Bill Text: MN HF729 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus jobs, economic development, housing, commerce, and energy bill.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-23 - Secretary of State Chapter 85 [HF729 Detail]

Download: Minnesota-2013-HF729-Engrossed.html

1.1A bill for an act
1.2relating to state government; appropriating money for jobs and economic
1.3development, commerce and consumer protection, and housing; making
1.4changes to labor and industry provisions; modifying and providing for
1.5certain fees; modifying employment, economic development, and workforce
1.6development provisions; making unemployment insurance changes; reducing
1.7the unemployment insurance tax; establishing notice for contracts for deed
1.8involving residential property; providing remedies; establishing the Office of
1.9Broadband Development in the Department of Commerce and assigning it duties;
1.10requiring the Department of Transportation to post a database on its Web site;
1.11appropriating money to various boards, departments, and the Housing Finance
1.12Agency; requiring reports;amending Minnesota Statutes 2012, sections 60A.14,
1.13subdivision 1; 116J.70, subdivision 2a; 116J.8731, subdivisions 2, 3, 8, 9;
1.14116L.17, subdivision 4, by adding a subdivision; 116U.26; 136F.37; 154.001, by
1.15adding a subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2;
1.16154.07, subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision
1.171; 154.12; 154.14; 154.15, subdivision 2; 154.26; 155A.23, subdivisions 3, 8, 11;
1.18155A.25, subdivisions 1a, 4; 155A.27, subdivisions 4, 10; 155A.29, subdivision
1.192; 155A.30, by adding a subdivision; 177.27, subdivision 4; 237.012, subdivision
1.203; 239.101, subdivision 3; 245.4712, subdivision 1; 268.051, subdivision 5;
1.21268.07, subdivision 3b; 268.125, subdivisions 1, 3, 4, 5; 268.136, subdivisions
1.221, 2, 3, 4, 5, by adding a subdivision; 268.199; 268.23; 268A.13; 268A.14,
1.23subdivision 1; 326.02, subdivision 5; 326A.04, subdivisions 2, 3, 5, 7; 326A.10;
1.24326B.081, subdivision 3; 326B.082, subdivision 11; 326B.093, subdivision 4;
1.25326B.101; 326B.103, subdivision 11; 326B.121, subdivision 1; 326B.163, by
1.26adding subdivisions; 326B.184, subdivisions 1, 2, by adding a subdivision;
1.27326B.187; 326B.31, by adding a subdivision; 326B.33, subdivisions 19, 21;
1.28326B.36, subdivision 7; 326B.37, by adding a subdivision; 326B.43, subdivision
1.292; 326B.49, subdivisions 2, 3; 326B.89, subdivision 1; 327B.04, subdivision
1.304; 341.21, subdivision 3a; 341.221; 341.27; 341.29; 341.30, subdivision 4;
1.31341.32, subdivision 2; 341.321; 507.235, subdivision 2; 559.211, subdivision
1.322; Laws 2011, First Special Session chapter 2, article 2, section 3, subdivision
1.334; Laws 2012, chapter 201, article 1, section 3; proposing coding for new law
1.34in Minnesota Statutes, chapters 116J; 116L; 154; 155A; 161; 179; 237; 268;
1.35326B; 383D; 559; proposing coding for new law as Minnesota Statutes, chapter
1.3680G; repealing Minnesota Statutes 2012, sections 116W.01; 116W.02; 116W.03;
1.37116W.035; 116W.04; 116W.05; 116W.06; 116W.20; 116W.21; 116W.23;
1.38116W.24; 116W.25; 116W.26; 116W.27; 116W.28; 116W.29; 116W.30; 116W.31;
1.39116W.32; 116W.33; 116W.34; 155A.25, subdivision 1; 326A.03, subdivisions
2.12, 5, 8; 326B.31, subdivisions 18, 19, 22; 326B.978, subdivision 4; 507.235,
2.2subdivision 4; Minnesota Rules, parts 1105.0600; 1105.2550; 1105.2700;
2.31307.0032; 3800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.
2.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.5ARTICLE 1
2.6APPROPRIATIONS

2.7
Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
2.8    The amounts shown in this section summarize direct appropriations, by fund, made
2.9in this article.
2.10
2014
2015
Total
2.11
General
$
81,899,000
$
75,301,000
$
157,200,000
2.12
Workforce Development
17,476,000
17,476,000
34,952,000
2.13
Remediation
700,000
700,000
1,400,000
2.14
Workers' Compensation
22,784,000
22,574,000
45,358,000
2.15
Total
$
122,859,000
$
116,051,000
$
238,910,000

2.16
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
2.17    The sums shown in the columns marked "Appropriations" are appropriated to the
2.18agencies and for the purposes specified in this article. The appropriations are from the
2.19general fund, or another named fund, and are available for the fiscal years indicated
2.20for each purpose. The figures "2014" and "2015" used in this article mean that the
2.21appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.22June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.23year 2015. "The biennium" is fiscal years 2014 and 2015.
2.24
APPROPRIATIONS
2.25
Available for the Year
2.26
Ending June 30
2.27
2014
2015

