1.1.................... moves to amend H. F. No. 0927 as follows:
1.2Page 3, line 12, after the period, insert "The Plumbing Code shall include the
1.3minimum standards described in sections 326B.43, subdivision 1, and 326B.52,
1.4subdivision 1."
1.5Page 4, delete section 6 and insert:

1.6    "Sec. 6. Minnesota Statutes 2008, section 326B.52, is amended to read:
1.9    Subdivision 1. Rulemaking by commissioner Plumbing Board. The commissioner
1.10Plumbing Board shall, by rule, prescribe minimum standards which shall be uniform, and
1.11which standards shall thereafter be effective for all new water conditioning servicing and
1.12water conditioning installations performed anywhere in the state, including additions,
1.13extensions, alterations, and replacements connected with any water or sewage disposal
1.14system owned or operated by or for any municipality, institution, factory, office building,
1.15hotel, apartment building or any other place of business, regardless of location or the
1.16population of the city, county or town in which located.
1.17    Subd. 2. Inspectors. Except for powers granted to the Plumbing Board, the
1.18commissioner shall administer the provisions of sections 326B.50 to 326B.59 and for such
1.19purposes may employ water conditioning inspectors and other assistants."
1.20Page 4, line 30, strike "water conditioning standards" and insert "rules"
1.21Page 5, delete section 8 and insert:

1.22    "Sec. 8. Minnesota Statutes 2008, section 326B.55, is amended to read:
1.24    Subdivision 1. Licensing in certain cities. In any city or town having a population
1.25of 5,000 or more according to the last federal census, No person shall engage in or work at
1.26the business of water conditioning installation or servicing after January 1, 1970, anywhere
2.1in the state unless (1) at all times an individual licensed as a water conditioning contractor
2.2by the commissioner shall be responsible for the proper water conditioning installation and
2.3servicing work of such person, and (2) all installations, other than exchanges of portable
2.4equipment, are performed by a licensed water conditioning contractor or licensed water
2.5conditioning installer. Any individual not so licensed may perform water conditioning
2.6work that complies with the minimum standard standards prescribed by the commissioner
2.7Plumbing Board on premises or that part of premises owned and occupied by the worker
2.8as a residence, unless otherwise prohibited by a local ordinance.
2.9    Subd. 2. Qualifications for licensing. A water conditioning contractor license shall
2.10be issued only to an individual who has demonstrated skill in planning, superintending,
2.11and servicing water conditioning installations, and has successfully passed the examination
2.12for water conditioning contractors. A water conditioning installer license shall only be
2.13issued to an individual other than a water conditioning contractor who has demonstrated
2.14practical knowledge of water conditioning installation., and has successfully passed
2.15the examination for water conditioning installers. A water conditioning installer must
2.16successfully pass the examination for water conditioning contractors before being licensed
2.17as a water conditioning contractor.
2.18    Subd. 3. Rules Commissioner. The commissioner shall:
2.19    (1) prescribe rules, not inconsistent herewith, for the licensing of water conditioning
2.20contractors and installers;
2.21    (2) license water conditioning contractors and installers; and
2.22    (3) prescribe rules not inconsistent herewith for the examining of water conditioning
2.23contractors and installers prior to first granting a license as a water conditioning contractor
2.24or water conditioning installer; and
2.25    (4) (2) collect an examination fee from each examinee for a license as a water
2.26conditioning contractor and an examination fee from each examinee for a license as
2.27a water conditioning installer in an amount set forth in section 326B.58. A water
2.28conditioning installer must successfully pass the examination for water conditioning
2.29contractors before being licensed as a water conditioning contractor.

2.30    Sec. 9. Minnesota Statutes 2008, section 326B.57, is amended to read:
2.31326B.57 RULES.
2.32    In order to provide effective protection of the public health, the commissioner
2.33Plumbing Board may by rule prescribe limitations on the nature of alteration to, extension
2.34of, or connection with, the said water distribution system initially established by a
2.35licensed plumber which may be performed by a person licensed hereunder, and. The
3.1commissioner may by rule in appropriate instances require filing of plans, blueprints and
3.2specifications prior to commencement of installation. The installation of water heaters
3.3shall not constitute water conditioning installation and consequently such work shall be
3.4accomplished in accordance with the provisions of sections 326B.42 to 326B.49.

3.5    Sec. 10. Minnesota Statutes 2008, section 326B.58, is amended to read:
3.6326B.58 FEES.
3.7    Examination fees for both water conditioning contractors and water conditioning
3.8installers shall be $50 for each examination. Each water conditioning contractor and
3.9installer license shall expire on December 31 of the year for which it was issued. The
3.10license fee for each initial water conditioning contractor's license shall be $70, except that
3.11the license fee shall be $35 if the application is submitted during the last three months
3.12of the calendar year. The license fee for each renewal water conditioning contractor's
3.13license shall be $70. The license fee for each initial water conditioning installer license
3.14shall be $35, except that the license fee shall be $17.50 if the application is submitted
3.15during the last three months of the calendar year. The license fee for each renewal water
3.16conditioning installer license shall be $35. The commissioner Plumbing Board may by
3.17rule prescribe for the expiration and renewal of licenses. Any licensee who does not renew
3.18a license within two years after the license expires is no longer eligible for renewal. Such
3.19an individual must retake and pass the examination before a new license will be issued.
3.20A water conditioning contractor or water conditioning installer who submits a license
3.21renewal application after the time specified in rule but within two years after the license
3.22expired must pay all past due renewal fees plus a late fee of $25."
3.23Page 5, line 20, after the period, insert "In all areas of the state except in cities or
3.24towns with a population of more than 5,000 according to the last federal census, the
3.25provisions of sections 326B.50 to 326B.58 that require licenses to engage in the work
3.26or business of water conditioning installation, and the provisions that provide for the
3.27examination of applicants for such licenses, do not apply to restricted master plumbers
3.28and restricted journeyman plumbers licensed under the provisions of section 326B.475."
3.29Page 5, after line 25, insert:

