.184, subdivision 2, is amended to read:
Subd. 2. Operating permits and fees; periodic inspections. (a) No person may operate an elevator without first obtaining an annual operating permit from the department or a municipality authorized by subdivision 4 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. Except for an initial operating permit fee, hand-powered manlifts and electric endless belt manlifts, and vertical reciprocating conveyors are not subject to a subsequent operating permit fee.
(b) All elevators are subject
to periodic inspections by the department or a municipality authorized by
subdivision 4 to perform periodic inspections, except that hand-powered
manlifts and electric endless belt manlifts are exempt from periodic
inspections. Periodic inspections by the
department shall be performed at the following intervals:
(1) a special purpose personnel elevator is subject to inspection not more than once every five years;
(2) an elevator located within a house of worship that does not have attached school facilities is subject to inspection not more than once every three years; and
(3) all other elevators are subject to inspection not more than once each year.
Sec. 26. Minnesota Statutes 2012, section 326B.187, is amended to read:
326B.187
RULES.
The commissioner may adopt rules for the following purposes:
(1) to establish minimum qualifications for
elevator inspectors that must include possession of a current elevator
constructor electrician's license issued by the department and proof of
successful completion of the national elevator industry education program
examination or equivalent experience;
(2) to establish minimum qualifications for limited elevator inspectors;
(3) to establish criteria for the qualifications of elevator contractors;
(4) to establish elevator standards under sections 326B.106, subdivisions 1 and 3, and 326B.13;
(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
(6) to establish requirements for the registration of all elevators.
Sec. 27. Minnesota Statutes 2012, section 326B.31, is amended by adding a subdivision to read:
Subd. 26a. Request
for inspection. "Request
for inspection" means the application for and issuance of a permit for an
electrical installation that is required to be inspected under section 326B.36.
Sec. 28. Minnesota Statutes 2012, section 326B.33, subdivision 19, is amended to read:
Subd. 19. License, registration, and renewal fees; expiration. (a) Unless revoked or suspended under this chapter, all licenses issued or renewed under this section expire on the date specified in this subdivision. Master licenses expire March 1 of each odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered year after issuance or renewal. Technology system contractor and satellite system contractor licenses expire August 1 of each even-numbered year after issuance or renewal. All other personal licenses expire two years from the date of original issuance and every two years thereafter. Registrations of unlicensed individuals expire one year from the date of original issuance and every year thereafter.
(b) For purposes of calculating license fees and renewal license fees required under section 326B.092:
(1) the registration of an unlicensed individual under subdivision 12 shall be considered an entry level license;
(2) the following licenses
shall be considered journeyman licenses:
Class A journeyman electrician, Class B journeyman electrician, Class A
installer, Class B installer, elevator constructor, lineman, maintenance
electrician, satellite system installer, and power limited technician;
(3) the following licenses shall be
considered master licenses: Class A
master electrician, and Class B master electrician, and master
elevator constructor; and
(4) the following licenses shall be
considered business licenses: Class A
electrical contractor, Class B electrical contractor, elevator contractor,
satellite system contractor, and technology systems contractor.
(c) For each filing of a certificate of responsible person by an employer, the fee is $100.
Sec. 29. Minnesota Statutes 2012, section 326B.33, subdivision 21, is amended to read:
Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:
(1) the individual is engaged in the maintenance and repair of electrical equipment, apparatus, and facilities that are owned or leased by the individual's employer and that are located within the limits of property operated, maintained, and either owned or leased by the individual's employer;
(2) the individual is supervised by:
(i) the responsible master electrician for a contractor who has contracted with the individual's employer to provide services for which a contractor's license is required; or
(ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, or, if the maintenance and repair work is limited to technology circuits or systems work, a licensed power limited technician; and
(3) the individual's employer has on file with the commissioner a current certificate of responsible person, signed by the responsible master electrician of the contractor, the licensed master electrician, the licensed maintenance electrician, the electrical engineer, or the licensed power limited technician, and stating that the person signing the certificate is responsible for ensuring that the maintenance and repair work performed by the employer's employees complies with the Minnesota Electrical Act and the rules adopted under that act. The employer must pay a filing fee to file a certificate of responsible person with the commissioner. The certificate shall expire two years from the date of filing. In order to maintain a current certificate of responsible person, the employer must resubmit a certificate of responsible person, with a filing fee, no later than two years from the date of the previous submittal.
(b) Employees of a licensed electrical or technology systems contractor or other employer where provided with supervision by a master electrician in accordance with subdivision 1, or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of technology circuits or systems except planning, laying out, or installing:
(1) in other than residential dwellings, class 2 or class 3 remote control circuits that control circuits or systems other than class 2 or class 3, except circuits that interconnect these systems through communication, alarm, and security systems are exempted from this paragraph;
(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or class 3; or
(3) technology circuits or systems in hazardous classified locations as covered by chapter 5 of the National Electrical Code.
(c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and class 3 remote control wiring associated with plug or cord and plug connected appliances other than security or fire alarm systems installed in a residential dwelling are not required to hold a license under sections 326B.31 to 326B.399.
(d) Heating, ventilating, air conditioning, and refrigeration contractors and their employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or refrigeration work as described in section 326B.38.
(e) Employees of any electrical, communications, or railway utility, cable communications company as defined in section 238.02, or a telephone company as defined under section 237.01 or its employees, or of any independent contractor performing work on behalf of any such utility, cable communications company, or telephone company, shall not be required to hold a license under sections 326B.31 to 326B.399:
(1) while performing work on installations, materials, or equipment which are owned or leased, and operated and maintained by such utility, cable communications company, or telephone company in the exercise of its utility, antenna, or telephone function, and which
(i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current or provided service by or for the benefit of any person other than such utility, cable communications company, or telephone company, and
(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction, and
(iii) are not on the load side of the service point or point of entrance for communication systems;
(2) while performing work on installations, materials, or equipment which are a part of the street lighting operations of such utility; or
(3) while installing or performing work on outdoor area lights which are directly connected to a utility's distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction.
(f) An owner shall not be required to hold or obtain a license under sections 326B.31 to 326B.399.
(g) Companies and their employees
licensed under section 326B.164 shall not be required to hold or obtain a
license under sections 326B.31 to 326B.399.
Sec. 30. Minnesota Statutes 2012, section 326B.36, subdivision 7, is amended to read:
Subd. 7. Exemptions from inspections. Installations, materials, or equipment shall not be subject to inspection under sections 326B.31 to 326B.399:
(1) when
owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399,
while performing electrical maintenance work only as defined by rule;
(2) when owned or leased, and operated and maintained by any electrical, communications, or railway utility, cable communications company as defined in section 238.02, or telephone company as defined under section 237.01, in the exercise of its utility, antenna, or telephone function; and
(i) are used exclusively for the generations, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, or the transmission of intelligence, and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than such utility, cable communications company, or telephone company; and
(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction; and
(iii) are not on the load side of the service point or point of entrance for communication systems;
(3) when used in the street lighting operations of an electrical utility;
(4) when used as outdoor area lights which are owned and operated by an electrical utility and which are connected directly to its distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction;
(5) when the installation, material, and equipment are in facilities subject to the jurisdiction of the federal Mine Safety and Health Act; or
(6) when the installation, material, and
equipment is part of an elevator installation for which the elevator
contractor, licensed under section 326B.33 326B.164, is required
to obtain a permit from the authority having jurisdiction as provided by
section 326B.184, and the inspection has been or will be performed by an
elevator inspector certified and licensed by the department. This exemption shall apply only to
installations, material, and equipment permitted or required to be connected on
the load side of the disconnecting means required for elevator equipment under
National Electrical Code Article 620, and elevator communications and alarm
systems within the machine room, car, hoistway, or elevator lobby.
Sec. 31. Minnesota Statutes 2012, section 326B.37, is amended by adding a subdivision to read:
Subd. 15. Utility
interconnected wind generation installations. (a) Fees associated with utility
interconnected generation installations consisting of one or more generator
sources interconnected with a utility power system and not supplying other
premises loads are calculated according to paragraph (b) or (c).
(b) The inspection fee is calculated
according to subdivisions 2, 3, 4, and 6, paragraphs (d), (f), (j), and (k). A fee must be included for the generators and
utility interconnect feeders, but not for a utility service.
(c) There is a plan review fee and an
inspection fee for the entire electrical installation. The plan review fee is based on the valuation
of the electrical installation related to one of the generator systems that is
part of the overall installation, not to include the supporting tower or other
nonelectrical equipment or structures, calculated according to section
326B.153, subdivision 2. The inspection
fee is $80 for each individual tower, including any voltage matching transformers
located at the tower, and the fee for the feeders interconnecting the
individual towers to the utility power system is calculated according to
subdivisions 4 and 6, paragraph (k).
Sec. 32. Minnesota Statutes 2012, section 326B.43, subdivision 2, is amended to read:
Subd. 2. Agreement with municipality. The commissioner may enter into an agreement with a municipality, in which the municipality agrees to perform plan and specification reviews required to be performed by the commissioner under Minnesota Rules, part 4715.3130, if:
(a) the municipality has adopted:
(1) the plumbing code;
(2) an ordinance that requires plumbing plans and specifications to be submitted to, reviewed, and approved by the municipality, except as provided in paragraph (n);
(3) an ordinance that authorizes the municipality to perform inspections required by the plumbing code; and
(4) an ordinance that authorizes the municipality to enforce the plumbing code in its entirety, except as provided in paragraph (p);
(b) the municipality agrees to review plumbing plans and specifications for all construction for which the plumbing code requires the review of plumbing plans and specifications, except as provided in paragraph (n);
(c) the municipality agrees that, when it reviews plumbing plans and specifications under paragraph (b), the review will:
(1) reflect the degree to which the plans and specifications affect the public health and conform to the provisions of the plumbing code;
(2) ensure that there is no physical connection between water supply systems that are safe for domestic use and those that are unsafe for domestic use; and
(3) ensure that there is no apparatus through which unsafe water may be discharged or drawn into a safe water supply system;
(d) the municipality agrees to perform all inspections required by the plumbing code in connection with projects for which the municipality reviews plumbing plans and specifications under paragraph (b);
(e) the commissioner determines that the individuals who will conduct the inspections and the plumbing plan and specification reviews for the municipality do not have any conflict of interest in conducting the inspections and the plan and specification reviews;
(f) individuals who will conduct the plumbing plan and specification reviews for the municipality are:
(1) licensed master plumbers;
(2) licensed professional engineers; or
(3) individuals who are working under the supervision of a licensed professional engineer or licensed master plumber and who are licensed master or journeyman plumbers or hold a postsecondary degree in engineering;
(g) individuals who will conduct the plumbing plan and specification reviews for the municipality have passed a competency assessment required by the commissioner to assess the individual's competency at reviewing plumbing plans and specifications;
(h) individuals who will conduct the plumbing inspections for the municipality are licensed master or journeyman plumbers, or inspectors meeting the competency requirements established in rules adopted under section 326B.135;
(i) the municipality agrees to enforce in its entirety the plumbing code on all projects, except as provided in paragraph (p);
(j) the municipality agrees to keep official records of all documents received, including plans, specifications, surveys, and plot plans, and of all plan reviews, permits and certificates issued, reports of inspections, and notices issued in connection with plumbing inspections and the review of plumbing plans and specifications;
(k) the municipality agrees to maintain the records described in paragraph (j) in the official records of the municipality for the period required for the retention of public records under section 138.17, and shall make these records readily available for review at the request of the commissioner;
(l) the municipality and the commissioner agree that if at any time during the agreement the municipality does not have in effect the plumbing code or any of ordinances described in paragraph (a), or if the commissioner determines that the municipality is not properly administering and enforcing the plumbing code or is otherwise not complying with the agreement:
(1) the commissioner may, effective 14 days after the municipality's receipt of written notice, terminate the agreement;
(2) the municipality may challenge the termination in a contested case before the commissioner pursuant to the Administrative Procedure Act; and
(3) while any challenge is pending under clause (2), the commissioner shall perform plan and specification reviews within the municipality under Minnesota Rules, part 4715.3130;
(m) the municipality and the commissioner agree that the municipality may terminate the agreement with or without cause on 90 days' written notice to the commissioner;
(n) the municipality and the commissioner agree that the municipality shall forward to the state for review all plumbing plans and specifications for the following types of projects within the municipality:
(1) hospitals, nursing homes, supervised
living facilities licensed for eight or more individuals, and similar
health-care-related facilities regulated by the Minnesota Department of Health
state-licensed facilities as defined in section 326B.103, subdivision 13;
(2) buildings owned by the federal or
state government public buildings as defined in section 326B.103,
subdivision 11; and
(3) projects of a special nature for which department review is requested by either the municipality or the state;
(o) where the municipality forwards to the state for review plumbing plans and specifications, as provided in paragraph (n), the municipality shall not collect any fee for plan review, and the commissioner shall collect all applicable fees for plan review; and
(p) no municipality shall revoke, suspend, or place restrictions on any plumbing license issued by the state.
Sec. 33. Minnesota Statutes 2012, section 326B.49, subdivision 2, is amended to read:
Subd. 2. Fees for plan reviews and audits. Plumbing system plans and specifications that are submitted to the commissioner for review shall be accompanied by the appropriate plan examination fees. If the commissioner determines, upon review of the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior to plan approval. The commissioner shall charge the following fees for plan reviews and audits of plumbing installations for public, commercial, and industrial buildings:
(1) systems with both water distribution and drain, waste, and vent systems and having:
(i) 25 or fewer drainage fixture units, $150;
(ii) 26 to 50 drainage fixture units, $250;
(iii) 51 to 150 drainage fixture units, $350;
(iv) 151 to 249 drainage fixture units, $500;
(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum of $4,000; and
(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch basin design;
(2) building sewer service only, $150;
(3) building water service only, $150;
(4) building water distribution system only, no drainage system, $5 per supply fixture unit or $150, whichever is greater;
(5) storm drainage system, a minimum fee of $150 or:
(i) $50 per drain opening, up to a maximum of $500; and
(ii) $70 per interceptor, separator, or catch basin design;
(6) manufactured home park or campground, one to 25 sites, $300;
(7) manufactured home park or campground, 26 to 50 sites, $350;
(8) manufactured home park or campground, 51 to 125 sites, $400;
(9) manufactured home park or campground,
more than 125 sites, $500; and
(10) accelerated review, double the
regular fee, one-half to be refunded if no response from the commissioner
within 15 business days; and
(11) (10) revision to
previously reviewed or incomplete plans:
(i) review of plans for which the commissioner has issued two or more requests for additional information, per review, $100 or ten percent of the original fee, whichever is greater;
(ii) proposer-requested revision with no increase in project scope, $50 or ten percent of original fee, whichever is greater; and
(iii) proposer-requested revision with an increase in project scope, $50 plus the difference between the original project fee and the revised project fee.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 34. Minnesota Statutes 2012, section 326B.49, subdivision 3, is amended to read:
Subd. 3. Inspection
Permits; fees. The
commissioner shall charge the following fees for inspections under sections
326B.42 to 326B.49:
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(a) The permit fee is $100.