2.28
2.29
Sec. 3. DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
2.30
Subdivision 1.Total Appropriation
$
91,788,000
$
86,255,000
2.31
Appropriations by Fund
2.32
2014
2015
2.33
General
74,641,000
69,108,000
2.34
Remediation
700,000
700,000
2.35
2.36
Workforce
Development
16,447,000
16,447,000
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.4
3.5
Subd. 2.Business and Community
Development
40,590,000
35,610,000
3.6
Appropriations by Fund
3.7
General
39,890,000
34,910,000
3.8
Remediation
700,000
700,000
3.9(a)(1) $10,000,000 each year is for
3.10the Minnesota investment fund under
3.11Minnesota Statutes, section 116J.8731.
3.12This appropriation is available until spent.
3.13The base funding for this appropriation is
3.14$13,750,000 each year in the fiscal year
3.152016-2017 biennium.
3.16(2) Of the amount available under clause
3.17(1), up to $3,000,000 in fiscal year 2014
3.18is for a loan to facilitate initial investment
3.19in the purchase and operation of a
3.20biopharmaceutical manufacturing facility.
3.21This loan is not subject to the loan limitations
3.22under Minnesota Statutes, section 116J.8731,
3.23and shall be forgiven by the commissioner
3.24of employment and economic development
3.25upon verification of meeting performance
3.26goals. Purchases related to and for the
3.27purposes of this loan award must be made
3.28between January 1, 2013, and June 30, 2015.
3.29The amount under this clause is available
3.30until expended.
3.31(3) Of the amount available under clause (1),
3.32up to $2,000,000 is available for subsequent
3.33investment in the biopharmaceutical facility
3.34project in clause (2). The amount under this
3.35clause is available until expended. Loan
3.36thresholds under clause (2) must be achieved
4.1and maintained to receive funding. Loans
4.2are not subject to the loan limitations under
4.3Minnesota Statutes, section 116J.8731, and
4.4shall be forgiven by the commissioner of
4.5employment and economic development
4.6upon verification of meeting performance
4.7goals. Purchases related to and for the
4.8purposes of loan awards must be made during
4.9the biennium the loan was received.
4.10(4) Notwithstanding any law to the contrary,
4.11the biopharmaceutical manufacturing facility
4.12in this paragraph shall be deemed eligible
4.13for the Minnesota job creation fund under
4.14Minnesota Statutes, section 116J.8748.
4.15(5) For purposes of clauses (1) to (4),
4.16"biopharmaceutical" and "biologics" are
4.17interchangeable and mean medical drugs
4.18or medicinal preparations produced using
4.19technology that uses biological systems,
4.20living organisms, or derivatives of living
4.21organisms, to make or modify products or
4.22processes for specific use. The medical drugs
4.23or medicinal preparations include but are not
4.24limited to proteins, antibodies, nucleic acids,
4.25and vaccines.
4.26(b) $6,000,000 the first year and $12,500,000
4.27the second year are for the Minnesota job
4.28creation fund under Minnesota Statutes,
4.29section 116J.8748. Of this amount, the
4.30commissioner of employment and economic
4.31development may use up to three percent for
4.32administrative expenses. This appropriation
4.33is available until spent.
4.34(c) $1,272,000 the first year and $1,272,000
4.35the second year are from the general fund for
5.1contaminated site cleanup and development
5.2grants under Minnesota Statutes, sections
5.3116J.551 to 116J.558.
5.4(d) $700,000 the first year and $700,000 the
5.5second year are from the remediation fund for
5.6contaminated site cleanup and development
5.7grants under Minnesota Statutes, sections
5.8116J.551 to 116J.558. This appropriation is
5.9available until expended.
5.10(e) $1,425,000 the first year and $1,425,000
5.11the second year are from the general fund for
5.12the business development competitive grant
5.13program. Of this amount, up to five percent
5.14is for administration and monitoring of the
5.15business development competitive grant
5.16program. All grant awards shall be for two
5.17consecutive years. Grants shall be awarded
5.18in the first year.
5.19(f) $5,320,000 each year is from the general
5.20fund for the Minnesota job skills partnership
5.21program under Minnesota Statutes, sections
5.22116L.01 to 116L.17. If the appropriation for
5.23either year is insufficient, the appropriation
5.24for the other year is available. This
5.25appropriation is available until spent.
5.26The general fund base for this program
5.27is $4,195,000 each year in the fiscal year
5.282016-2017 biennium.
5.29(g) $9,580,000 the first year is from the
5.30general fund for grants under Minnesota
5.31Statutes, section 116J.571, for the
5.32redevelopment program. This is a onetime
5.33appropriation and is available until spent.
5.34(h) $1,900,000 the first year is from the
5.35general fund for a onetime grant to the
6.1Minnesota Film and TV Board for the film
6.2production jobs program under Minnesota
6.3Statutes, section 116U.26. This appropriation
6.4is available until expended.
6.5(i) $375,000 each year is from the general
6.6fund for a grant to Enterprise Minnesota, Inc.,
6.7for the small business growth acceleration
6.8program under Minnesota Statutes, section
6.9116O.115. This is a onetime appropriation.
6.10(j) $200,000 each year is from the general
6.11fund for a grant to develop and implement
6.12a southern and southwestern Minnesota
6.13initiative foundation collaborative pilot
6.14project. Funds available under this paragraph
6.15must be used to support and develop
6.16entrepreneurs in diverse populations in
6.17southern and southwestern Minnesota. This
6.18is a onetime appropriation and is available
6.19until expended.
6.20(k) $100,000 each year is from the general
6.21fund for the Center for Rural Policy
6.22and Development. This is a onetime
6.23appropriation.
6.24
Subd. 3.Workforce Development
14,726,000
14,108,000
6.25
Appropriations by Fund
6.26
General
5,134,000
4,516,000
6.27
6.28
Workforce
Development
9,592,000
9,592,000
6.29(a) $1,039,000 each year from the general
6.30fund and $2,244,000 each year from the
6.31workforce development fund are for the adult
6.32workforce development competitive grant
6.33program. Of this amount, up to five percent
6.34is for administration and monitoring of the
6.35adult workforce development competitive
7.1grant program. All grant awards shall be
7.2for two consecutive years. Grants shall be
7.3awarded in the first year.
7.4(b) $3,500,000 each year is from the
7.5workforce development fund for the
7.6Minnesota youth program under Minnesota
7.7Statutes, sections 116L.56 and 116L.561.
7.8(c) $1,000,000 each year is from the
7.9workforce development fund for the
7.10youthbuild program under Minnesota
7.11Statutes, sections 116L.361 to 116L.366.
7.12(d) $570,000 each year is from the general
7.13fund and $2,848,000 each year is from the
7.14workforce development fund for the youth
7.15workforce development competitive grant
7.16program. Of this amount, up to five percent
7.17is for administration and monitoring of the
7.18youth workforce development competitive
7.19grant program. All grant awards shall be
7.20for two consecutive years. Grants shall be
7.21awarded in the first year.
7.22(e) $2,500,000 each year is from the
7.23general fund for a grant to the Minnesota
7.24FastTRAC program. Up to ten percent
7.25of this appropriation may be used to
7.26provide leadership, oversight, and technical
7.27assistance services. The base funding for this
7.28program shall be $2,225,000 each year in the
7.29fiscal year 2016-2017 biennium.
7.30(f) $507,000 the first year and $407,000 the
7.31second year are from the general fund for a
7.32grant to the Minnesota High Tech Association
7.33to support SciTechsperience, a program that
7.34supports science, technology, engineering,
7.35and math (STEM) internship opportunities
8.1for two- and four-year college and university
8.2students in their field of study. The internship
8.3opportunities must match students with
8.4paid internships within STEM disciplines
8.5at small, for-profit companies located in the
8.6seven-county metropolitan area, with fewer
8.7than 150 total employees, or at small or
8.8medium, for-profit companies located outside
8.9of the seven-county metropolitan area, with
8.10fewer than 250 total employees. At least 125
8.11students must be matched in the first year
8.12and at least 175 students must be matched in
8.13the second year. Selected hiring companies
8.14shall receive from the grant 50 percent of the
8.15wages paid to the intern, capped at $2,500
8.16per intern. Of this appropriation, at least 50
8.17percent of the student interns must be women
8.18or other underserved populations. This is a
8.19onetime appropriation and is available until
8.20expended.
8.21(g) $450,000 the first year is from the general
8.22fund for the foreign-trained health care
8.23professionals grant program modeled after
8.24the pilot program conducted under Laws
8.252006, chapter 282, article 11, section 2,
8.26subdivision 12, to encourage state licensure
8.27of foreign-trained health care professionals,
8.28including: physicians, with preference given
8.29to primary care physicians who commit
8.30to practicing for at least five years after
8.31licensure in underserved areas of the state;
8.32nurses; dentists; pharmacists; mental health
8.33professionals; and other allied health care
8.34professionals. The commissioner must
8.35collaborate with health-related licensing
8.36boards and Minnesota workforce centers to
9.1award grants to foreign-trained health care
9.2professionals sufficient to cover the actual
9.3costs of taking a course to prepare health
9.4care professionals for required licensing
9.5examinations and the fee for the state
9.6licensing examinations. When awarding
9.7grants, the commissioner must consider the
9.8following factors:
9.9(1) whether the recipient's training involves
9.10a medical specialty that is in high demand in
9.11one or more communities in the state;
9.12(2) whether the recipient commits to
9.13practicing in a designated rural area or an
9.14underserved urban community, as defined in
9.15Minnesota Statutes, section 144.1501;
9.16(3) whether the recipient's language skills
9.17provide an opportunity for needed health care
9.18access for underserved Minnesotans; and
9.19(4) any additional criteria established
9.20by the commissioner. This is a onetime
9.21appropriation and is available until expended.
9.22(h) $68,000 the first year from the general
9.23fund is for a grant to Olmsted County for
9.24employment supports and independent
9.25living services to county residents diagnosed
9.26with high-functioning autism, Asperger's
9.27syndrome, nonverbal learning disorders,
9.28and pervasive development disorder, not
9.29otherwise specified, and for education,
9.30outreach, and support services to area
9.31employers to encourage the hiring and
9.32promotion of workers with high-functioning
9.33autism, Asperger's syndrome, nonverbal
9.34learning disorders, and pervasive
9.35development disorder, not otherwise
10.1specified. This is a onetime appropriation
10.2and is available until expended.
10.3
Subd. 4.General Support Services
1,509,000
1,604,000
10.4(a) $150,000 each year is from the general
10.5fund for the cost-of-living study required
10.6under Minnesota Statutes, section 116J.013.
10.7(b) $250,000 each year is from the general
10.8fund for the publication, dissemination,
10.9and use of labor market information under
10.10Minnesota Statutes, section 116J.4011.
10.11
Subd. 5.Minnesota Trade Office
2,322,000
2,292,000
10.12(a) $330,000 in fiscal year 2014 and $300,000
10.13in fiscal year 2015 are for the STEP grants
10.14in Minnesota Statutes, section 116J.979. Of
10.15the fiscal year 2014 appropriation, $30,000
10.16is for establishing trade and export relations
10.17between the state of Minnesota and east
10.18African nations.
10.19(b) $180,000 in fiscal year 2014 and
10.20$180,000 in fiscal year 2015 are for the Invest
10.21Minnesota marketing initiative in Minnesota
10.22Statutes, section 116J.9801. Notwithstanding
10.23any other law, this provision does not expire.
10.24(c) $270,000 each year is from the general
10.25fund for the expansion of Minnesota Trade
10.26Offices under Minnesota Statutes, section
10.27116J.978.
10.28(d) $50,000 each year is from the general
10.29fund for the trade policy advisory group
10.30under Minnesota Statutes, section 116J.9661.
10.31(e) The commissioner of employment and
10.32economic development, in consultation
10.33with the commissioner of agriculture, shall
11.1identify and increase export opportunities for
11.2Minnesota agricultural products.
11.3
Subd. 6.Vocational Rehabilitation
26,716,000
26,716,000
11.4
Appropriations by Fund
11.5
General
19,861,000
19,861,000
11.6
11.7
Workforce
Development
6,855,000
6,855,000
11.8(a) $10,800,000 each year is from the general
11.9fund for the state's vocational rehabilitation
11.10program under Minnesota Statutes, chapter
11.11268A.
11.12(b) $2,261,000 each year is from the general
11.13fund for grants to centers for independent
11.14living under Minnesota Statutes, section
11.15268A.11.
11.16(c) $5,245,000 each year from the general
11.17fund and $6,830,000 each year from the
11.18workforce development fund are for extended
11.19employment services for persons with severe
11.20disabilities under Minnesota Statutes, section
11.21268A.15.
11.22(d) $1,555,000 each year is from the general
11.23fund for grants to programs that provide
11.24employment support services to persons with
11.25mental illness under Minnesota Statutes,
11.26sections 268A.13 and 268A.14.
11.27(e) $25,000 each year is from the workforce
11.28development fund for grants to programs
11.29that provide employment support services to
11.30persons with mental illness under Minnesota
11.31Statutes, sections 268A.13 and 268A.14.
11.32At least 50 percent of the funding must be
11.33used for projects that use the evidence-based
11.34practice of individual placement and
11.35supports. Grants may be used for special
12.1projects for young people with mental
12.2illness transitioning from school to work or
12.3experiencing a first psychotic episode.
12.4
Subd. 7.Services for the Blind
5,925,000
5,925,000
12.5
Subd. 8.Competitive grant limitations.
12.6An organization that receives a direct
12.7appropriation under this section is not eligible
12.8to participate in competitive grant programs
12.9under this section during the fiscal years in
12.10which the direct appropriations are received.