3.30    "Sec. 13. Minnesota Statutes 2008, section 326B.84, is amended to read:
3.32    In addition to the grounds set forth in section 326B.082, subdivision 11, the
3.33commissioner may deny, suspend, limit, place conditions on, or revoke a license or
3.34certificate of exemption, or may censure the person holding the license or certificate of
3.35exemption, if the applicant, licensee, certificate of exemption holder, qualifying person,
4.1owner, officer, or affiliate of an applicant, licensee, or certificate of exemption holder, or
4.2other agent owner:
4.3    (1) has filed an application for licensure or a certificate of exemption which is
4.4incomplete in any material respect or contains any statement which, in light of the
4.5circumstances under which it is made, is false or misleading with respect to any material
4.7    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
4.8    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
4.9from engaging in or continuing any conduct or practice involving any aspect of the
4.11    (4) has failed to reasonably supervise employees, agents, subcontractors, or
4.12salespersons, or has performed negligently or in breach of contract, so as to cause injury
4.13or harm to the public;
4.14    (5) has violated or failed to comply with any provision of sections 326B.802 to
4.15326B.885 , any rule or order under sections 326B.802 to 326B.885, or any other law, rule,
4.16or order related to the duties and responsibilities entrusted to the commissioner;
4.17    (6) has been convicted of a violation of the State Building Code or has refused to
4.18comply with a notice of violation or stop order issued by a certified building official, or in
4.19local jurisdictions that have not adopted the State Building Code has refused to correct a
4.20violation of the State Building Code when the violation has been documented or a notice
4.21of violation or stop order issued by a certified building official has been received;
4.22    (7) has failed to use the proceeds of any payment made to the licensee for the
4.23construction of, or any improvement to, residential real estate, as defined in section
4.24326B.802, subdivision 13 , for the payment of labor, skill, material, and machinery
4.25contributed to the construction or improvement, knowing that the cost of any labor
4.26performed, or skill, material, or machinery furnished for the improvement remains unpaid;
4.27    (8) has not furnished to the person making payment either a valid lien waiver as to
4.28any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
4.29or a payment bond in the basic amount of the contract price for the improvement
4.30conditioned for the prompt payment to any person or persons entitled to payment;
4.31    (9) has engaged in an act or practice that results in compensation to an aggrieved
4.32owner or lessee from the contractor recovery fund pursuant to section 326B.89, unless:
4.33    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
4.34plus interest at the rate of 12 percent per year; and
4.35    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
4.36$40,000, issued by an insurer authorized to transact business in this state;
5.1    (10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense
5.2of a civil lawsuit or arbitration arising out of their activities as a licensee or certificate
5.3of exemption holder under this chapter;
5.4    (11) has had a judgment entered against them for failure to make payments to
5.5employees, subcontractors, or suppliers, that the licensee has failed to satisfy and all
5.6appeals of the judgment have been exhausted or the period for appeal has expired;
5.7    (12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious
5.8license number or the license number of another, or, if licensed, has knowingly allowed
5.9an unlicensed person to use the licensee's license number for the purpose of fraudulently
5.10obtaining a building permit; or has applied for or obtained a building permit for an
5.11unlicensed person;
5.12    (13) has made use of a forged mechanic's lien waiver under chapter 514;
5.13    (14) has provided false, misleading, or incomplete information to the commissioner
5.14or has refused to allow a reasonable inspection of records or premises;
5.15    (15) has engaged in an act or practice whether or not the act or practice directly
5.16involves the business for which the person is licensed, that demonstrates that the applicant
5.17or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
5.18unqualified to act under the license granted by the commissioner; or
5.19    (16) has failed to comply with requests for information, documents, or other requests
5.20from the department within the time specified in the request or, if no time is specified,
5.21within 30 days of the mailing of the request by the department."
5.22Pages 6 to 7, delete sections 12 and 13 and insert:

5.23    "Sec. 15. [326B.961] TRIENNIAL AUDITS AND TEAM LEADER
5.25    Subdivision 1. Triennial audits; assignment; qualifications. The chief boiler
5.26inspector shall assign a qualified ASME designee or team leader to perform triennial
5.27audits on ASME Code and national board stamp holders at the request of the stamp holder.
5.28The department shall maintain qualifications for ASME designees and national board team
5.29leaders in accordance with ASME and national board requirements.
5.30    Subd. 2. Fees. The fee for performing ASME and national board triennial audits
5.31shall be the hourly rate pursuant to section 326B.986, subdivision 4."
5.32Page 7, line 24, delete "section 326B.43" and insert "sections 326B.43 and 326B.52"
5.33Renumber the sections in sequence and correct the internal references
5.34Amend the title accordingly