(b) The residential inspection fee is
$50 for each inspection trip.
(c) The public, commercial, and
industrial inspection fees are as follows:
(1) for systems with water
distribution, drain, waste, and vent system connection:
(i) $25 for each fixture, permanently
connected appliance, floor drain, or other appurtenance;
(ii) $25 for each water conditioning,
water treatment, or water filtration system; and
(iii) $25 for each interceptor,
separator, catch basin, or manhole;
(2) roof drains, $25 for each drain;
(3) building sewer service only, $100;
(4) building water service only, $100;
(5) building water distribution system
only, no drainage system, $5 for each fixture supplied;
(6) storm drainage system, a minimum
fee of $25 for each drain opening, interceptor, separator, or catch basin;
(7) manufactured home park or
campground, $25 for each site;
(8) reinspection fee to verify corrections,
regardless of the total fee submitted, $100 for each reinspection; and
(9) each $100 in fees paid covers one
inspection trip.
(d) In addition to the fees in
paragraph (c), the fee submitter must pay an hourly rate of $80 during regular
business hours, or $120 when inspections are requested to be performed outside
of normal work hours or on weekends and holidays, with a two-hour minimum where
the fee submitter requests inspections of installations as systems are being
installed.
(e) The fee submitter must pay a fee
equal to two hours at the hourly rate of $80 when inspections scheduled by the
submitter are not able to be completed because the work is not complete.
Sec. 35. Minnesota Statutes 2012, section 326B.89, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them.
(b) "Gross annual receipts" means the total amount derived from residential contracting or residential remodeling activities, regardless of where the activities are performed, and must not be reduced by costs of goods sold, expenses, losses, or any other amount.
(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.
(d) "Residential real estate" means a new or existing building constructed for habitation by one to four families, and includes detached garages.
(e) "Fund" means the contractor recovery fund.
(f) "Owner" when used in connection with real property, means a person who has any legal or equitable interest in real property and includes a condominium or townhome association that owns common property located in a condominium building or townhome building or an associated detached garage. Owner does not include any real estate developer or any owner using, or intending to use, the property for a business purpose and not as owner-occupied residential real estate.
Sec. 36. Minnesota Statutes 2012, section 327B.04, subdivision 4, is amended to read:
Subd. 4. License prerequisites. No application shall be granted nor license issued until the applicant proves to the commissioner that:
(a) the applicant has a permanent, established place of business at each licensed location. An "established place of business" means a permanent enclosed building other than a residence, or a commercial office space, either owned by the applicant or leased by the applicant for a term of at least one year, located in an area where zoning regulations allow commercial activity, and where the books, records and files necessary to conduct the business are kept and maintained. The owner of a licensed manufactured home park who resides in or adjacent to the park may use the residence as the established place of business required by this subdivision, unless prohibited by local zoning ordinance.
If a license is granted, the licensee may use unimproved lots and premises for sale, storage, and display of manufactured homes, if the licensee first notifies the commissioner in writing;
(b) if
the applicant desires to sell, solicit or advertise the sale of new
manufactured homes, it has a bona fide contract or franchise in effect with a
manufacturer or distributor of the new manufactured home it proposes to deal
in;
(c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each 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. 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 aggregate coverage for the agency and each subagency location. In the event of a policy cancellation, the insurer shall send written notice to the commissioner at the same time that a cancellation request is received from or a notice is sent to the insured;
(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. The
applicant does not have to satisfy the two-year prior experience requirement
if:
(1) the applicant sells or brokers used
manufactured homes as permitted under section 327B.01, subdivision 7; or
(2) the applicant:
(i) has met all other licensing
requirements;
(ii) is the owner of a manufactured home
park; and
(iii) is selling new manufactured homes
installed in the manufactured home park that the applicant owns.
Sec. 37. Minnesota Statutes 2012, section 341.21, subdivision 3a, is amended to read:
Subd. 3a. 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.
Sec. 38. Minnesota Statutes 2012, section 341.221, is amended to read:
341.221
ADVISORY COUNCIL.
(a) The commissioner must appoint a Combative Sports Advisory Council to advise the commissioner on the administration of duties under this chapter.
(b) The council shall have nine members appointed by the commissioner. One member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court for the District of Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have knowledge of the boxing industry. At least four members must have knowledge of the mixed martial arts industry. The commissioner shall make serious efforts to appoint qualified women to serve on the council.
(c) Council members shall serve terms of four years with the terms ending on the first Monday in January.
(d) The council shall annually elect from its membership a chair.
(e) The commissioner shall
convene the first meeting of the council by July 1, 2012. The council shall elect a chair at its first
meeting. Thereafter, Meetings shall
be convened by the commissioner, or by the chair with the approval of the
commissioner.
(f) For the first appointments to the
council, the commissioner shall appoint the members currently serving on the
Combative Sports Commission established under section 341.22, to the council. The commissioner shall designate two of the
members to serve until the first Monday in January 2013; two members to serve
until the first Monday in January 2014; two members to serve until the first
Monday in January 2015; and three members to serve until the first Monday in
January 2016.
(g)
Removal of members, filling of vacancies, and compensation of members shall be
as provided in section 15.059.
Sec. 39. Minnesota Statutes 2012, section 341.27, is amended to read:
341.27
COMMISSIONER DUTIES.
The commissioner shall:
(1) issue, deny, renew, suspend, or revoke licenses;
(2) make and maintain records of its acts and proceedings including the issuance, denial, renewal, suspension, or revocation of licenses;
(3) keep public records of the council open to inspection at all reasonable times;
(4) develop rules to be implemented under this chapter;
(5) conform to the rules adopted under this chapter;
(6) develop policies and procedures for
regulating boxing and mixed martial arts; and
(7) immediately suspend an individual license
for a medical condition, including but not limited to a medical condition
resulting from an injury sustained during a match, bout, or contest that has
been confirmed by the ringside physician.
The medical suspension must be lifted after the commissioner receives
written information from a physician licensed in the home state of the licensee
indicating that the combatant may resume competition, and any other information
that the commissioner may by rule require.
Medical suspensions are not subject to section 214.10. 326B.082 or the contested case procedures provided
in sections 14.57 to 14.69; and
(8) immediately suspend an individual
combatant license for a mandatory rest period, which must commence at the
conclusion of every combative sports contest in which the license holder
competes and does not receive a medical suspension. A rest suspension must automatically lift
after seven calendar days from the date the combative sports contest passed
without notice or additional proceedings.
Rest suspensions are not subject to section 326B.082 or the contested case
procedures provided in sections 14.57 to 14.69.
Sec. 40. Minnesota Statutes 2012, section 341.29, is amended to read:
341.29
JURISDICTION OF COMMISSIONER.
The commissioner shall:
(1) have sole direction, supervision, regulation, control, and jurisdiction over all combative sport contests that are held within this state unless a contest is exempt from the application of this chapter under federal law;
(2) have sole control,
authority, and jurisdiction over all licenses required by this chapter; and
(3) grant
a license to an applicant if, in the judgment of the commissioner, the
financial responsibility, experience, character, and general fitness of the
applicant are consistent with the public interest, convenience, or necessity
and the best interests of combative sports and conforms with this chapter and
the commissioner's rules.; and
(4) deny, suspend, or revoke a license
using the enforcement provisions of section 326B.082.
Sec. 41. Minnesota Statutes 2012, section 341.30, subdivision 4, is amended to read:
Subd. 4. Prelicensure requirements. (a) Before the commissioner issues a license to a promoter, corporation, or other business entity, the applicant shall:
(1) provide the commissioner with a copy of any agreement between a combatant and the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage of the gate receipts;
(2) show on the application the owner or owners of the applicant entity and the percentage of interest held by each owner holding a 25 percent or more interest in the applicant;
(3) provide the commissioner with a copy of the latest financial statement of the entity; and
(4) provide the commissioner with a copy or other proof acceptable to the commissioner of the insurance contract or policy required by this chapter.
(b) Before the commissioner issues a license to a promoter, the applicant shall deposit with the commissioner a cash bond or surety bond in an amount set by the commissioner, which must not be less than $10,000. The bond shall be executed in favor of this state and shall be conditioned on the faithful performance by the promoter of the promoter's obligations under this chapter and the rules adopted under it. An applicant for a license as a promoter and licensed promoters shall submit an application for each event a minimum of six weeks before the combative sport contest is scheduled to occur.
(c) Before the commissioner issues a license
to a combatant, the applicant shall submit to the commissioner:
(1) a mixed martial arts combatant
national identification number or federal boxing identification number that is
unique to the applicant, or both; and
(2) the results of a current medical examination on forms furnished or approved by the commissioner. The medical examination must include an ophthalmological and neurological examination, and documentation of test results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may require. The ophthalmological examination must be designed to detect any retinal defects or other damage or condition of the eye that could be aggravated by combative sports. The neurological examination must include an electroencephalogram or medically superior test if the combatant has been knocked unconscious in a previous contest. The commissioner may also order an electroencephalogram or other appropriate neurological or physical examination before any contest if it determines that the examination is desirable to protect the health of the combatant. The commissioner shall not issue a license to an applicant submitting positive test results for HBV, HCV, or HIV.
Sec. 42. Minnesota Statutes 2012, section 341.32, subdivision 2, is amended to read:
Subd. 2. Expiration
and renewal. A license issued
after July 1, 2007, is valid for one year from the date it is issued and Licenses
expire annually on December 31, and may be renewed by filing an application
for renewal with the commissioner and payment of the license fees established
in section 341.321. An application for a
license and
renewal of a license must be on a form provided by the commissioner. There is a 30-day grace period during which a license may be renewed if a late filing penalty fee equal to the license fee is submitted with the regular license fee. A licensee that files late shall not conduct any activity regulated by this chapter until the commissioner has renewed the license. If the licensee fails to apply to the commissioner within the 30-day grace period, the licensee must apply for a new license under subdivision 1.
Sec. 43. Minnesota Statutes 2012, section 341.321, is amended to read:
341.321
FEE SCHEDULE.
(a) The fee schedule for professional licenses issued by the commissioner is as follows:
(1) referees, $45 $80 for each
initial license and each renewal;
(2) promoters, $400 $700 for
each initial license and each renewal;
(3) judges and knockdown judges, $45 $80
for each initial license and each renewal;
(4) trainers, $45 $80 for each
initial license and each renewal;
(5) ring announcers, $45 $80
for each initial license and each renewal;
(6) seconds, $45 $80 for each
initial license and each renewal;
(7) timekeepers, $45 $80 for
each initial license and each renewal;
(8) combatants, $45 $120 for
each initial license and each renewal;
(9) managers, $45 $80 for each
initial license and each renewal; and
(10) ringside physicians, $45 $80
for each initial license and each renewal.
In addition to the license fee and the late filing penalty
fee in section 341.32, subdivision 2, if applicable, an individual who applies
for a professional license on the same day the combative sporting event is held
shall pay a late fee of $100 plus the original license fee of $45 $120
at the time the application is submitted.
(b) The fee schedule for amateur licenses issued by the commissioner is as follows:
(1) referees, $45 $80 for each
initial license and each renewal;
(2) promoters, $400 $700 for
each initial license and each renewal;
(3) judges and knockdown judges, $45 $80
for each initial license and each renewal;
(4) trainers, $45 $80 for each
initial license and each renewal;
(5) ring announcers, $45 $80
for each initial license and each renewal;
(6) seconds, $45 $80 for each
initial license and each renewal;
(7) timekeepers, $45 $80 for
each initial license and each renewal;
(8) combatant, $25 $60
for each initial license and each renewal;
(9) managers, $45 $80 for each
initial license and each renewal; and
(10) ringside physicians, $45 $80
for each initial license and each renewal.
(c) The commissioner shall establish a
contest fee for each combative sport contest.
The professional combative sport contest fee is $1,500 per event or not
more than four percent of the gross ticket sales, whichever is greater, as
determined by the commissioner when the combative sport contest is scheduled, except
that the amateur combative sport contest fee shall be $500 $1,500
or not more than four percent of the gross ticket sales, whichever is greater. The commissioner shall consider the size and
type of venue when establishing a contest fee.
The commissioner may establish the maximum number of complimentary
tickets allowed for each event by rule. A
professional or amateur combative sport contest fee is nonrefundable.
(d) All fees and penalties collected by the commissioner must be deposited in the commissioner account in the special revenue fund.
Sec. 44. JOB-BASED
EDUCATION AND APPRENTICESHIP PROGRAM (JEAP) FOR MANUFACTURING INDUSTRIES.
Subdivision
1. Creation. The commissioner of labor and
industry, in collaboration with the Board of Trustees of the Minnesota State
Colleges and Universities (MnSCU) and employers, shall develop JEAP for
manufacturing industries that integrates academic instruction and job-related
learning in the workplace and through MnSCU institutions. The commissioner shall actively recruit
participants in JEAP, through the Web-based hub created in subdivision 4 and
other means, from the following groups:
secondary and postsecondary school systems; individuals with
disabilities; dislocated workers; retired and disabled veterans; individuals
enrolled in MFIP under Minnesota Statutes, chapter 256J; minorities; previously
incarcerated individuals; individuals residing in labor surplus areas as
defined by the United States Department of Labor; and any other disadvantaged
group as determined by the commissioner.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given them.
(b) "Board of Trustees of the
Minnesota State Colleges and Universities" has the meaning given in
Minnesota Statutes, section 136F.01.
(c) "Commissioner" means the
commissioner of labor and industry.
(d) "Employer" means a
skilled manufacturing employer within the state who enters into the agreements
with MnSCU and the commissioner of labor under subdivisions 4 to 6.
(e) "Hub" or "the
hub" means the Web-based listing of skilled manufacturing jobs under
subdivision 3.
(f) "MnSCU institution" means
the local college or university providing instruction to the participant.
(g) "Participant" means an
employee who:
(1) enters into a JEAP participation
agreement under subdivision 6; and
(2) is successfully admitted to a MnSCU
institution, if applicable.
(h) "Related
instruction" means classroom instruction or technical or vocational
training required to perform the duties of the skilled manufacturing job.
(i) "Skilled manufacturing"
means occupations in manufacturing industry sectors 31 to 33 as defined by the
North American Industry Classification System (NAICS).
Subd. 3. Job-seekers
hub. (a) The commissioner
shall develop a centralized Web-based skilled manufacturing job-seekers hub that
matches the needs of employers with job seekers.
(b) An employer may advertise a JEAP or
other job opportunity on the hub if the employer:
(1) collaborates with a MnSCU
institution to assist with the development of any necessary classroom
instruction or technical or vocational training that may be required to perform
the duties of the skilled manufacturing job;
(2) collaborates with the commissioner
of labor and industry to create a JEAP under subdivision 4;
(3) abides by the terms of the JEAP employer
agreement under subdivision 4; and
(4) employs the participant under the
terms of a JEAP participation agreement under subdivision 5 for the duration of
the modified apprenticeship program and, assuming successful completion, makes
reasonable efforts to continue to employ the participant as a regular employee.