12.11
12.12
Sec. 4. DEPARTMENT OF LABOR AND
INDUSTRY
12.13
Subdivision 1.Total Appropriation
$
23,859,000
$
22,948,000
12.14
Appropriations by Fund
12.15
2014
2015
12.16
General
1,959,000
1,048,000
12.17
12.18
Workers'
Compensation
20,871,000
20,871,000
12.19
12.20
Workforce
Development
1,029,000
1,029,000
12.21The amounts that may be spent for each
12.22purpose are specified in the following
12.23subdivisions.
12.24
Subd. 2.Workers' Compensation
10,678,000
10,678,000
12.25This appropriation is from the workers'
12.26compensation fund.
12.27$200,000 each year is for grants to the
12.28Vinland Center for rehabilitation services.
12.29Grants shall be distributed as the department
12.30refers injured workers to the Vinland Center
12.31for rehabilitation services.
12.32
Subd. 3.Labor Standards and Apprenticeship
2,988,000
2,077,000
13.1
Appropriations by Fund
13.2
General
1,959,000
1,048,000
13.3
13.4
Workforce
Development
1,029,000
1,029,000
13.5(a) $816,000 each year is from the
13.6general fund for the labor standards and
13.7apprenticeship program.
13.8(b) $150,000 each year is from the general
13.9fund for a child labor initiative for expanding
13.10education and outreach to high schools and
13.11targeted industries to ensure minors entering
13.12the workforce are safe.
13.13(c) $879,000 each year is appropriated from
13.14the workforce development fund for the
13.15apprenticeship program under Minnesota
13.16Statutes, chapter 178, and includes $100,000
13.17for labor education and advancement
13.18program grants and to expand and promote
13.19registered apprenticeship training in
13.20nonconstruction trade programs.
13.21(d) $150,000 each year is appropriated
13.22from the workforce development fund for
13.23prevailing wage enforcement.
13.24(e) $70,000 in the second year is from
13.25the general fund for implementing and
13.26administering a minimum wage inflation
13.27adjustment. This appropriation is available
13.28only if a law is enacted in 2013 that includes
13.29an automatic inflation adjustment to the state
13.30minimum wage. The availability of this
13.31appropriation is effective in the same fiscal
13.32year that the inflation adjustment is first
13.33effective.
13.34(f) $987,000 in fiscal year 2014 is
13.35appropriated from the general fund to the
14.1commissioner of labor and industry for
14.2the purposes of the job-based education
14.3and apprenticeship program (JEAP) for
14.4manufacturing industries under article 2.
14.5This appropriation is available until spent.
14.6Of this appropriation:
14.7(1) $330,000 is for the commissioner of labor
14.8and industry to implement JEAP; and
14.9(2) $657,000 is for transfer to the Board of
14.10Trustees of the Minnesota State Colleges
14.11and Universities for grants to administer the
14.12JEAP related instruction component, to be
14.13dispersed as follows:
14.14(i) $187,000 is for Alexandria Technical and
14.15Community College's Customized Training
14.16Center;
14.17(ii) $380,000 is for Century College;
14.18(iii) $45,000 is for Hennepin Technical
14.19College; and
14.20(iv) $45,000 is for Central Lakes College.
14.21
Subd. 4.Workplace Safety
4,154,000
4,154,000
14.22This appropriation is from the workers'
14.23compensation fund.
14.24
Subd. 5.General Support
6,039,000
6,039,000
14.25This appropriation is from the workers'
14.26compensation fund.

14.27
14.28
Sec. 5. BUREAU OF MEDIATION
SERVICES
$
2,140,000
$
2,056,000
14.29(a) $68,000 each year is for grants to area
14.30labor management committees. Grants may
14.31be awarded for a 12-month period beginning
14.32July 1 each year. Any unencumbered balance
15.1remaining at the end of the first year does not
15.2cancel but is available for the second year.
15.3(b) $100,000 in fiscal year 2014 is
15.4appropriated from the general fund to the
15.5Bureau of Mediation Services for transfer
15.6to the Office of Enterprise Technology to
15.7develop a new business management system
15.8for case and document management. This is
15.9a onetime appropriation and is available for
15.10spending until June 30, 2015. Any ongoing
15.11information technology support or costs for
15.12this application will be incorporated into the
15.13service level agreement and will be paid to
15.14the Office of Enterprise Technology by the
15.15Bureau of Mediation Services under the rates
15.16and mechanism specified in that agreement.
15.17(c) $256,000 each year is from the general
15.18fund for the Office of Collaboration and
15.19Dispute Resolution under Minnesota
15.20Statutes, section 179.90. Of this amount,
15.21$160,000 each year is for grants under
15.22Minnesota Statutes, section 179.91, and
15.23$96,000 each year is for intergovernmental
15.24and public policy collaboration and operation
15.25of the office.
15.26(d) The bureau's general fund base
15.27is $2,085,000 in fiscal year 2016 and
15.28$2,089,000 in fiscal year 2017.