(c) Job seekers seeking skilled
manufacturing jobs advertised on the hub agree to abide by the terms of the
JEAP participation agreement under subdivision 5.
(d) The Board of Trustees of MnSCU and
MnSCU institutions shall provide information for the hub describing the related
instruction component of JEAP through data exchange.
Subd. 4. JEAP
employer agreement. (a) The
commissioner, eligible employer, and MnSCU institution shall enter into a JEAP
employer agreement that is specific to the identified manufacturing training
needs of an employer.
(b) The agreement must contain the
following:
(1) the name of the employer;
(2) a statement showing the number of
hours to be spent by a participant in work and the number of hours to be spent,
if any, in concurrent, supplementary instruction in related subjects. The maximum number of hours of work per week,
not including time spent in related instruction, for any participant shall not
exceed either the number prescribed by law or the customary regular number of
hours per week for the employees of the company by which the participant is
employed. A participant may be allowed
to work overtime provided that the overtime work does not conflict with supplementary
instruction course attendance. All time
spent by the participant in excess of the number of hours of work per week as
specified in the JEAP participation agreement shall be considered overtime;
(3)
a statement showing the schedule of wages that a participant will earn,
including a probationary period, if any;
(4) an explanation of how the employer
agreement or participant agreement may be terminated;
(5) a statement setting forth a
schedule of the processes in the occupation in which the participant is to be
trained and the approximate time to be spent at each process;
(6) a statement by the MnSCU
institution and the employer describing the related instruction that will be
offered, if any, under subdivision 6, paragraph (c); and
(7) any other provision the
commissioner deems necessary to carry out the purposes of this section.
Subd. 5. JEAP
participation agreement. (a)
The commissioner, the prospective participant, and the employer shall enter
into a JEAP participation agreement that is specific to the manufacturing
training to be provided to the participant.
(b) The participation agreement must
contain the following:
(1) the name of the employer;
(2) the name of the participant;
(3) a statement setting forth a
schedule of the processes of the occupation in which the participant is to be
trained and the approximate time to be spent at each process;
(4) a description of any related
instruction;
(5) a statement showing the number of
hours to be spent by a participant in work and the number of hours to be spent,
if any, in concurrent, supplementary instruction in related subjects. The maximum number of hours of work per week,
not including time spent in related instruction, for any participant shall not
exceed either the number prescribed by law or the customary regular number of
hours per week for the employees of the company by which the participant is
employed. A participant may be allowed
to work overtime provided that the overtime work does not conflict with
supplementary instruction course attendance.
All time spent by the participant in excess of the number of hours of
work per week as specified in the JEAP participation agreement shall be
considered overtime;
(6)
a statement showing the schedule of wages that a participant will earn,
including a probationary period, if any; and
(7) an explanation of how the parties
may terminate the participation agreement.
(c) If a JEAP participation agreement
meets the requirements of Minnesota Statutes, section 178.07, the commissioner
may approve the participation agreement as an apprenticeship agreement.
(d) The commissioner may periodically
review the adherence to the terms of the JEAP participation agreement. If the commissioner determines that an
employer or participant has failed to comply with the terms of a participation
agreement, the commissioner shall terminate the participation agreement.
Subd. 6. MnSCU
instruction. (a) MnSCU
institutions shall collaborate with employers to provide related instruction
which the employer deems necessary to instruct participants of JEAP. The related instruction provided must be, for
the purposes of this section, career-level, as negotiated by the commissioner
and the MnSCU institution. The related
instruction may be for credit or noncredit, and credit earned may be
transferable to a degree program, as determined by the MnSCU institution.
(b) The commissioner, in conjunction
with the MnSCU institution, shall issue a certificate of completion to a
participant who completes all required components of the JEAP participation
agreement.
(c) As part of the JEAP, an employer
shall collaborate with a MnSCU institution for any related instruction required
to perform the skilled manufacturing job.
The employer agreement shall include:
(1)
a detailed explanation of the related instruction; and
(2) the number of hours of related
instruction needed to receive a certificate of completion.
(d) Before entering into a JEAP
participation agreement under subdivision 6, a prospective participant must
enroll in the MnSCU institution at which the required instruction will occur. Acceptance into JEAP does not guarantee
enrollment as a degree-seeking student in good standing at a MnSCU institution. The MnSCU institution may modify admission
procedures and requirements for participants applying for JEAP under this
section.
Subd. 7. Expiration. JEAP does not expire unless jointly
agreed to by both the Board of Trustees of MnSCU and the commissioner.
Sec. 45. IMPLEMENTATION;
REPORT.
The commissioner shall implement JEAP
for manufacturing industries under Minnesota Statutes, section 178A.10, at
Century College, Alexandria Technical and Community College, Hennepin Technical
College, and Central Lakes College. By
January 15, 2015, the commissioner and the Board of Trustees of MnSCU, in
conjunction with each MnSCU institution listed in this section, shall report to
the legislative committees with jurisdiction over jobs. The report must address the progress and
success of the implementation of JEAP at each individual MnSCU institution
listed in this section. The report must
give recommendations on where JEAP should next be implemented, taking into
consideration all current and potential manufacturing training providers
available.
Sec. 46. REPEALER.
(a) Minnesota Statutes 2012, sections
326B.31, subdivisions 18, 19, and 22; and 326B.978, subdivision 4, are
repealed.
(b) Minnesota Rules, parts 1307.0032;
3800.3520, subpart 5, items C and D; and 3800.3602, subpart 2, item B, subitems
(5) and (6), are repealed.
ARTICLE 3
EMPLOYMENT, ECONOMIC DEVELOPMENT, AND WORKFORCE DEVELOPMENT
Section 1.
[116J.013] COST-OF-LIVING
STUDY; ANNUAL REPORT.
(a) The commissioner shall conduct an
annual cost-of-living study in Minnesota.
The study shall include:
(1) a calculation of the statewide
basic needs cost of living, adjusted for family size;
(2) a calculation of the basic needs
cost of living, adjusted for family size, for each county;
(3) an analysis of statewide and county
cost-of-living data, employment data, and job vacancy data; and
(4) recommendations to aid in the
assessment of employment and economic development planning needs throughout the
state.
(b) The commissioner shall report on
the cost-of-living study and recommendations by February 1 of each year to the
governor and to the chairs of the standing committees of the house of
representatives and the senate having jurisdiction over employment and economic
development issues.
Sec. 2. [116J.4011]
LABOR MARKET INFORMATION DATA PRODUCTION REQUIREMENT.
(a) As part of the commissioner's
obligation under section 116J.401, the commissioner must, in collaboration with
the Office of Higher Education and local workforce center boards, publish labor
market analysis supply and demand reports, statewide and by region. The supply and demand reports must:
(1)
identify the state and regional industry sectors and occupations with the
highest current and projected job growth;
(2) identify top job vacancies by state
and regional industry sectors and occupations;
(3) provide information on the
education attainment of the current state and regional workforce;
(4)
identify the expected number of graduates in industry-recognized credential and
degree programs by career field;
(5) identify the completion rate and
average debt per student of industry-recognized credential and degree programs
by career field;
(6) identify higher education
institutions offering industry-recognized credential and degree programs in
high job-growth career fields;
(7) make projections on future state and regional job growth by education level; and
(8) utilize employer surveys to
identify the credentials and skills needed for employment in high job-growth
occupations.
(b) The statewide report and regional
reports shall each present side-by-side comparisons of:
(1) new job growth and total job
openings by education level compared with educational attainment levels of
current workforce;
(2) current and projected top
high-growth, high-pay industries by number of new jobs and median salaries
compared with top annual graduates by major or credential; and
(3) top job vacancies requiring some
postsecondary credential. Each of these
vacancies should be directly linked to information about what credentials are
required, where in the state and region those credentials can be obtained, the
completion and credential attainment rate of each of those credential programs,
the average debt per student who attains each credential, and median wages for
the job vacancy.
(c)
Reports required by this section must be regularly reviewed by regional
employers and educators to ensure accuracy.
(d) Reports required by this section
must be easily accessible, easily readable, and prominently presented on the
Department of Employment and Economic Development Web site and Web sites of
workforce centers.
Sec. 3. Minnesota Statutes 2012, section 116J.8731, subdivision 2, is amended to read:
Subd. 2. Administration. Except as otherwise provided in this
section, the commissioner shall administer the fund as part of the Small
Cities Development Block Grant Program. and funds shall be made
available to local communities and recognized Indian tribal governments in
accordance with the rules adopted for economic development grants in the small
cities community development block grant program, except that. All units of general purpose local government
are eligible applicants for Minnesota investment funds. The commissioner may provide forgivable
loans directly to a private enterprise and not require a local community or
recognized Indian
tribal government application other than a resolution supporting the assistance. Eligible applicants for the state-funded portion of the fund also include development authorities as defined in section 116J.552, subdivision 4, provided that the governing body of the municipality approves, by resolution, the application of the development authority. The commissioner may also make funds available within the department for eligible expenditures under subdivision 3, clause (2). A home rule charter or statutory city, county, or town may loan or grant money received from repayment of funds awarded under this section to a regional development commission, other regional entity, or statewide community capital fund as determined by the commissioner, to capitalize or to provide the local match required for capitalization of a regional or statewide revolving loan fund.
Sec. 4. Minnesota Statutes 2012, section 116J.8731, subdivision 3, is amended to read:
Subd. 3. Eligible expenditures. The money appropriated for this section may be used to:
(1) fund loans or grants for infrastructure, loans, loan guarantees, interest buy-downs, and other forms of participation with private sources of financing, provided that a loan to a private enterprise must be for a principal amount not to exceed one-half of the cost of the project for which financing is sought;
(2) fund strategic investments in renewable energy market development, such as low interest loans for renewable energy equipment manufacturing, training grants to support renewable energy workforce, development of a renewable energy supply chain that represents and strengthens the industry throughout the state, and external marketing to garner more national and international investment into Minnesota's renewable sector. Expenditures in external marketing for renewable energy market development are not subject to the limitations in clause (1); and
(3) provide private entrepreneurs with training, other technical assistance, and financial assistance, as provided in the small cities development block grant program.
Sec. 5. Minnesota Statutes 2012, section 116J.8731, subdivision 8, is amended to read:
Subd. 8. Disaster contingency account; repayments. There is created a Minnesota investment fund disaster contingency account in the special revenue fund. Repayment of loan amounts to the local government unit or development authority under this section shall be forwarded to the commissioner and deposited in the disaster contingency account in the Minnesota investment fund to be appropriated by law for future disaster relief.
Sec. 6. Minnesota Statutes 2012, section 116J.8731, subdivision 9, is amended to read:
Subd. 9. Requirements
for assistance. (a) All
awards under section 12A.07 are subject to the following requirements in
this subdivision.
(a) Eligible applicants include the
following:
(b) Eligible applicants are subject to
the following requirements:
(1)
Applicants may be any business or nonprofit organization in the area included
in the disaster declaration that was directly and adversely affected by the
disaster. This includes: businesses, cooperatives, utilities,
industrial, commercial, retail, and nonprofit organizations, including those nonprofits
that provide residential, health care, child care, social, or other services on
behalf of the Department of Human Services to residents included in the
disaster area.
(2) Business applicants must be organized as a proprietorship, partnership, LLC, or a corporation.
(3) Applicants must have been in operation before the date of the disaster.
(b) Eligible activities. (c) Loan funds may be used to assist businesses only in their recovery efforts but are not available to provide relief from economic losses.
(c) Eligible costs. (d) Eligible costs may include the
following: repair of buildings,
leasehold improvements, fixtures and/or equipment, loss of inventory, and
cleanup costs.
(d) (e) Ineligible activities include
all of the following:
(1) Ineligible applicants. Any applicants not meeting the eligibility
requirements outlined in this subdivision are ineligible to receive recovery
loan funds.
(2) Ineligible activities. Funds may not be used for lending or
investment operations, land speculation, or any activity deemed illegal by
federal, state, or local law or ordinance.
(3) Ineligible costs. Ineligible costs include but are not limited
to: economic injury losses, relocation,
management fees, financing costs, franchise fees, debt consolidation, moving
costs, refinancing debt existing prior to the date of the disaster, and
operating costs.
(e) (f) Loan application:
(1) Application process. All parties seeking recovery loan funds must
file an application with the local unit of government or development
authority. Small Business
Administration (SBA) application forms may be used. Applications must be transmitted in the form
and manner prescribed by the commissioner.
(f) Application information. (g) Only completed applications will
be reviewed for consideration. Submittal
of the following information constitutes a complete application:
(1) Minnesota investment fund recovery loan fund application;
(2) business SBA disaster application, if applicable;
(3) regional development organization or responsible local government application, if applicable;
(4) administrative contact;
(5) business release for local government to review SBA damage assessment/loss verification, if applicable;
(6) proof of loss statement from insurer;
(7) construction cost estimates;
(8) invoices for work completed;
(9) quotes for equipment;
(10) proposed security;
(11) company historical financial statements for the 24 months immediately prior to the application date;
(12) credit check release;
(13) number of jobs to be retained;
(14) wages paid;
(15) amount of loan request;
(16) documentation of damages incurred;
(17) property taxes paid and current;
(18) judgments, liens, agreements, consent decrees, stipulations for settlements, or other such actions which would prevent the applicant from participating in any program administered by the responsible local, state, or regional government;
(19) compliance with all applicable local ordinances and plans;
(20) documentation through financial and tax records that the business was a viable operating entity at the time of the flood;
(21) business tax identification number; and
(22) other documentation as requested.
(g) (h) Incomplete
applications will be assigned pending status and the applicant will be informed
in writing of the missing documentation.
(h) Determination of eligibility. (i)
Applicant eligibility will be determined using criteria enumerated in paragraph
(a) (b). A credit check
for the company and each of its principal owners may be conducted. An owner's encumbrance report will be
completed by the Recorder's Office.
(j) A grant recipient is eligible for assistance provided under this section only after the recipient has claimed all applicable private insurance and the recipient has utilized all other sources of applicable assistance available under the act appropriating funding for the grant.
Sec. 7. [116J.8748]
MINNESOTA JOB CREATION FUND.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b) "Agreement" or "business subsidy agreement" means a business subsidy agreement under section 116J.994 that must include, but is not limited to: specification of the duration of the agreement, job goals and a timeline for achieving those goals over the duration of the agreement, construction and other investment goals and a timeline for achieving those goals over the duration of the agreement, and the value of benefits the firm may receive following achievement of construction and employment goals. The local government and business must report to the commissioner on the business performance using the forms developed by the commissioner.
(c)
"Business" means an individual, corporation, partnership, limited
liability company, association, or other entity.
(d) "Capital investment"
means money that is expended for the purpose of building or improving real
fixed property where employees under paragraphs (g) and (h) are or will be
employed and also includes construction materials, services, and supplies.
(e) "Commissioner"
means the commissioner of employment and economic development.
(f) "Minnesota job creation fund
business" means a business that is designated by the commissioner under
subdivision 3.