15.29
Sec. 6. BOARD OF ACCOUNTANCY
$
708,000
$
624,000

15.30
15.31
15.32
15.33
Sec. 7. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
$
778,000
$
783,000

15.34
15.35
Sec. 8. BOARD OF COSMETOLOGIST
EXAMINERS
$
1,354,000
$
1,361,000

16.1
Sec. 9. BOARD OF BARBER EXAMINERS
$
319,000
$
321,000

16.2
16.3
Sec. 10. WORKERS' COMPENSATION
COURT OF APPEALS
$
1,913,000
$
1,703,000
16.4This appropriation is from the workers'
16.5compensation fund.
16.6Of this appropriation, $210,000 in the first
16.7year is onetime and is available for spending
16.8until June 30, 2015. $110,000 in fiscal
16.9year 2014 is for a onetime transfer to the
16.10Office of Enterprise Technology to develop
16.11a paperless case management system and
16.12to ensure that services and hardware are
16.13accessible and compatible with systems with
16.14which the Workers' Compensation Court
16.15of Appeals must interact. Any ongoing
16.16information technology support or costs for
16.17this application will be incorporated into the
16.18service level agreement and will be paid to
16.19the Office of Enterprise Technology by the
16.20Workers' Compensation Court of Appeals
16.21under the rates and mechanism specified in
16.22that agreement.

16.23    Sec. 11. CANCELLATION.
16.24Of the appropriation to the commissioner of the department of employment and
16.25economic development for the Minnesota Investment Fund in Laws 2012, First Special
16.26Session chapter 1, article 1, section 5, $7,000,000 is canceled to the general fund.

16.27ARTICLE 2
16.28LABOR AND INDUSTRY

16.29    Section 1. Minnesota Statutes 2012, section 116J.70, subdivision 2a, is amended to read:
16.30    Subd. 2a. License; exceptions. "Business license" or "license" does not include
16.31the following:
17.1(1) any occupational license or registration issued by a licensing board listed in
17.2section 214.01 or any occupational registration issued by the commissioner of health
17.3pursuant to section 214.13;
17.4(2) any license issued by a county, home rule charter city, statutory city, township, or
17.5other political subdivision;
17.6(3) any license required to practice the following occupation regulated by the
17.7following sections:
17.8(i) abstracters regulated pursuant to chapter 386;
17.9(ii) accountants regulated pursuant to chapter 326A;
17.10(iii) adjusters regulated pursuant to chapter 72B;
17.11(iv) architects regulated pursuant to chapter 326;
17.12(v) assessors regulated pursuant to chapter 270;
17.13(vi) athletic trainers regulated pursuant to chapter 148;
17.14(vii) attorneys regulated pursuant to chapter 481;
17.15(viii) auctioneers regulated pursuant to chapter 330;
17.16(ix) barbers and cosmetologists regulated pursuant to chapter 154;
17.17(x) boiler operators regulated pursuant to chapter 183 326B;
17.18(xi) chiropractors regulated pursuant to chapter 148;
17.19(xii) collection agencies regulated pursuant to chapter 332;
17.20(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
17.21to chapter 150A;
17.22(xiv) detectives regulated pursuant to chapter 326;
17.23(xv) electricians regulated pursuant to chapter 326 326B;
17.24(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
17.25(xvii) engineers regulated pursuant to chapter 326;
17.26(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
17.27(xix) certified interior designers regulated pursuant to chapter 326;
17.28(xx) midwives regulated pursuant to chapter 147D;
17.29(xxi) nursing home administrators regulated pursuant to chapter 144A;
17.30(xxii) optometrists regulated pursuant to chapter 148;
17.31(xxiii) osteopathic physicians regulated pursuant to chapter 147;
17.32(xxiv) pharmacists regulated pursuant to chapter 151;
17.33(xxv) physical therapists regulated pursuant to chapter 148;
17.34(xxvi) physician assistants regulated pursuant to chapter 147A;
17.35(xxvii) physicians and surgeons regulated pursuant to chapter 147;
17.36(xxviii) plumbers regulated pursuant to chapter 326 326B;
18.1(xxix) podiatrists regulated pursuant to chapter 153;
18.2(xxx) practical nurses regulated pursuant to chapter 148;
18.3(xxxi) professional fund-raisers regulated pursuant to chapter 309;
18.4(xxxii) psychologists regulated pursuant to chapter 148;
18.5(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
18.682 and 83;
18.7(xxxiv) registered nurses regulated pursuant to chapter 148;
18.8(xxxv) securities brokers, dealers, agents, and investment advisers regulated
18.9pursuant to chapter 80A;
18.10(xxxvi) steamfitters regulated pursuant to chapter 326 326B;
18.11(xxxvii) teachers and supervisory and support personnel regulated pursuant to
18.12chapter 125;
18.13(xxxviii) veterinarians regulated pursuant to chapter 156;
18.14(xxxix) water conditioning contractors and installers regulated pursuant to chapter
18.15326 326B;
18.16(xl) water well contractors regulated pursuant to chapter 103I;
18.17(xli) water and waste treatment operators regulated pursuant to chapter 115;
18.18(xlii) motor carriers regulated pursuant to chapter 221;
18.19(xliii) professional firms regulated under chapter 319B;
18.20(xliv) real estate appraisers regulated pursuant to chapter 82B;
18.21(xlv) residential building contractors, residential remodelers, residential roofers,
18.22manufactured home installers, and specialty contractors regulated pursuant to chapter
18.23326 326B;
18.24(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
18.25(4) any driver's license required pursuant to chapter 171;
18.26(5) any aircraft license required pursuant to chapter 360;
18.27(6) any watercraft license required pursuant to chapter 86B;
18.28(7) any license, permit, registration, certification, or other approval pertaining to a
18.29regulatory or management program related to the protection, conservation, or use of or
18.30interference with the resources of land, air, or water, which is required to be obtained
18.31from a state agency or instrumentality; and
18.32(8) any pollution control rule or standard established by the Pollution Control
18.33Agency or any health rule or standard established by the commissioner of health or any
18.34licensing rule or standard established by the commissioner of human services.