(g) "New full-time employee"
means an employee who:
(1) begins work at a Minnesota job
creation fund business facility noted in a business subsidy agreement and
following the designation as a job creation fund business; and
(2) has expected work hours of at least
2,080 hours annually.
(h) "Retained job" means a
full-time position:
(1) that existed at the facility prior
to the designation as a job creation fund business; and
(2) has expected work hours of at least
2,080 hours annually.
(i) "Wages" has the meaning
given in section 290.92, subdivision 1, clause (1).
Subd. 2. Application. (a) In order to qualify for
designation as a Minnesota job creation fund business under subdivision 3, a
business must submit an application to the local government entity where the
facility is or will be located.
(b) A local government must submit the
business application along with other application materials to the commissioner
for approval.
(c) The applications required under paragraphs (a) and (b) must be in the form and be made under the procedures specified by the commissioner.
Subd. 3. Minnesota
job creation fund business designation; requirements. (a) To receive designation as a
Minnesota job creation fund business, a business must satisfy all of the
following conditions:
(1) the business is or will be engaged
in, within Minnesota, one of the following as its primary business activity:
(i) manufacturing;
(ii) warehousing;
(iii) distribution;
(iv) information technology;
(v) finance;
(vi) insurance; or
(vii) professional or technical
services;
(2) the business must not be primarily engaged in lobbying, gambling, entertainment, professional sports, political consulting, leisure, hospitality, or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, or primarily engaged in making retail sales to purchasers who are physically present at the business's location;
(3) the business must enter
into a binding construction and job creation business subsidy agreement with
the commissioner to expend at least $500,000 in capital investment in a
construction project that includes a new, expanded, or remodeled facility
within one year following designation as a Minnesota job creation fund business
and:
(i) create at least ten new full-time
employee positions within two years of the benefit date following the
designation as a Minnesota job creation fund business; or
(ii) expend at least $25,000,000 in
capital investment and retain at least 50 employees;
(4) positions or employees moved or
relocated from another Minnesota location of the Minnesota job creation fund
business must not be included in any calculation or determination of job
creation or new positions under this paragraph; and
(5) a Minnesota job creation fund
business must not terminate, lay off, or reduce the working hours of an
employee for the purpose of hiring an individual to satisfy job creation goals
under this subdivision.
(b) Prior to approving the proposed
designation of a business under this subdivision, the commissioner shall
consider the following:
(1) the economic outlook of the
industry in which the business engages;
(2) the projected sales of the business
that will be generated from outside the state of Minnesota;
(3) how the business will build on
existing regional, national, and international strengths to diversify the
state's economy;
(4) whether the business activity would
occur without financial assistance;
(5) whether the business is unable to
expand at an existing Minnesota operation due to facility or land limitations;
(6) whether the business has viable
location options outside Minnesota;
(7) the effect of financial assistance
on industry competitors in Minnesota;
(8) financial contributions to the
project made by local governments; and
(9) any other criteria the commissioner
deems necessary.
(c) Upon receiving notification of local approval under subdivision 2, the commissioner shall review the determination by the local government and consider the conditions listed in paragraphs (a) and (b) to determine whether it is in the best interests of the state and local area to designate a business as a Minnesota job creation fund business.
(d) If the commissioner designates a
business as a Minnesota job creation fund business, the business subsidy
agreement shall include the performance outcome commitments and the expected
financial value of any Minnesota job creation fund benefits.
(e) The commissioner may amend an
agreement once, upon request of a local government on behalf of a business,
only if the performance is expected to exceed thresholds stated in the original
agreement.
(f) A business may apply to be
designated as a Minnesota job creation fund business at the same location more
than once only if all goals under a previous Minnesota job creation fund
agreement have been met and the agreement is completed.
Subd. 4. Certification;
benefits. (a) The
commissioner may certify a Minnesota job creation fund business as eligible to
receive a specific value of benefit under paragraphs (b) and (c) when the
business has achieved its job creation and construction goals noted in its
agreement under subdivision 3.
(b) A qualified Minnesota job creation
fund business may be certified eligible for the benefits in this paragraph for
up to five years for projects located in the metropolitan area as defined in
section 200.02, subdivision 24, and seven years for projects located outside
the metropolitan area, as determined by the commissioner when considering the
best interests of the state and local area.
The eligibility for the following benefits begins the date the
commissioner certifies the business as a qualified Minnesota job creation fund
business under this subdivision:
(1) up to five percent rebate for
projects located in the metropolitan area as defined in section 200.02,
subdivision 24, and 7.5 percent for projects located outside the metropolitan
area, on capital investment on qualifying purchases as provided in subdivision
5 with the total rebate for a project not to exceed $500,000;
(2) an award of up to $500,000 based on
full-time job creation and wages paid as provided in subdivision 6 with the
total award not to exceed $500,000;
(3) up to $1,000,000 in capital
investment rebates and $1,000,000 in job creation awards for projects that have
at least $25,000,000 in capital investment and 200 new employees; and
(4) up to $1,000,000 in capital
investment rebates for projects that have at least $25,000,000 in capital
investment and 50 retained employees.
(c) The job creation award may be
provided in multiple years as long as the qualified Minnesota job creation fund
business continues to meet the job creation goals provided for in its agreement
under subdivision 3 and the total award does not exceed $500,000 except as
provided under paragraph (b), clauses (3) and (4).
(d) No rebates or award may be provided
until the Minnesota job creation fund business has at least $500,000 in capital
investment in the project and at least ten full-time jobs have been created and
maintained for at least one year or the retained employees, as provided in
paragraph (b), clause (4), remain for at least one year. The agreement may require additional
performance outcomes that need to be achieved before rebates and awards are
provided. If fewer retained jobs are
maintained, but still above the minimum under this subdivision, the capital
investment award shall be reduced on a proportionate basis.
(e) The forms needed to be submitted to
document performance by the Minnesota job creation fund business must be in the
form and be made under the procedures specified by the commissioner. The forms shall include documentation and
certification by the business that it is in compliance with the business
subsidy agreement, sections 116J.871 and 116L.66, and other provisions as
specified by the commissioner.
(f) Minnesota job creation fund
businesses must pay each new full-time employee added pursuant to the agreement
total compensation, including benefits not mandated by law, that on an
annualized basis is equal to at least 110 percent of the federal poverty level
for a family of four.
(g) A Minnesota job creation fund
business must demonstrate reasonable progress on its capital investment
expenditures within six months following designation as a Minnesota job
creation fund business to ensure that the capital investment goal in the
agreement under subdivision 1 will be met.
The commissioner may determine that a business not making reasonable
progress will not be eligible for benefits under the submitted application and
will need to work with the local government unit to submit a new application
and request to be a Minnesota job creation fund business. Notwithstanding any six-month goals noted in
its agreement under subdivision 1, this action shall not be considered a
default of the business subsidy agreement.
Subd. 5. Capital
investment rebate. (a) A
qualified Minnesota job creation fund business is eligible for a rebate on the
purchase and use of construction materials, services, and supplies used for or
consumed in the construction project as described in the goals under the
agreement provided under subdivision 1, paragraph (b).
(b) The rebate under this subdivision
applies regardless of whether the purchases are made by the qualified Minnesota
job creation fund business or a contractor hired to perform work or provide
services at the qualified Minnesota job creation fund business location.
(c)
Minnesota job creation fund businesses seeking the rebate for capital
investment provided under subdivision 4 must submit forms and
applications to the Department of Employment and Economic Development as
prescribed by the commissioner of each department.
Subd. 6. Job
creation award. (a) A
qualified Minnesota job creation fund business is eligible for an annual award
for each new job created and maintained by the business using the following
schedule: $1,000 for each job position
paying annual wages at least $26,000 but less than $35,000; $2,000 for each job
position paying at least $35,000 but less than $45,000; and $3,000 for each job
position paying at least $45,000; and as noted in the goals under the agreement
provided under subdivision 1.
(b) The job creation award schedule must
be adjusted annually using the percentage increase in the federal poverty level
for a family of four.
(c) Minnesota job creation fund
businesses seeking an award credit provided under subdivision 4 must submit
forms and applications to the Department of Employment and Economic Development
as prescribed by the commissioner.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 8. [116J.9661]
TRADE POLICY ADVISORY GROUP.
Subdivision 1. Establishment. A trade policy advisory group is established
to advise and assist the governor and the legislature regarding government
procurement agreements of United States trade agreements.
Subd. 2. Membership. (a) The trade policy advisory group
shall be appointed by the governor and comprised of 12 members as follows:
(1) two representatives of organized
labor;
(2) a representative of an organization
representing environmental interests;
(3) a representative of organizations
representing family farmers;
(4) two representatives from business and
industry;
(5) a representative of a nonprofit
organization focused on international trade and development;
(6) the commissioner of employment and
economic development or the commissioner's designee;
(7) two senators, including one member
from the majority party and one member from the minority party, appointed by
the Subcommittee on Committees of the Committee on Rules and Administration of
the senate; and
(8) two members of the house of
representatives, including one member appointed by the speaker of the house and
one member appointed by the minority leader.
(b) Members of the trade policy
advisory group shall serve for a term of two years and may be reappointed. Members shall serve until their successors
have been appointed.
(c)
The trade policy advisory group may invite representatives from other state
agencies, industries, trade and labor organizations, nongovernmental
organizations, and local governments to join the group as nonvoting ex officio
members.
Subd. 3. Administration. (a) The commissioner of employment and
economic development or the commissioner's designee shall:
(1) coordinate with the other
appointing authorities to designate their representatives; and
(2) provide meeting space and
administrative services for the group.
(b) The members shall elect a chair
from the legislative members of the working group. The chair will assume responsibility for
convening future meetings of the group.
(c) Public members of the advisory
group serve without compensation or payment of expenses.
Subd. 4. Duties. The trade policy advisory group shall:
(1) serve as an advisory group to the
governor and the legislature on matters relating to government procurement
agreements of United States trade agreements;
(2) assess the potential impact of
government procurement agreements on the state's economy;
(3) advise the governor and the
legislature of the group's findings and make recommendations, including any
draft legislation necessary to implement the recommendations, to the governor
and the legislature;
(4) determine, on a case-by-case basis,
the impact of a specific government procurement agreement by requesting input
from state agencies, seeking expert advice, convening public hearings, and
taking other reasonable and appropriate actions;
(5) provide advice on other issues
related to trade agreements other than government procurement agreements when
specifically requested by the governor or the legislature;
(6) request information from the Office
of the United States Trade Representative necessary to conduct an appropriate
review of government procurement agreements or other trade issues as directed
by the governor or the legislature; and
(7) receive information obtained by the
United States Trade Representative's single point of contact for Minnesota.
Subd. 5. Report. The trade policy advisory group shall
issue a report to the legislature with its findings and recommendations no less
than once per fiscal year.
Sec. 9. [116J.978]
MINNESOTA TRADE OFFICES IN FOREIGN MARKETS.
(a) The commissioner of employment and
economic development shall establish three new Minnesota Trade Offices in key
foreign markets selected for their potential to increase Minnesota exports and
attract foreign direct investment.
(b) The commissioner shall
establish a performance rating system for the new offices established under
this section and create specific annual goals for the offices to meet. The commissioner shall monitor activities of
the office, including, but not limited to, the number of inquiries and projects
received and completed, meetings arranged between Minnesota companies and
potential investors, distributors, or customers, and agreements signed.
Sec. 10. [116J.979]
MINNESOTA STEP GRANTS.
Subdivision
1. Establishment. The commissioner of employment and
economic development shall create a State Trade and Export Promotion grants
program, hereafter STEP grants, to provide financial and technical assistance
to eligible Minnesota small businesses with an active interest in exporting
products or services to foreign markets.
Subd. 2. Grants. Recipients may apply, on an
application devised by the commissioner, for up to $7,500 in reimbursement for
approved export-development activities, including, but not limited to:
(1) participation in trade missions;
(2) export training;
(3) exhibition at trade shows or
industry-specific events;
(4) translation of marketing materials;
(5) development of foreign language Web
sites, Gold Key, or other business matchmaking services;
(6) company-specific international sales
activities; and
(7) testing and certification required
to sell products in foreign markets.
Sec. 11. [116J.9801]
INVEST MINNESOTA.
The commissioner shall establish the
Invest Minnesota marketing initiative. This
initiative must focus on branding the state's economic development initiatives
and promoting Minnesota business opportunities.
The initiative may include measures to communicate the benefits of doing
business in Minnesota to companies considering relocating, establishing a United
States presence, or expanding.
Sec. 12. [116L.191]
WORKFORCE CENTER; CREDENTIAL ASSISTANCE.
(a) The commissioner shall provide at
local workforce centers services that assist individuals in identifying and
obtaining industry-recognized credentials for jobs, particularly jobs in high
demand. The workforce centers must
consult and cooperate with training institutions, particularly postsecondary
institutions, to identify credential programs to individuals.
(b) Each workforce center shall provide
information under section 116J.4011, paragraph (b), clause (3), linked as a
shortcut from the desktop of each workforce center computer and available in
hard copy. Prominent signs should be
posted in workforce centers directing individuals to where they can find a list
of top job vacancies and related credential information.
Sec. 13. Minnesota Statutes 2012, section 116U.26, is amended to read:
116U.26
FILM PRODUCTION JOBS PROGRAM.
(a) The
film production jobs program is created.
The program shall be operated by the Minnesota Film and TV Board with
administrative oversight and control by the commissioner of documentaries, music videos,
and commercials that directly create new film jobs in Minnesota. To be eligible for a payment, a producer must
submit documentation to the Minnesota Film and TV Board of expenditures for
production costs incurred in Minnesota that are directly attributable to the
production in Minnesota of a film product.administration
employment and economic development.
The program shall make payment to producers of feature films, national
television or Internet programs,
The Minnesota Film and TV Board shall make
recommendations to the commissioner of administration employment and
economic development about program payment, but the commissioner has the
authority to make the final determination on payments. The commissioner's determination must be
based on proper documentation of eligible production costs submitted for
payments. No more than five percent of
the funds appropriated for the program in any year may be expended for
administration, including costs for independent audits and financial reviews
of projects.
(b) For the purposes of this section:
(1) "production costs" means the cost of the following:
(i) a story and scenario to be used for a film;
(ii) salaries of talent, management, and labor, including payments to personal services corporations for the services of a performing artist;
(iii) set construction and operations, wardrobe, accessories, and related services;
(iv) photography, sound synchronization, lighting, and related services;
(v) editing and related services;
(vi) rental of facilities and equipment; or
(vii) other direct costs of producing the
film in accordance with generally accepted entertainment industry practice; and
(viii) above-the-line talent fees for
nonresident talent; or
(ix) costs incurred during
postproduction; and
(2) "film" means a feature film,
television or Internet show, pilot, program, series, documentary,
music video, or television commercial, whether on film, video, or digital media. Film does not include news, current events,
public programming, or a program that includes weather or market reports; a
talk show; a production with respect to a questionnaire or contest; a sports
event or sports activity; a gala presentation or awards show; a finished
production that solicits funds; or a production for which the production
company is required under United States Code, title 18, section 2257, to
maintain records with respect to a performer portrayed in a single-media or
multimedia program.