18.35    Sec. 2. Minnesota Statutes 2012, section 177.27, subdivision 4, is amended to read:
19.1    Subd. 4. Compliance orders. The commissioner may issue an order requiring
19.2an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031,
19.3181.032 , 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.275, subdivision
19.42a
, 181.722, and 181.79, or with any rule promulgated under section 177.28. The
19.5commissioner shall issue an order requiring an employer to comply with sections 177.41
19.6to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation
19.7is repeated if at any time during the two years that preceded the date of violation, the
19.8commissioner issued an order to the employer for violation of sections 177.41 to 177.435
19.9and the order is final or the commissioner and the employer have entered into a settlement
19.10agreement that required the employer to pay back wages that were required by sections
19.11177.41 to 177.435. The department shall serve the order upon the employer or the
19.12employer's authorized representative in person or by certified mail at the employer's place
19.13of business. An employer who wishes to contest the order must file written notice of
19.14objection to the order with the commissioner within 15 calendar days after being served
19.15with the order. A contested case proceeding must then be held in accordance with sections
19.1614.57 to 14.69. If, within 15 calendar days after being served with the order, the employer
19.17fails to file a written notice of objection with the commissioner, the order becomes a
19.18final order of the commissioner.

19.19    Sec. 3. Minnesota Statutes 2012, section 326.02, subdivision 5, is amended to read:
19.20    Subd. 5. Limitation. The provisions of sections 326.02 to 326.15 shall not apply
19.21to the preparation of plans and specifications for the erection, enlargement, or alteration
19.22of any building or other structure by any person, for that person's exclusive occupancy
19.23or use, unless such occupancy or use involves the public health or safety or the health
19.24or safety of the employees of said person, or of the buildings listed in section 326.03,
19.25subdivision 2
, nor to any detailed or shop plans required to be furnished by a contractor
19.26to a registered engineer, landscape architect, architect, or certified interior designer,
19.27nor to any standardized manufactured product, nor to any construction superintendent
19.28supervising the execution of work designed by an architect, landscape architect, engineer,
19.29or certified interior designer licensed or certified in accordance with section 326.03, nor
19.30to the planning for and supervision of the construction and installation of work by an
19.31electrical or elevator contractor or master plumber as defined in and licensed pursuant to
19.32chapter 326B, where such work is within the scope of such licensed activity and not
19.33within the practice of professional engineering, or architecture, or where the person does
19.34not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.

20.1    Sec. 4. Minnesota Statutes 2012, section 326B.081, subdivision 3, is amended to read:
20.2    Subd. 3. Applicable law. "Applicable law" means the provisions of sections
20.3181.723 , 325E.66, 327.31 to 327.36, and this chapter, and chapter 341, and all rules,
20.4orders, stipulation agreements, settlements, compliance agreements, licenses, registrations,
20.5certificates, and permits adopted, issued, or enforced by the department under sections
20.6181.723, 325E.66, 327.31 to 327.36, or this chapter, or chapter 341.

20.7    Sec. 5. Minnesota Statutes 2012, section 326B.082, subdivision 11, is amended to read:
20.8    Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
20.9deny an application for a permit, license, registration, or certificate if the applicant does
20.10not meet or fails to maintain the minimum qualifications for holding the permit, license,
20.11registration, or certificate, or has any unresolved violations or unpaid fees or monetary
20.12penalties related to the activity for which the permit, license, registration, or certificate has
20.13been applied for or was issued.
20.14    (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
20.15person's permit, license, registration, or certificate, or censure the person holding the
20.16permit, license, registration, or certificate, if the commissioner finds that the person:
20.17    (1) committed one or more violations of the applicable law;
20.18    (2) submitted false or misleading information to the state in connection with
20.19activities for which the permit, license, registration, or certificate was issued, or in
20.20connection with the application for the permit, license, registration, or certificate;
20.21    (3) allowed the alteration or use of the person's own permit, license, registration,
20.22or certificate by another person;
20.23    (4) within the previous five years, was convicted of a crime in connection with
20.24activities for which the permit, license, registration, or certificate was issued;
20.25    (5) violated: (i) a final administrative order issued under subdivision 7 or, (ii) a final
20.26stop order issued under subdivision 10, or (iii) injunctive relief issued under subdivision 9,
20.27or (iv) a consent order or final order of the commissioner;
20.28    (6) failed to cooperate with a commissioner's request to give testimony, to produce
20.29documents, things, apparatus, devices, equipment, or materials, or to access property
20.30under subdivision 2;
20.31    (7) retaliated in any manner against any employee or person who is questioned by,
20.32cooperates with, or provides information to the commissioner or an employee or agent
20.33authorized by the commissioner who seeks access to property or things under subdivision 2;
20.34    (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
21.1    (9) performed work in connection with the permit, license, registration, or
21.2certificate or conducted the person's affairs in a manner that demonstrates incompetence,
21.3untrustworthiness, or financial irresponsibility.
21.4    (c) If the commissioner revokes or denies a person's permit, license, registration,
21.5or certificate under paragraph (b), the person is prohibited from reapplying for the same
21.6type of permit, license, registration, or certificate for at least two years after the effective
21.7date of the revocation or denial. The commissioner may, as a condition of reapplication,
21.8require the person to obtain a bond or comply with additional reasonable conditions the
21.9commissioner considers necessary to protect the public.
21.10    (d) If a permit, license, registration, or certificate expires, or is surrendered,
21.11withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
21.12institute a proceeding under this subdivision within two years after the permit, license,
21.13registration, or certificate was last effective and enter a revocation or suspension order as
21.14of the last date on which the permit, license, registration, or certificate was in effect.