(c) Notwithstanding any other law to the
contrary, the Minnesota Film and TV Board may make reimbursements of: (1) up to 20 25 percent of film
production costs for films that locate production outside the metropolitan
area, as defined in section 473.121, subdivision 2, or that incur production
costs in excess of $5,000,000 in the metropolitan area within a 12-month
period; or (2) up to 15 20 percent of film production
costs for films that incur production costs of $5,000,000 or less in the
metropolitan area within a 12-month period.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2012, section 136F.37, is amended to read:
136F.37
JOB PLACEMENT IMPACT ON PROGRAM REVIEW; INFORMATION TO STUDENTS.
Subdivision 1. Colleges; technical occupational program. The board must assess labor market data when conducting college program reviews. Colleges must provide prospective students with the job placement rate for graduates of technical and occupational programs offered at the colleges.
Subd. 2. DEED
labor market survey; MnSCU usage and disclosure. The data assessed under subdivision 1
must include labor market data compiled by the Department of Employment and
Economic Development under section 116J.4011.
The board and its colleges and universities must use this market data
when deciding upon course and program offerings. The board must provide a link to this labor
market data on its Internet portal.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2012, section 245.4712, subdivision 1, is amended to read:
Subdivision 1. Availability of community support services. (a) County boards must provide or contract for sufficient community support services within the county to meet the needs of adults with serious and persistent mental illness who are residents of the county. Adults may be required to pay a fee according to section 245.481. The community support services program must be designed to improve the ability of adults with serious and persistent mental illness to:
(1) work in a regular or supported work
environment find and maintain competitive employment;
(2) handle basic activities of daily living;
(3) participate in leisure time activities;
(4) set goals and plans; and
(5) obtain and maintain appropriate living arrangements.
The community support services program must also be designed to reduce the need for and use of more intensive, costly, or restrictive placements both in number of admissions and length of stay.
(b) Community support services are those services that are supportive in nature and not necessarily treatment oriented, and include:
(1) conducting outreach activities such as home visits, health and wellness checks, and problem solving;
(2) connecting people to resources to meet their basic needs;
(3) finding, securing, and supporting people in their housing;
(4) attaining and maintaining health insurance benefits;
(5) assisting with job applications, finding and maintaining employment, and securing a stable financial situation;
(6) fostering social support, including support groups, mentoring, peer support, and other efforts to prevent isolation and promote recovery; and
(7) educating about mental illness, treatment, and recovery.
(c) Community support services shall use all
available funding streams. The county
shall maintain the level of expenditures for this program, as required under
section 245.4835. County boards must
continue to provide funds for those services not covered by other funding
streams and to maintain an infrastructure to carry out these services. The county is encouraged to fund
evidence-based practices such as individual placement and support supported
employment and illness management and recovery.
(d) The commissioner shall collect data on community support services programs, including, but not limited to, demographic information such as age, sex, race, the number of people served, and information related to housing, employment, hospitalization, symptoms, and satisfaction with services.
Sec. 16. Minnesota Statutes 2012, section 268A.13, is amended to read:
268A.13
EMPLOYMENT SUPPORT SERVICES FOR PERSONS WITH MENTAL ILLNESS.
The commissioner of employment and
economic development, in cooperation with the commissioner of human services,
shall develop a statewide program of grants as outlined in section 268A.14 to
provide services for persons with mental illness who want to work in
supported employment. Projects funded
under this section must: (1) assist
persons with mental illness in obtaining and retaining competitive
employment; (2) emphasize individual community placements for clients client
preferences; (3) ensure interagency collaboration at the local level
between vocational rehabilitation field offices, county service agencies,
community support programs operating under the authority of section 245.4712,
and community rehabilitation providers, in assisting clients; (4) ensure
services are integrated with mental health treatment; (5) provide benefits
counseling; (6) conduct rapid job search; and (4) (7) involve
clients in the planning, development, oversight, and delivery of support
services. Project funds may not be used
to provide services in segregated settings such as the center-based employment
subprograms as defined in section 268A.01.
The commissioner of employment and
economic development, in consultation with the commissioner of human services,
shall develop a request for proposals which is consistent with the requirements
of this section and section 268A.14 and which specifies the types of services
that must be provided by grantees. Priority
for funding shall be given to organizations with experience in developing
innovative employment support services for persons with mental illness carrying
out evidence-based practices. Each
applicant for funds under this section shall submit an evaluation protocol as
part of the grant application.
Sec. 17. Minnesota Statutes 2012, section 268A.14, subdivision 1, is amended to read:
Subdivision 1. Employment support services and programs. The commissioner of employment and economic development, in cooperation with the commissioner of human services, shall operate a statewide system to reimburse providers for employment support services for persons with mental illness. The system shall be operated to support employment programs and services where:
(1) services provided are readily accessible to all persons with mental illness who want to work, including rapid competitive job search, so they can make progress toward economic self-sufficiency;
(2) services provided are made an integral part of all mental health treatment and rehabilitation programs for persons with mental illness to ensure that they have the ability and opportunity to consider a variety of work options;
(3) programs help persons with mental illness form long-range plans for employment that fit their skills and abilities by ensuring that ongoing time-unlimited support, crisis management, placement, and career planning services are available;
(4) services provided give persons with mental illness the information needed to make informed choices about employment expectations and options, including information on the types of employment available in the local community, the types of employment services available, the impact of employment on eligibility for governmental benefits, and career options;
(5) programs assess whether persons with mental illness being serviced are satisfied with the services and outcomes. Satisfaction assessments shall address at least whether persons like their jobs, whether quality of life is improved, whether potential for advancement exists, and whether there are adequate support services in place;
(6) programs encourage persons with mental illness being served to be involved in employment support services issues by allowing them to participate in the development of individual rehabilitation plans and to serve on boards, committees, task forces, and review bodies that shape employment services policies and that award grants, and by encouraging and helping them to establish and participate in self-help and consumer advocacy groups;
(7) programs encourage employers to expand employment opportunities for persons with mental illness and, to maximize the hiring of persons with mental illness, educate employers about the needs and abilities of persons with mental illness and the requirements of the Americans with Disabilities Act;
(8) programs encourage persons with mental illness, vocational rehabilitation professionals, and mental health professionals to learn more about current work incentive provisions in governmental benefits programs;
(9) programs establish and maintain linkages with a wide range of other programs and services, including educational programs, housing programs, economic assistance services, community support services, and clinical services to ensure that persons with mental illness can obtain and maintain employment;
(10) programs participate in ongoing training across agencies and service delivery systems so that providers in human services systems understand their respective roles, rules, and responsibilities and understand the options that exist for providing employment and community support services to persons with mental illness; and
(11) programs work with local communities to expand system capacity to provide access to employment services to all persons with mental illness who want them.
Sec. 18. [383D.412]
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY; MINNESOTA INVESTMENT FUND.
Subdivision 1. Treatment. As long as the conditions set forth in subdivision 2 are met and notwithstanding the provisions of section 116J.8731, the Dakota County Community Development Agency will be treated as if it were a general purpose local governmental unit and may apply for and receive state-funded money from the Minnesota investment fund.
Subd. 2. Conditions
precedent. Conditions
precedent to the treatment of the Dakota County Community Development Agency as
a general purpose local governmental unit as described in subdivision 1 are:
(a) the board of commissioners of
Dakota County shall have adopted a resolution approving such treatment of the
Dakota County Community Development Agency, and such resolution shall be in
full force and effect and shall not have been revoked by Dakota County; and
(b) the members of the board of
commissioners of Dakota County shall be the same persons as the members of the
board of commissioners of the Dakota County Community Development Agency.
Sec. 19. EMPLOYMENT
SUPPORT AND INDEPENDENT LIVING SERVICES FOR INDIVIDUALS WITH HIGH-FUNCTIONING
AUTISM, ASPERGER'S SYNDROME, NONVERBAL LEARNING DISORDERS, AND PERVASIVE
DEVELOPMENT DISORDER, NOT OTHERWISE SPECIFIED; PILOT PROGRAM.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Communication" means the
ability to effectively give and receive information through spoken words,
writing, speaking, listening, or other means of communication, including but
not limited to nonverbal expressions, gestures, or other adaptive methods.
(c)
"Functional areas" means communication, interpersonal skills,
mobility, self-care, self-direction, preemployment skills, work
tolerance, and independent living skills.
(d) "Independent living
assessment" means an active, performance-based skill assessment in the
functional areas of communication, interpersonal skills, mobility, self-care,
self-direction, preemployment skills, and independent living skills, that
provides an analysis of the individual's ability to independently achieve
certain skills and which is performed through direct observation.
(e) "Interpersonal skills"
means the ability to establish and maintain personal, family, work, and
community relationships.
(f) "Mobility" means the
physical and psychological ability to move about from place to place, including
travel to and from destinations in the community for activities of daily
living, training, or work.
(g) "Natural supports" means
the process of assisting an employer to expand its capacity for training,
supervising, and supporting workers with disabilities.
(h) "Ongoing employment support
services" means any of the following services:
(1) facilitation of natural supports at
the work site;
(2) disability awareness training for
the worker, the worker's employer, supervisor, or coworkers;
(3) services necessary to increase the
worker's inclusion at the work site;
(4) job skills training at the work
site;
(5) regular observation or supervision of the worker;
(6) coordination of support services;
(7) job-related safety training;
(8) job-related advocacy skills
training to advance employment;
(9) training in independent
living skills and support including self-advocacy, money management and
organization, grooming and personal care, communication, interpersonal skills,
problem solving, orientation and mobility, and using public transportation or
driver's training;
(10) follow-up services necessary to
reinforce and stabilize employment, including regular contact with the worker's
employer, supervisor or coworkers, parents, family members, advocates, legal
representatives, other suitable professionals, and informed advisors;
(11) training in job seeking skills; and
(12) internships or career planning to
assist the individual's advancement in meaningful employment.
(i) "Preemployment skills"
means the abilities and skills to successfully apply for, secure, and maintain
competitive employment.
(j) "Self-care" means skills
needed to manage one's self or living environment, including but not limited to
money management, personal health care, personal hygiene, and safety needs,
including medication management.
(k) "Self-direction" means the
ability to plan, initiate, organize, or carry out goal-directed activities or
solve problems related to self-care, socialization, recreation, and working
independently.
(l) "Severe impairment to
employment" means limitations experienced by persons diagnosed with
high-functioning autism, Asperger's syndrome, nonverbal learning disorders, or
pervasive development disorder, not otherwise specified, due to an extended
history of unemployment or underemployment; limited education, training, or job
skills; and physical, intellectual, or emotional characteristics that seriously
impair the individual's ability to obtain and retain permanent employment.
(m) "Work tolerance" means the
ability to effectively and efficiently perform jobs with various levels of
sensory and environmental components including scent, noise, visual stimuli,
physical space, and psychological demands.
Subd. 2. Employment
support plan and outcomes. An
individual participating in the program under this section must develop an
employment support plan that includes:
(1) employment goals;
(2) ongoing support services;
(3) program outcomes that focus on competitive
employment in the community; and
(4) ongoing independent living services
and employment supports necessary for the individual to secure, maintain, and
advance in employment that best fits the individual's strengths and career
goals.
ARTICLE 4
UNEMPLOYMENT INSURANCE
Section 1. Minnesota Statutes 2012, section 116L.17, subdivision 4, is amended to read:
Subd. 4. Use of funds. Funds granted by the board under this section may be used for any combination of the following, except as otherwise provided in this section:
(1) employment transition services such as developing readjustment plans for individuals; outreach and intake; early readjustment; job or career counseling; testing; orientation; assessment of skills and aptitudes; provision of occupational and labor market information; job placement assistance; job search; job development; prelayoff
assistance; relocation
assistance; and programs provided in cooperation with employers or labor
organizations to provide early intervention in the event of plant closings or
substantial layoffs; and entrepreneurial training and business consulting;
(2) support services, including assistance to help the participant relocate to employ existing skills; out-of-area job search assistance; family care assistance, including child care; commuting assistance; emergency housing and rental assistance; counseling assistance, including personal and financial; health care; emergency health assistance; emergency financial assistance; work-related tools and clothing; and other appropriate support services that enable a person to participate in an employment and training program with the goal of reemployment;
(3) specific, short-term training to help the participant enhance current skills in a similar occupation or industry; entrepreneurial training, customized training, or on-the-job training; basic and remedial education to enhance current skills; and literacy and work-related English training for non-English speakers; and
(4) long-term training in a new occupation or industry, including occupational skills training or customized training in an accredited program recognized by one or more relevant industries. Long-term training shall only be provided to dislocated workers whose skills are obsolete and who have no other transferable skills likely to result in employment at a comparable wage rate. Training shall only be provided for occupations or industries with reasonable expectations of job availability based on the service provider's thorough assessment of local labor market information where the individual currently resides or is willing to relocate. This clause shall not restrict training in personal services or other such industries.
Sec. 2. Minnesota Statutes 2012, section 116L.17, is amended by adding a subdivision to read:
Subd. 11. Converting
layoffs into Minnesota businesses (CLIMB).
Converting layoffs into Minnesota businesses (CLIMB) is created
to assist dislocated workers in starting or growing a business. CLIMB must offer entrepreneurial training,
business consulting, and technical assistance to dislocated workers seeking to
start or grow a business. The
commissioner, in cooperation with local workforce councils, must provide the
assistance in this subdivision by:
(1) encouraging closer ties between the
Small Business Development Center network, Small Business Development Center
training providers, and workforce centers, as well as other dislocated worker
program service providers; and
(2) eliminating grantee performance data
disincentives that would otherwise prevent enrollment of dislocated workers in
entrepreneurship-related training.
Sec. 3. Minnesota Statutes 2012, section 268.051, subdivision 5, is amended to read:
Subd. 5. Tax rate for new employers. (a) Each new taxpaying employer that does not qualify for an experience rating under subdivision 3, except new employers in a high experience rating industry, must be assigned, for a calendar year, a tax rate the higher of (1) one percent, or (2) the tax rate computed, to the nearest 1/100 of a percent, by dividing the total amount of unemployment benefits paid all applicants during the 48 calendar months ending on June 30 of the prior calendar year by the total taxable wages of all taxpaying employers during the same period, plus the applicable base tax rate and any additional assessments under subdivision 2, paragraph (c).
(b) Each new taxpaying employer in a high experience rating industry that does not qualify for an experience rating under subdivision 3, must be assigned, for a calendar year, a tax rate the higher of (1) that assigned under paragraph (a), or (2) the tax rate, computed to the nearest 1/100 of a percent, by dividing the total amount of unemployment benefits paid to all applicants from high experience rating industry employers during the 48 calendar months ending on June 30 of the prior calendar year by the total taxable wages of all high experience rating industry employers during the same period, to a maximum provided for under subdivision 3, paragraph (b), plus the applicable base tax rate and any additional assessments under subdivision 2, paragraph (c).