21.15    Sec. 6. Minnesota Statutes 2012, section 326B.093, subdivision 4, is amended to read:
21.16    Subd. 4. Examination results. If the applicant receives a passing score on the
21.17examination and meets all other requirements for licensure, the commissioner must
21.18approve the application and notify the applicant of the approval within 60 days of the
21.19date of the passing score. The applicant must, within 90 180 days after the notification
21.20of approval, pay the license fee. Upon receipt of the license fee, the commissioner must
21.21issue the license. If the applicant does not pay the license fee within 90 180 days after
21.22the notification of approval, the commissioner will rescind the approval and must deny
21.23the application. If the applicant does not receive a passing score on the examination,
21.24the commissioner must deny the application. If the application is denied because of the
21.25applicant's failure to receive a passing score on the examination, then the applicant cannot
21.26submit a new application for the license until at least 30 days after the notification of denial.

21.27    Sec. 7. Minnesota Statutes 2012, section 326B.101, is amended to read:
21.28326B.101 POLICY AND PURPOSE.
21.29The State Building Code governs the construction, reconstruction, alteration, and
21.30 repair, and use of buildings and other structures to which the code is applicable. The
21.31commissioner shall administer and amend a state code of building construction which will
21.32provide basic and uniform performance standards, establish reasonable safeguards for
21.33health, safety, welfare, comfort, and security of the residents of this state and provide for
21.34the use of modern methods, devices, materials, and techniques which will in part tend to
22.1lower construction costs. The construction of buildings should be permitted at the least
22.2possible cost consistent with recognized standards of health and safety.

22.3    Sec. 8. Minnesota Statutes 2012, section 326B.103, subdivision 11, is amended to read:
22.4    Subd. 11. Public building. "Public building" means a building and its grounds the
22.5cost of which is paid for by the state or a state agency regardless of its cost, and a school
22.6district building project or charter school building project the cost of which is $100,000
22.7or more.

22.8    Sec. 9. Minnesota Statutes 2012, section 326B.121, subdivision 1, is amended to read:
22.9    Subdivision 1. Application. (a) The State Building Code is the standard that applies
22.10statewide for the construction, reconstruction, alteration, and repair, and use of buildings
22.11and other structures of the type governed by the code.
22.12(b) The State Building Code supersedes the building code of any municipality.
22.13(c) The State Building Code does not apply to agricultural buildings except:
22.14(1) with respect to state inspections required or rulemaking authorized by sections
22.15103F.141 ; 216C.19, subdivision 9; and 326B.36; and
22.16(2) translucent panels or other skylights without raised curbs shall be supported to
22.17have equivalent load-bearing capacity as the surrounding roof.

22.18    Sec. 10. Minnesota Statutes 2012, section 326B.163, is amended by adding a
22.19subdivision to read:
22.20    Subd. 9. Direct supervision. "Direct supervision" means:
22.21(1) an unlicensed individual is being directly supervised by an individual licensed
22.22to perform the elevator work being supervised during the entire time the unlicensed
22.23individual is performing elevator work;
22.24(2) the licensed individual is physically present at the location where the unlicensed
22.25individual is performing elevator work and immediately available to the unlicensed
22.26individual at all times for assistance and direction;
22.27(3) the licensed individual shall review the elevator work performed by the
22.28unlicensed individual before the elevator work is operated; and
22.29(4) the licensed individual is able to and does determine that all elevator work
22.30performed by the unlicensed individual is performed in compliance with the elevator code.

22.31    Sec. 11. Minnesota Statutes 2012, section 326B.163, is amended by adding a
22.32subdivision to read:
23.1    Subd. 10. Elevator contractor. "Elevator contractor" means a licensed contractor
23.2whose responsible licensed individual is a master elevator constructor. An elevator
23.3contractor license does not itself qualify its holder to perform or supervise elevator work
23.4authorized by holding a personal license issued by the commissioner.

23.5    Sec. 12. Minnesota Statutes 2012, section 326B.163, is amended by adding a
23.6subdivision to read:
23.7    Subd. 11. Limited elevator contractor. "Limited elevator contractor" means a
23.8licensed contractor whose responsible licensed individual is a limited master elevator
23.9constructor. A limited elevator contractor or its employees may only install, test, or alter
23.10residential elevators, platform lifts, stairway chairlifts, dumbwaiters, material lifts, limited
23.11use or limited application elevator equipment, conveyors, and special purpose personnel
23.12elevators.

23.13    Sec. 13. Minnesota Statutes 2012, section 326B.163, is amended by adding a
23.14subdivision to read:
23.15    Subd. 11a. Limited elevator work. "Limited elevator work" means the installing,
23.16maintaining, altering, repairing, testing, planning, or laying out of residential elevators,
23.17platform lifts, stairway chairlifts, dumbwaiters, material lifts, limited use or limited
23.18application elevator equipment, conveyors, and special purpose personnel elevators
23.19as covered by Minnesota Rules, chapters 1307 and 1315. Limited elevator work also
23.20includes electrical wiring on the load side of the elevator equipment disconnect and the
23.21decommissioning of elevator equipment to enable safe removal.