(c) An employer is considered to be in a high experience rating industry if:
(1) the employer is engaged in residential, commercial, or industrial construction, including general contractors;
(2) the employer is engaged in sand, gravel, or limestone mining;
(3) the employer is engaged in the manufacturing of concrete, concrete products, or asphalt; or
(4) the employer is engaged in road building, repair, or resurfacing, including bridge and tunnels and residential and commercial driveways and parking lots.
(d) Regardless of any law to the contrary,
a taxpaying employer must be assigned a tax rate under this subdivision if:
(1) the employer registers for a
tax account under section 268.042 and for each of the five calendar quarters
after registering files a "no wages paid" report on wage detail under
section 268.044; or had no taxable wages during the experience rating
period under subdivision 3.
(2) the employer has filed 14
consecutive quarterly "no wages paid" reports on wage detail under
section 268.044.
(e) The commissioner must send to the new employer, by mail or electronic transmission, a determination of tax rate. An employer may appeal the determination of tax rate in accordance with the procedures in subdivision 6, paragraph (c).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2012, section 268.07, subdivision 3b, is amended to read:
Subd. 3b. Limitations
on applications and benefit accounts. (a)
An application for unemployment benefits is effective the Sunday of the
calendar week that the application was filed.
An application for unemployment benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the
applicant requests the backdating at the time the application is filed. An application may be backdated only if the
applicant had no employment was unemployed during the period of
the backdating. If an individual
attempted to file an application for unemployment benefits, but was prevented
from filing an application by the department, the application is effective the
Sunday of the calendar week the individual first attempted to file an
application.
(b) A benefit account established under subdivision 2 is effective the date the application for unemployment benefits was effective.
(c) A benefit account, once established, may later be withdrawn only if:
(1) the applicant has not been paid any unemployment benefits on that benefit account; and
(2) a new application for unemployment benefits is filed and a new benefit account is established at the time of the withdrawal.
A determination or amended determination of eligibility or ineligibility issued under section 268.101, that was sent before the withdrawal of the benefit account, remains in effect and is not voided by the withdrawal of the benefit account.
(d) An application for unemployment benefits is not allowed before the Sunday following the expiration of the benefit year on a prior benefit account. Except as allowed under paragraph (c), an applicant may establish only one benefit account each 52 calendar weeks.
Sec. 5. [268.133]
UNEMPLOYMENT BENEFITS WHILE IN ENTREPRENEURIAL TRAINING.
Unemployment
benefits are available to dislocated workers participating in the converting
layoffs into Minnesota businesses (CLIMB) program under section 116L.17,
subdivision 11. Applicants participating
in CLIMB are considered in reemployment assistance training under section
268.035, subdivision 21c. All
requirements under section 268.069, subdivision 1, must be met, except the
commissioner may waive:
(1) the earnings deductible provisions
in section 268.085, subdivision 5; and
(2) the 32 hours of work limitation in
section 268.085, subdivision 2, clause (6).
A maximum of 500 applicants may receive a waiver at any given time.
Sec. 6. Minnesota Statutes 2012, section 268.136, subdivision 1, is amended to read:
Subdivision 1. Shared
work agreement plan requirements.
(a) An employer may submit a proposed shared work plan for an
employee group to the commissioner for approval in a manner and format set by
the commissioner. The proposed agreement
shared work plan must include:
(1) a certified statement that the normal weekly hours of work of all of the proposed participating employees were full time or regular part time but are now reduced, or will be reduced, with a corresponding reduction in pay, in order to prevent layoffs;
(2) the name and Social Security number of each participating employee;
(3) the
number of layoffs that would have occurred absent the employer's ability to
participate in a shared work plan;
(4) a certified statement of
when that each participating employee was first hired by the
employer, which must be at least one year before the proposed agreement
shared work plan is submitted and is not a seasonal, temporary, or
intermittent worker;
(4) (5) the hours of work
each participating employee will work each week for the duration of the agreement
shared work plan, which must be at least 20 one-half the
normal weekly hours and but no more than 32 hours per week,
except that the agreement plan may provide for a uniform vacation
shutdown of up to two weeks;
(6) a certified statement that any
health benefits and pension benefits provided by the employer to participating
employees will continue to be provided under the same terms and conditions as
though the participating employees' hours of work each week had not been
reduced;
(7) a certified statement that the
terms and implementation of the shared work plan is consistent with the
employer's obligations under state and federal law;
(8) an acknowledgement that the
employer understands that unemployment benefits paid under a shared work plan
will be used in computing the future tax rate of a taxpaying employer or
charged to the reimbursable account of a nonprofit or government employer;
(5) (9) the proposed
duration of the agreement shared work plan, which must be at
least two months and not more than one year, although an agreement a
plan may be extended for up to an additional year upon approval of the
commissioner;
(6) (10) a starting date
beginning on a Sunday at least 15 calendar days after the date the proposed agreement
shared work plan is submitted; and
(7) (11) a signature of an
owner or officer of the employer who is listed as an owner or officer on the
employer's account under section 268.045.
(b) An agreement may not be approved
for an employer that:
(1) has any unemployment tax or
reimbursements, including any interest, fees, or penalties, due but unpaid; or
(2) has the maximum experience rating
provided for under section 268.051, subdivision 3.
Sec. 7. Minnesota Statutes 2012, section 268.136, subdivision 2, is amended to read:
Subd. 2. Agreement
Approval by commissioner. (a)
The commissioner must promptly review a proposed agreement shared
work plan and notify the employer, by mail or electronic transmission,
within 15 days of receipt, whether the proposal satisfies the requirements of
this section and has been approved.
If the proposal does not comply with this section, the commissioner must
specifically state why the proposal is not in compliance. If a proposed agreement complies with this
section shared work plan has been approved, it must be implemented
according to its terms.
(b) The commissioner may reject an
agreement not approve a proposed shared work plan if the
commissioner has cause to believe the proposal is not was
submitted for the a purpose of other than
preventing layoffs due to lack of work.
(c) The commissioner may not approve a
proposed shared work plan if the employer has any unemployment tax or
reimbursements, including any interest, fees, or penalties, due but unpaid.
(d) A shared work plan that has been
approved by the commissioner is considered a contract that is binding on the
employer and the department. This
contract may be canceled or modified under subdivision 5.
Sec. 8. Minnesota Statutes 2012, section 268.136, is amended by adding a subdivision to read:
Subd. 2a. Notice
to participating employee. The
employer must provide written notification to each participating employee that
the employer has submitted a proposed shared work plan. The notification must be provided to the
employee no later than the time the commissioner notifies the employer that a
proposed shared work plan has been approved.
The notification must inform the employee of the proposed terms of the
shared work plan along with notice to the employee of the employee's right to
apply for unemployment benefits.
Sec. 9. Minnesota Statutes 2012, section 268.136, subdivision 3, is amended to read:
Subd. 3. Applicant
requirements. (a) An applicant, in
order to be paid unemployment benefits under this section, must meet all of the
requirements under section 268.069, subdivision 1. The following provisions of section
268.085 do not apply to an applicant under this section in an
approved shared work plan:
(1) the deductible earnings provision
of section 268.085, under subdivision 5;
(2) the restriction under section
268.085, subdivision 6 2, clause (6), if the applicant works
exactly 32 hours in a week;
(3) the requirement of being available for suitable employment under subdivision 1, clause (4), but only if the applicant is (i) available for the normal hours of work per week with the shared work employer, or (ii) is in a training program when not working; and
(4) the requirement of actively seeking suitable employment under subdivision 1, clause (5).
(b) An applicant is ineligible for
unemployment benefits under this section for any week, if:
(1) the applicant works more than 32
hours in a week in employment with one or more employer; or.
(2) the applicant works more hours in a
week for the shared work employer than the reduced weekly hours provided for in
the agreement.
Sec. 10. Minnesota Statutes 2012, section 268.136, subdivision 4, is amended to read:
Subd. 4. Amount
of unemployment benefits available. (a)
The weekly benefit amount and maximum amount of unemployment benefits available
are computed according to section 268.07, except that an applicant is paid
the amount of benefits available is a reduced amount in direct
proportion to the reduction in hours set out in the shared work plan
from the normal weekly hours.
(b) Regardless of paragraph (a), if the
applicant works more hours in a week for the shared work employer than the
reduced weekly hours provided for in the shared work plan, the amount of
unemployment benefits available is a reduced amount in direct proportion to the
reduction in hours actually worked from the normal weekly hours.
(c) If an applicant works fewer hours in
a week for the shared work employer than set out in the shared work plan, the
amount of unemployment benefits are available in accordance with paragraph (a).
Sec. 11. Minnesota Statutes 2012, section 268.136, subdivision 5, is amended to read:
Subd. 5. Cancellation;
modification. (a) An employer
may cancel an agreement a shared work plan at any time upon seven
calendar days' notice to the commissioner in a manner and format prescribed by
the commissioner. The cancellation must
be signed by an owner or officer of the employer.
(b) An employer may request that the
commissioner allow modification of the shared work plan as to the hours of work
each participating employee will work each week. The request must be sent in a manner and form
prescribed by the commissioner. The
request must be signed by an owner or officer of the employer. The commissioner must notify the employer as
soon as possible if the modification is allowed.
(b) (c) An employer that
cancels an agreement or requests modification of a shared work plan
must provide written notice to each participating employee in the group
of the cancellation or requested modification at the time notice is sent
to the commissioner.
(c) (d) If an employer
cancels an agreement a shared work plan before the expiration
date provided for in subdivision 1, a new agreement shared work plan
may not be entered into with approved for that employer under
this section for at least 60 calendar days.
(d) (e) The commissioner may
immediately cancel any agreement shared work plan if the
commissioner determines the agreement plan was based upon false
information or the employer is in breach has failed to adhere to the
terms of the contract shared work plan. The commissioner must immediately send
written notice of cancellation to the employer.
An employer that receives notice of cancellation by the commissioner
must provide written notice to each participating employer in the group employee
of the cancellation.
Sec. 12. Minnesota Statutes 2012, section 268.199, is amended to read:
268.199
CONTINGENT ACCOUNT.
(a) There is created in the state treasury a
special account, to be known as the contingent account, that does not lapse
nor revert to any other fund or account.
This account consists of all money collected under this chapter that is
required to be placed in this account and any interest earned on the account. All money in this account is appropriated
and available for administration of the Minnesota unemployment insurance
program unless otherwise appropriated by session law. The money deposited in the account is
transferred to the general fund.
(b) All money in this account must be
deposited, administered, and disbursed in the same manner and under the same
conditions and requirements as is provided by law for the other special
accounts in the state treasury.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 13. Minnesota Statutes 2012, section 268.23, is amended to read:
268.23
SEVERABLE.
In the event that If the United
States Department of Labor determines that any provision of the Minnesota
Unemployment Insurance Law, or any other provision of Minnesota Statutes
relating to the unemployment insurance program, is not in conformity with,
or is inconsistent with, the requirements of federal law, the provision has
no force or effect; but.
If only a portion of the provision, or the application to any person or
circumstances, is held determined not in conformity, or
determined inconsistent, the remainder of the provision and the application
of the provision to other persons or circumstances are not affected.
Sec. 14. Laws 2012, chapter 201, article 1, section 3, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective July
1, 2012, except the amendments to paragraph (d) are effective for penalties imposed
credited on or after July 1, 2013.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. UNEMPLOYMENT
INSURANCE EMPLOYER TAX REDUCTION.
(a) Notwithstanding Minnesota Statutes,
section 268.051, subdivision 2, if, on September 30, 2013, the balance in the
Minnesota Unemployment Trust Fund is more than $800,000,000, the base tax rate
for calendar year 2014 is 0.1 percent, and there will be no additional assessment
assigned. If, on September 30, 2014, the
balance in the Minnesota Unemployment Trust Fund is more than $900,000,000, the
base tax rate for calendar year 2015 is 0.1 percent, and there will be no
additional assessment assigned.
(b) This section expires December 31,
2015.
Sec. 16. COMMISSIONER
AUTHORIZED TO REQUEST SHARED WORK FUNDS.
The commissioner of employment and
economic development is authorized to request federal funding for Minnesota's
shared work unemployment benefit program under Minnesota Statutes, section
268.136. Federal funding is available
under the Middle Class Tax Relief and Job Creation Act of 2012, Public Law
112-96. Federal funding provided under
that act for the shared work program must be immediately deposited in the Minnesota
Unemployment Insurance Trust Fund. The
exception under Minnesota Statutes, section 268.047, subdivision 2, clause
(10), does not apply to the federal money.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 5
MISCELLANEOUS
Section 1. Minnesota Statutes 2012, section 154.001, is amended by adding a subdivision to read:
Subd. 4. Comprehensive
examination. "Comprehensive
examination" means all parts of a test administered by the board,
including but not limited to written, oral, and practical components.
Sec. 2. Minnesota Statutes 2012, section 154.003, is amended to read:
154.003
FEES.
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board. The board shall deposit the fees in the general fund in the state treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $85;
(2) retake of written examination,
registered barber, $10;
(2) (3) examination and
certificate, apprentice, $80;
(4) retake of written examination,
apprentice, $10;
(3) (5) examination,
instructor, $180;
(4) (6) certificate,
instructor, $65;
(5) (7) temporary teacher or
apprentice permit, $80;
(6) (8) renewal of license,
registered barber, $80;
(7) (9) renewal of license,
apprentice, $70;
(8) (10) renewal of license,
instructor, $80;
(9) (11) renewal of temporary
teacher permit, $65;
(10) (12) student permit, $45;
(13) renewal of student permit, $25;
(11) (14) initial shop
registration, $85;
(12) (15) initial school
registration, $1,030;
(13) (16) renewal shop
registration, $85;
(14) (17) renewal school
registration, $280;
(15) (18) restoration of registered barber license, $95;
(16) (19) restoration of apprentice
license, $90;
(17) (20) restoration of shop
registration, $105;
(18) (21) change of ownership
or location, $55;
(19) (22) duplicate license,
$40; and
(20) (23) home study course, $95
$75;
(24) letter of license verification,
$25; and
(25) reinspection, $100.
Sec. 3. Minnesota Statutes 2012, section 154.02, is amended to read:
154.02
WHAT CONSTITUTES BARBERING.
Any one or any combination of the following practices when done upon the head and neck for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or without payment for the public generally constitutes the practice of barbering within the meaning of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26: to shave the face or neck, trim the beard, cut or bob the hair of any person of either sex for compensation or other reward received by the person performing such service or any other person; to give facial and scalp massage or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances; to singe, shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils, clays, or lotions to hair, scalp, face, or neck.
Sec. 4. Minnesota Statutes 2012, section 154.05, is amended to read:
154.05
WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED BARBER.
A person is qualified to receive a certificate of registration as a registered barber:
(1) who is qualified under the provisions of section 154.06;
(2) who has practiced as a registered apprentice for a period of 12 months under the immediate personal supervision of a registered barber; and
(3) who has passed an examination conducted by the board to determine fitness to practice barbering.
An apprentice
applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and
who fails to pass a onetime retake of the written examination, shall
continue to practice as an apprentice for an additional two months 300
hours before being again entitled to take eligible to retake
the comprehensive examination for a registered barber as many
times as necessary to pass.
Sec. 5. Minnesota Statutes 2012, section 154.06, is amended to read:
154.06 WHO MAY RECEIVE CERTIFICATES OF
REGISTRATION AS A REGISTERED APPRENTICE.
A person is qualified to receive a certificate of registration as a registered apprentice:
(1) who has completed at least ten grades of an approved school;
(2) who has graduated from a
barber school approved by the a barber board within the
previous four years; and
(3) who has passed an examination
conducted by the board to determine fitness to practice as a registered
apprentice. An applicant who
graduated from a barber school approved by a barber board more than four years
prior to application is required to complete a further course of study of at
least 500 hours.
An applicant for a an initial
certificate of registration to practice as an apprentice, who fails to
pass the comprehensive examination conducted by the board, and who
fails to pass a onetime retake of the written examination, is required to
complete a further course of study of at least 500 hours, of not more than
eight hours in any one working day, in a barber school approved by the board before
being eligible to retake the comprehensive examination as many times as
necessary to pass.
A certificate of registration of an
apprentice shall be valid for four years from the date the certificate of
registration is issued by the board and shall not be renewed for a fifth
year. During the four-year period
the certificate of registration shall remain in full force and effect only if
the apprentice complies with all the provisions of sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, including
the payment of an annual fee, and the rules of the board.
If a registered apprentice, during the term in which the certificate of registration is in effect, enters full-time active duty in the armed forces of the United States of America, the expiration date of the certificate of registration shall be extended by a period of time equal to the period or periods of active duty.
If a registered apprentice graduates
from a barber school approved by the board and is issued a certificate of
registration while incarcerated by the Department of Corrections of the Federal
Bureau of Prisons, the expiration date of the certificate of registration shall
be extended one time so that it expires four years from the date of first
release from a correctional facility.
Sec. 6. Minnesota Statutes 2012, section 154.065, subdivision 2, is amended to read:
Subd. 2. Qualifications. A person is qualified to receive a certificate of registration as an instructor of barbering who:
(1) is a graduate from of an
approved high school, or its equivalent, as determined by examination by the
Department of Education;
(2) has qualified for a teacher's or
instructor's vocational certificate; successfully completed vocational
instructor training from a board-approved program or accredited college or
university program that includes the following courses or their equivalents as
determined by the board:
(i) introduction to career and
technical education training;
(ii) philosophy and practice of career
and technical education;
(iii) course development for career and
technical education;
(iv) instructional methods for career
and technical education; and
(v) human relations;
(3) is currently a registered barber and has at least three years experience as a registered barber in this state, or its equivalent as determined by the board; and
(4) has passed an examination conducted by the board to determine fitness to instruct in barbering.
A certificate of registration under
this section is provisional until a teacher's or instructor's vocational
certificate has been issued by the Department of Education. A provisional certificate of registration is
valid for 30 days and is not renewable.
Sec. 7. Minnesota Statutes 2012, section 154.07, subdivision 1, is amended to read:
Subdivision 1. Admission requirements; course of instruction. No barber school shall be approved by the board unless it requires, as a prerequisite to admission, ten grades of an approved school or its equivalent, as determined by an examination conducted by the commissioner of education, which shall issue a certificate that the student has passed the required examination, and unless it requires, as a prerequisite to graduation, a course of instruction of at least 1,500 hours, of not more than eight hours in any one working day. The course of instruction must include the following subjects: scientific fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of the head, face, and neck; elementary chemistry relating to sterilization and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair; and the chemical waving and straightening of hair.
Sec. 8. Minnesota Statutes 2012, section 154.08, is amended to read:
154.08
APPLICATION; FEE.
Each applicant for an examination shall:
(1) make application to the Board of Barber Examiners on blank forms prepared and furnished by it, the application to contain proof under the applicant's oath of the particular qualifications and identity of the applicant;
(2) furnish to the board two five-inch
x three-inch signed photographs of the applicant, one to accompany the
application and one to be returned to the applicant, to be presented to the
board when the applicant appears for examination provide all documentation
required in support of the application; and
(3) pay to the board the required fee;
and
(4) present a government-issued photo identification as proof of identity upon application and when the applicant appears for examination.
Sec. 9. Minnesota Statutes 2012, section 154.09, is amended to read:
154.09
EXAMINATIONS, CONDUCT AND SCOPE.
The board shall conduct examinations of
applicants for certificates of registration to practice as barbers and
apprentices not more than six times each year, at such time and place as the
board may determine. Additional
written examinations may be scheduled by the board and conducted by board staff
as designated by the board. The
proprietor of a barber school must file an affidavit shall be filed
with the board by the proprietor of a barber school that of hours
completed by students applying to take the apprentice examination have
completed. Students must complete
1,500 hours in a barber school registered with approved by the
board.
The examination of applicants for
certificates of registration as barbers and apprentices shall include both
a practical demonstration and a written and oral test and embrace. The examination must cover the subjects
usually taught in barber schools registered with the board.
Sec. 10. Minnesota Statutes 2012, section 154.10, subdivision 1, is amended to read:
Subdivision 1. Application. Each applicant for an initial certificate of registration shall make application to the board on forms prepared and furnished by the board with proof under oath of the particular qualifications and identity of each applicant. This application shall be accompanied by a fee prescribed by law or the rules of the board to defray the expenses of making investigation and for the examination of such applicant.
Sec. 11. Minnesota Statutes 2012, section 154.11, subdivision 1, is amended to read:
Subdivision 1. Examination
of nonresidents. A person who meets
all of the requirements for barber registration in sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and either
has a license, certificate of registration, or an equivalent as a practicing
barber or instructor of barbering from another state or country which in the
discretion of the board has substantially the same requirements for registering
barbers and instructors of barbering as required by sections 154.001, 154.002,
154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 or can prove
by sworn affidavits practice as a barber or instructor of barbering in another
state or country for at least five years immediately prior to making
application in this state, shall, upon payment of the required fee, be issued a
certificate of registration without examination, provided that the other
state or country grants the same privileges to holders of Minnesota
certificates of registration.
Sec. 12. Minnesota Statutes 2012, section 154.12, is amended to read:
154.12
EXAMINATION OF NONRESIDENT APPRENTICES.
A person who meets all of the requirements
for registration as a barber in sections 154.001, 154.002, 154.003, 154.01 to
154.161, 154.19 to 154.21, and 154.24 to 154.26 and who has a license, a
certificate of registration, or its equivalent as an apprentice in a state or
country which in the discretion of the board has substantially the same
requirements for registration as an apprentice as is provided by sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to
154.26, shall, upon payment of the required fee, be issued a certificate of
registration without examination, provided that the other state or country
grants the same privileges to holders of Minnesota certificates of registration.
Sec. 13. Minnesota Statutes 2012, section 154.14, is amended to read:
154.14
CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS TO BE DISPLAYED.
Every holder of a certificate of
registration as a registered barber or registered apprentice or temporary
apprentice permit shall display it the certificate or permit, with a
photograph of the certificate or permit holder that meets the same standards as
required for a United States passport, in a conspicuous place adjacent to
or near the chair where work is performed.
Every holder of a certificate of registration as an instructor of barbering
or as a barber school, of a temporary permit as an instructor of
barbering, shall display the certificate or permit, with a photograph
of the certificate or permit holder that meets the same standards as required
for a United States passport, in a conspicuous place accessible to the public. Every holder of a certificate of registration
as a barber school and of a shop registration card shall display it in a
conspicuous place accessible to the public.
Sec. 14. Minnesota Statutes 2012, section 154.15, subdivision 2, is amended to read:
Subd. 2. Effect
of failure to renew. A registered
barber or a registered apprentice who has not renewed a certificate of
registration may be reinstated within one year four years of such
failure to renew without examination upon the payment of the required
restoration fee for each year the certificate is lapsed. A registered instructor of barbering who has
not renewed a certificate of registration may be reinstated within three
four years of such failure to renew without examination upon payment of
the required restoration fee for each year the certificate is lapsed.
All registered barbers and
registered apprentices who allow their certificates of registration to lapse
for more than one year four years shall be required to reexamine
before being issued a certificate of registration. All registered instructors of barbering who
allow their certificates of registration to lapse for more than three four
years shall be required to reexamine before being issued a certificate of
registration. A barber shop owner who
has not renewed the barber shop certificate for more than one year may
reinstate the barber shop registration upon payment of the restoration fee for
each year the shop card was lapsed. If
lapsed or unlicensed status is discovered by the barber inspector during
inspection, penalties under section 154.162 shall apply.
Sec. 15. [154.162]
ADMINISTRATIVE PENALTIES.
The board shall impose and collect the
following penalties:
(1) missing or lapsed shop registration
discovered upon inspection; penalty imposed on shop owner: $500;
(2) unlicensed or unregistered
apprentice or registered barber, first occurrence discovered upon inspection;
penalty imposed on shop owner and unlicensed or unregistered individual: $500; and
(3) unlicensed or unregistered
apprentice or registered barber, second occurrence discovered upon inspection;
penalty imposed on shop owner and unlicensed or unregistered individual: $1,000.
Sec. 16. Minnesota Statutes 2012, section 154.26, is amended to read:
154.26
MUNICIPALITIES MAY REGULATE HOURS; REGULATION AUTHORIZED.
The governing body of any city of this state may regulate by ordinance the opening and closing hours of barber shops within its municipal limits in addition to all other applicable local regulations.
Sec. 17. [154.27]
MISREPRESENTATION.
No person shall represent themselves to
the public, solicit business, advertise as a licensed barber or as operating a
licensed barber shop, use the title or designation of barber or barber shop, or
engage in any other act or practice that would create the impression to members
of the public that the person is a licensed barber or is operating a licensed
barber shop unless the person holds the appropriate license under this chapter.
Sec. 18. [154.28]
SYMBOLS; BARBER POLE.
No person shall place a barber pole in
a location that would create or tend to create the impression to the public
that the business is a barber shop unless the operator holds a valid license
under this chapter. For the purposes of
this section, "barber pole" means a red and white or red, white, and
blue striped vertical cylinder commonly recognized as a barber pole.
Sec. 19. Minnesota Statutes 2012, section 155A.23, subdivision 3, is amended to read:
Subd. 3. Cosmetology. "Cosmetology" is the practice
of personal services, for compensation, for the cosmetic care of the hair,
nails, and skin. These services include
cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body
surface in the areas of the head, scalp, face, arms, hands, legs, and
feet, and trunk of the body, except where these services are performed
by a barber under sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19
to 154.21, and 154.24 to 154.26.
Sec. 20. Minnesota Statutes 2012, section 155A.23, subdivision 8, is amended to read:
Subd. 8. Manager. A "manager" is any person who
conducts, operates, or manages a cosmetology school or salon and who also
instructs in or provides any services, as defined in subdivision 3. A school manager must maintain an active
salon manager's license.
Sec. 21. Minnesota Statutes 2012, section 155A.23, subdivision 11, is amended to read:
Subd. 11. Instructor. An "instructor" is any person
employed by a school to prepare and present the theoretical and practical
education of cosmetology to persons who seek to practice cosmetology. An instructor must maintain an active
operator or manager's license in the area in which the instructor holds an
instructor's license.
Sec. 22. Minnesota Statutes 2012, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a. Schedule. The fee schedule for licensees is as
follows for licenses issued after June 30, 2010, and prior to July 1, 2013:
(a) Three-year license fees:
(1) cosmetologist, nail technician manicurist, or esthetician:
(i) $90 for each initial license and a $40 nonrefundable initial license application fee, for a total of $130; and
(ii) $60 for each renewal and a $15 nonrefundable renewal application fee, for a total of $75;
(2) instructor or manager:
(i) $120 for each initial license and a $40 nonrefundable initial license application fee, for a total of $160; and
(ii) $90 for each renewal and a $15 nonrefundable renewal application fee, for a total of $105;
(3) salon:
(i) $130 for each initial license and a $100 nonrefundable initial license application fee, for a total of $230; and
(ii) $100 for each renewal and a $50 nonrefundable renewal application fee, for a total of $150; and
(4) school:
(i)
$1,500 for each initial license and a $1,000 nonrefundable initial license
application fee, for a total of $2,500; and
(ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee, for a total of $2,000.
(b) Penalties:
(1) reinspection fee, variable;
(2) manager and owner with lapsed practitioner found on inspection, $150 each;
(3) lapsed practitioner or instructor
found on inspection, $200;
(4) lapsed salon found on
inspection, $500;
(5) lapsed school found on inspection,
$1,000;
(6) failure to display current license,
$100;
(7) failure to dispose of single-use
equipment, implements, or materials as provided under section 155A.355,
paragraph (a), $500;
(8) use of prohibited razor-type callus
shavers, rasps, or graters under section 155A.355, $500;
(9) performing manicuring or
cosmetology services in esthetician salon, or performing esthetician or
cosmetology services in manicure salon, $500;
(10) owner and manager allowing an
operator to work as an independent contractor, $200;
(11) operator working as an independent
contractor, $100;
(12) refusal or failure to cooperate
with an inspection, $500;
(3) (13) expired cosmetologist, manicurist,
esthetician, manager, school manager, and instructor license, $45; and
(4) (14) expired salon or
school license, $50.
(c) Administrative fees:
(1) certificate of identification, $20;
(2) name change, $20;
(3) letter of license verification, $30;
(4) duplicate license, $20;
(5) processing fee, $10;
(6) special event permit, $75 per year; and
(7) registration of hair braiders, $20 per year.
Sec. 23. Minnesota Statutes 2012, section 155A.25, subdivision 4, is amended to read:
Subd. 4. License expiration date. The board shall, in a manner determined by the board and without the need for rulemaking under chapter 14, phase in changes to initial and renewal license expiration dates so that by January 1, 2014:
(1) individual licenses expire on the last day of the licensee's birth month of the year due; and
(2) salon and school licenses expire on the last day of the month of initial licensure of the year due.
Sec. 24. Minnesota Statutes 2012, section 155A.27, subdivision 4, is amended to read:
Subd. 4. Testing. All theory, practical, and Minnesota law and rule testing must be done by a board-approved provider. Appropriate standardized tests shall be used and shall include subject matter relative to the application of Minnesota law. In every case, the primary consideration shall be to safeguard the health and safety of consumers by determining the competency of the applicants to provide the services indicated.
Sec. 25. Minnesota Statutes 2012, section 155A.27, subdivision 10, is amended to read:
Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, manicurist, or esthetician may be licensed in Minnesota if the individual has completed cosmetology school in a state or country with the same or greater school hour requirements, has an active license in that state or country, and has passed a board-approved theory and practice-based examination, the Minnesota-specific written operator examination for cosmetologist, manicurist, or esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test should be translated into the nonresident's native language within the limits of available resources. Licenses shall not be issued under this subdivision for managers or instructors.
(b) If an individual has less than the
required number of school hours, the individual must have had a current active
license in another state or country for at least three years and have passed a
board-approved theory and practice-based examination, or the Minnesota-specific
written operator examination for cosmetologist, manicurist, or esthetician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into
the nonresident's native language within the limits of available resources. Licenses must not be issued under this
subdivision for managers or instructors.
(c) Applicants claiming training and
experience in a foreign country shall supply official English-language
translations of all required documents from a board-approved source.
Sec. 26. Minnesota Statutes 2012, section 155A.29, subdivision 2, is amended to read:
Subd. 2. Requirements. (a) The conditions and process by which a salon is licensed shall be established by the board by rule. In addition to those requirements, no license shall be issued unless the board first determines that the conditions in clauses (1) to (5) have been satisfied:
(1) compliance with all local and state laws, particularly relating to matters of sanitation, health, and safety;
(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
(3) inspection and licensing prior to
the commencing of business;
(4) (3) if applicable,
evidence of compliance with section 176.182; and
(5) (4) evidence of
continued professional liability insurance coverage of at least $25,000 for
each claim and $50,000 total coverage for each policy year for each operator.
(b) A licensed esthetician or manicurist who complies with the health, safety, sanitation, inspection, and insurance rules promulgated by the board to operate a salon solely for the performance of those personal services defined in section 155A.23, subdivision 5, in the case of an esthetician, or subdivision 7, in the case of a manicurist.
Sec. 27. Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision to read:
Subd. 11. Instruction requirements. (a) Instruction may be offered for no
more than ten hours per day per student.
(b) Instruction must be given
within a licensed school building. Online
instruction is permitted for board-approved theory-based classes. Practice-based classes must not be given online.
Sec. 28. [155A.355]
PROHIBITED USES.
(a) Single-use equipment, implements,
or materials that are made or constructed of paper, wood, or other porous
materials must only be used for one application or client service. Presence of used articles in the work area is
prima facie evidence of reuse. Failure
to dispose of the materials in this paragraph is punishable by penalty under
section 155A.25, subdivision 1a, paragraph (b), clause (7).
(b) Razor-type callus shavers, rasps,
or graters designed and intended to cut growths of skin such as corns and
calluses, including but not limited to credo blades, are prohibited. Presence of these articles in the work area
is prima facie evidence of use and may be punishable by penalty in section
155A.25, subdivision 1a, paragraph (b), clause (8);
(c) Licensees must not use any of the
following substances or products in performing cosmetology services:
(1) methyl methacrylate liquid
monomers, also known as MMA; and
(2) fumigants, including but not
limited to formalin tablets or formalin liquids.
Sec. 29. [179.90]
OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
The commissioner of mediation services
shall establish an Office of Collaboration and Dispute Resolution within the
bureau. The office must:
(1) promote the broad use of community
mediation in the state, ensuring that all areas of the state have access to
services by providing grants to private nonprofits entities certified by the
state court administrator under chapter 494 that assist in resolution of
disputes;
(2) assist state agencies, offices of
the executive, legislative, and judicial branches, and units of local
government in improving collaboration and dispute resolution;
(3) support collaboration and dispute resolution in the public and private sector by providing technical assistance and information on best practices and new developments in dispute resolution options;
(4) educate the public and governmental
entities on dispute resolution options; and
(5) promote and utilize collaborative dispute
resolution models and processes based on documented best practices including,
but not limited to, the Minnesota Solutions model:
(i) establishing criteria and
procedures for identification and assessment of dispute resolution projects;
(ii)
designating projects and appointing impartial convenors by the commissioner or
the commissioner's designee;
(iii) forming multidisciplinary
conflict resolution teams; and
(iv) utilizing collaborative
techniques, processes, and standards through facilitated meetings until
consensus among parties is reached in resolving a dispute.
Sec. 30. [179.91]
GRANTS.
Subdivision 1. Authority. The commissioner of mediation services
shall to the extent funds are appropriated for this purpose, make grants to
private nonprofit community mediation entities certified by the state court
administrator under chapter 494 that assist in resolution of disputes. The commissioner shall establish a grant
review committee to assist in the review of grant applications and the allocation
of grants under this section.
Subd. 2. Eligibility. To be eligible for a grant under this
section, a nonprofit organization must meet the requirements of section 494.05,
subdivision 1, clauses (1), (2), (4), and (5).
Subd. 3. Conditions
and exclusions. A nonprofit
entity receiving a grant must agree to comply with guidelines adopted by the
state court administrator under section 494.015, subdivision 1. Sections 16B.97 and 16B.98 and policies
adopted under those sections apply to grants under this section. The exclusions in section 494.03 apply to
grants under this section.
Subd. 4. Reporting. Grantees must report data required
under chapter 494 to evaluate quality and outcomes.
Sec. 31. Minnesota Statutes 2012, section 326A.04, subdivision 2, is amended to read:
Subd. 2. Timing. (a) Certificates must be initially issued
and renewed for periods of not more than three years annually but
in any event must expire on December 31 in the year prescribed by the board by
rule. Applications for certificates must
be made in the form, and in the case of applications for renewal between the
dates, specified by the board in rule. The
board shall grant or deny an application no later than 90 days after the
application is filed in proper form. If
the applicant seeks the opportunity to show that issuance or renewal of a
certificate was mistakenly denied, or if the board is unable to determine
whether it should be granted or denied, the board may issue to the applicant a
provisional certificate that expires 90 days after its issuance, or when the
board determines whether or not to issue or renew the certificate for which
application was made, whichever occurs first.
(b) Certificate holders who do not provide professional services and do not use the certified public accountant designation in any manner are not required to renew their certificates provided they have notified the board as provided in board rule and comply with the requirements for nonrenewal as specified in board rule.
(c) Applications for renewal of a certificate that are complete and timely filed with the board and are not granted or denied by the board before January 1 are renewed on a provisional basis as of January 1 and for 90 days thereafter, or until the board grants or denies the renewal of the certificate, whichever occurs first, provided the licensee meets the requirements in this chapter and rules adopted by the board.
EFFECTIVE
DATE. This section is
effective for licenses issued or renewed after January 1, 2014.
Sec. 32. Minnesota Statutes 2012, section 326A.04, subdivision 3, is amended to read:
Subd. 3. Residents of other states. (a) With regard to an applicant who must obtain a certificate in this state because the applicant does not qualify under the substantial equivalency standard in section 326A.14, subdivision 1, the board shall issue a certificate to a holder of a certificate, license, or permit issued by another state upon a showing that:
(1) the applicant passed the examination required for issuance of a certificate in this state;
(2) the applicant had four years of
experience of the type described in section 326A.03, subdivision 6, paragraph
(b) , if application is made on or after July 1, 2006, or section 326A.03,
subdivision 8, if application is made before July 1, 2006; or the applicant
meets equivalent requirements prescribed by the board by rule, after passing
the examination upon which the applicant's certificate was based and within the
ten years immediately preceding the application;
(3) if the applicant's certificate, license, or permit was issued more than four years prior to the application for issuance of an initial certificate under this subdivision, that the applicant has fulfilled the requirements of continuing professional education that would have been applicable under subdivision 4; and
(4) the applicant has met the qualifications prescribed by the board by rule.
(b) A certificate holder licensed by another state who establishes a principal place of business in this state shall request the issuance of a certificate from the board prior to establishing the principal place of business. The board shall issue a certificate to the person if the person's individual certified public accountant qualifications, upon verification, are substantially equivalent to the certified public accountant licensure requirements of this chapter or the person meets equivalent requirements as the board prescribes by rule. Residents of this state who provide professional services in this state at an office location in this state shall be considered to have their principal place of business in this state.
Sec. 33. Minnesota Statutes 2012, section 326A.04, subdivision 4, is amended to read:
Subd. 4. Program of learning. (a) Each licensee shall participate in a program of learning designed to maintain professional competency. The program of learning must comply with rules adopted by the board. The board may by rule create an exception to this requirement for licensees who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters. A licensee granted such an exception by the board must place the word "inactive" adjacent to the CPA title on any business card, letterhead, or any other document or device, with the exception of the licensee's certificate on which the CPA title appears.
(b) Licensees holding a certificate
with an active status shall comply with the continuing professional education
requirements in Minnesota Rules, part 1105.3000. Notwithstanding Minnesota Rules, part
1105.3000, effective for licenses renewed or issued on or after January 1,
2014, the continuing professional education credit reporting year ends on
December 31, and credits must be earned by December 31.
Sec. 34. Minnesota Statutes 2012, section 326A.04, subdivision 5, is amended to read:
Subd. 5. Fee. (a) The board shall charge a fee for each application for initial issuance or renewal of a certificate under this section as provided in paragraph (b).
(b) The board shall charge the
following fees:
(1) initial issuance of certificate,
$150;
(2) renewal of certificate with an
active status, $100 per year;
(3) initial CPA firm permits, except
for sole practitioners, $100;
(4)
renewal of CPA firm permits, except for sole practitioners and those firms
specified in clause (17), $35 per year;
(5) initial issuance and renewal of CPA
firm permits for sole practitioners, except for those firms specified in clause
(17), $35 per year;
(6) annual late processing delinquency
fee for permit, certificate, or registration renewal applications not received
prior to expiration date, $50;
(7) copies of records, per
page, 25 cents;
(8) registration of noncertificate
holders, nonlicensees, and nonregistrants in connection with renewal of firm
permits, $45 per year;
(9) applications for reinstatement, $20;
(10) initial registration of a
registered accounting practitioner, $50;
(11) initial registered accounting
practitioner firm permits, $100;
(12) renewal of registered accounting
practitioner firm permits, except for sole practitioners, $100 per year;
(13) renewal of registered accounting
practitioner firm permits for sole practitioners, $35 per year;
(14) CPA examination application, $40;
(15) CPA examination, fee determined by
third-party examination administrator;
(16) renewal of certificates with an
inactive status, $25 per year; and
(17) renewal of CPA firm permits for
firms that have one or more offices located in another state, $68 per year.
Sec. 35. Minnesota Statutes 2012, section 326A.04, subdivision 7, is amended to read:
Subd. 7. Certificates issued by foreign countries. The board shall issue a certificate to a holder of a generally equivalent foreign country designation, provided that:
(1) the foreign authority that granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation;
(2) the foreign designation:
(i) was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended;
(ii) entitles the holder to issue reports upon financial statements; and
(iii) was issued upon the basis of educational, examination, and experience requirements established by the foreign authority or by law; and
(3) the applicant:
(i) received the designation, based on educational and examination standards generally equivalent to those in effect in this state, at the time the foreign designation was granted;
(ii) has, within the ten years immediately
preceding the application, completed an experience requirement that is
generally equivalent to the requirement in section 326A.03, subdivision 6,
paragraph (b), if application is made on or after July 1, 2006, or section
326A.03, subdivision 8, if application is made before July 1, 2006, in the
jurisdiction that granted the foreign designation; completed four years of
professional experience in this state; or met equivalent requirements
prescribed by the board by rule; and
(iii) passed a uniform qualifying examination in national standards and an examination on the laws, regulations, and code of ethical conduct in effect in this state as the board prescribes by rule.
Sec. 36. Minnesota Statutes 2012, section 326A.10, is amended to read:
326A.10
UNLAWFUL ACTS.
(a) Only a licensee and individuals who have been granted practice privileges under section 326A.14 may issue a report on financial statements of any person, firm, organization, or governmental unit that results from providing attest services, or offer to render or render any attest service. Only a certified public accountant, an individual who has been granted practice privileges under section 326A.14, a CPA firm, or, to the extent permitted by board rule, a person registered under section 326A.06, paragraph (b), may issue a report on financial statements of any person, firm, organization, or governmental unit that results from providing compilation services or offer to render or render any compilation service. These restrictions do not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them. Nonlicensees may prepare financial statements and issue nonattest transmittals or information on them which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Nonlicensees registered under section 326A.06, paragraph (b), may, to the extent permitted by board rule, prepare financial statements and issue nonattest transmittals or information on them.
(b) Licensees and individuals who have been granted practice privileges under section 326A.14 performing attest or compilation services must provide those services in accordance with professional standards. To the extent permitted by board rule, registered accounting practitioners performing compilation services must provide those services in accordance with standards specified in board rule.
(c) A person who does not hold a valid certificate issued under section 326A.04 or a practice privilege granted under section 326A.14 shall not use or assume the title "certified public accountant," the abbreviation "CPA," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant.
(d) A firm shall not provide attest services or assume or use the title "certified public accountants," the abbreviation "CPA's," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless (1) the firm has complied with section 326A.05, and (2) ownership of the firm is in accordance with this chapter and rules adopted by the board.
(e) A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use the title "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant," "accounting practitioner," "public accountant," "licensed public accountant," or any other title or designation likely to be confused with the title "certified public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals so designated by the Internal Revenue Service.
(f) Persons registered under section 326A.06, paragraph (b), may use the title "registered accounting practitioner" or the abbreviation "RAP." A person who does not hold a valid registration under section 326A.06, paragraph (b), shall not assume or use such title or abbreviation.
(g) Except to the extent permitted in paragraph (a), nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements. In this regard, the board shall issue by rule safe harbor language that nonlicensees may use in connection with such financial information. A person or firm that does not hold a valid certificate or permit, or a
registration issued under section 326A.04, 326A.05, or 326A.06, paragraph (b), or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "accountant" or "accounting" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate, permit, or registration or has special competence as an accountant. A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "auditor" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate or permit or has special competence as an auditor. However, this paragraph does not prohibit any officer, partner, member, manager, or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds, nor prohibit any act of a public official or employee in the performance of the person's duties as such.
(h) (1) No person holding a certificate or registration or firm holding a permit under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers, or shareholders of the firm, or about any other matter. However, names of one or more former partners, members, managers, or shareholders may be included in the name of a firm or its successor.
(2) A common brand name or network name
part, including common initials, used by a CPA firm in its name, is not
misleading if the firm is a network firm as defined in the American Institute
of Certified Public Accountants (AICPA) Code of Professional Conduct in effect
July 1, 2011, and when offering or rendering services that require independence
under AICPA standards, the firm must comply with the AICPA code's applicable
standards on independence.
(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country, if:
(1) the activities of the person or firm in this state are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement;
(2) the person or firm performs no attest or compilation services and issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this state; and
(3) the person or firm does not use in this state any title or designation other than the one under which the person practices in the foreign country, followed by a translation of the title or designation into English, if it is in a different language, and by the name of the country.
(j) No holder of a certificate issued under section 326A.04 may perform attest services through any business form that does not hold a valid permit issued under section 326A.05.
(k) No individual licensee may issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under section 326A.05, unless the report discloses the name of the business through which the individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as a certified public accountant;
(2) meets the competency requirement provided in applicable standards; and
(3) undergoes no less frequently than once every three years, a peer review conducted in a manner specified by the board in rule, and the review includes verification that the individual has met the competency requirements set out in professional standards for such services.
(l) No person registered under section 326A.06, paragraph (b), may issue a report in standard form upon a compilation of financial information unless the board by rule permits the report and the person:
(1) signs the compilation report identifying the individual as a registered accounting practitioner;