23.22    Sec. 14. Minnesota Statutes 2012, section 326B.163, is amended by adding a
23.23subdivision to read:
23.24    Subd. 12. Elevator work. "Elevator work" means the installing, maintaining,
23.25altering, repairing, testing, planning, or laying out of elevator apparatus or equipment as
23.26covered by Minnesota Rules, chapters 1307 and 1315. Elevator work also includes the
23.27disconnection of electrical wiring on the load side of the elevator equipment disconnect
23.28and the decommissioning of elevator equipment to enable safe removal.

23.29    Sec. 15. Minnesota Statutes 2012, section 326B.163, is amended by adding a
23.30subdivision to read:
23.31    Subd. 13. Master elevator constructor. "Master elevator constructor" means
23.32an individual having the necessary qualifications, training, experience, and technical
24.1knowledge to properly plan, lay out, supervise, and perform the installation, maintenance,
24.2altering, testing, wiring, and repair of apparatus and equipment for elevators, including
24.3electrical wiring on the load side of the elevator equipment disconnect and who is licensed
24.4as a master elevator constructor by the commissioner.

24.5    Sec. 16. Minnesota Statutes 2012, section 326B.163, is amended by adding a
24.6subdivision to read:
24.7    Subd. 14. Limited master elevator constructor. "Limited master elevator
24.8constructor" means an individual having the necessary qualifications, training, experience,
24.9and technical knowledge to properly plan, lay out, supervise, and perform the testing,
24.10altering, installation, maintenance, and repair of wiring, apparatus, and equipment for
24.11residential elevators, platform lifts, stairway chairlifts, dumbwaiters, material lifts, limited
24.12use or limited application elevator equipment, conveyors, and special purpose personnel
24.13elevators, including wiring on the load side of the elevator equipment disconnect and who
24.14is licensed as a limited master elevator constructor by the commissioner.

24.15    Sec. 17. Minnesota Statutes 2012, section 326B.163, is amended by adding a
24.16subdivision to read:
24.17    Subd. 14a. Limited journeyman elevator constructor. "Limited journeyman
24.18elevator constructor" means an individual having the necessary qualifications, training,
24.19experience, and technical knowledge to install, maintain, alter, test, and repair apparatus
24.20and equipment for residential elevators, platform lifts, stairway chairlifts, dumbwaiters,
24.21material lifts, limited use or limited application elevator equipment, conveyors, and
24.22special purpose personnel elevators, including electrical wiring on the load side of the
24.23elevator equipment disconnect and who is licensed as a limited journeyman elevator
24.24constructor by the commissioner.

24.25    Sec. 18. Minnesota Statutes 2012, section 326B.163, is amended by adding a
24.26subdivision to read:
24.27    Subd. 15. Journeyman elevator constructor. "Journeyman elevator constructor"
24.28means an individual having the necessary qualifications, training, experience, and
24.29technical knowledge to install, maintain, alter, test, and repair apparatus and equipment for
24.30elevators, including electrical wiring on the load side of the elevator equipment disconnect
24.31and who is licensed as a journeyman elevator constructor by the commissioner.

25.1    Sec. 19. Minnesota Statutes 2012, section 326B.163, is amended by adding a
25.2subdivision to read:
25.3    Subd. 16. Registered unlicensed elevator constructor. "Registered unlicensed
25.4elevator constructor" means an individual who has registered with the department but is
25.5not licensed by the commissioner to perform elevator work.

25.6    Sec. 20. Minnesota Statutes 2012, section 326B.163, is amended by adding a
25.7subdivision to read:
25.8    Subd. 17. Residential dwelling. "Residential dwelling" is a single dwelling unit
25.9that is contained in a one-family, two-family, or multifamily dwelling. A residential
25.10dwelling also includes outdoor space at a one-family dwelling.

25.11    Sec. 21. Minnesota Statutes 2012, section 326B.163, is amended by adding a
25.12subdivision to read:
25.13    Subd. 18. Responsible licensed individual. "Responsible licensed individual"
25.14means an individual licensed as a master elevator constructor or limited master elevator
25.15constructor who is identified as the responsible licensed individual on an elevator
25.16contractor license application.

25.17    Sec. 22. [326B.164] LICENSES.
25.18    Subdivision 1. Master elevator constructor. (a) Except as otherwise provided by
25.19law, no individual shall perform or supervise elevator work, unless:
25.20(1) the individual is licensed by the commissioner as a master elevator constructor;
25.21and
25.22(2) the elevator work is for a licensed elevator contractor and the individual is an
25.23employee, partner, or officer of, or is the licensed contractor.
25.24(b) An applicant for a master elevator constructor license shall:
25.25(1) have at least one year of experience, acceptable to the commissioner, as a
25.26licensed journeyman elevator constructor; or
25.27(2) have at least six years' experience, acceptable to the commissioner, in planning
25.28for, laying out, supervising, and installing apparatus, equipment, and wiring for elevators.
25.29(c) Individuals licensed as master elevator constructors under section 326B.33,
25.30subdivision 11, as of December 31, 2013, shall not be required to pass an examination
25.31under this section but, effective January 1, 2014, shall be subject to the requirements of
25.32sections 326B.163 to 326B.191.
26.1(d) Except for the initial license term, as a condition of license renewal, master
26.2elevator constructors must attain a minimum of 16 hours of continuing education credit
26.3approved by the commissioner every renewal period. Not less than 12 hours shall be based
26.4on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
26.5be based on the National Electrical Code.
26.6    Subd. 2. Limited master elevator constructor. (a) Except as otherwise provided
26.7by law, no individual shall perform or supervise elevator work on residential elevators,
26.8platform lifts, stairway chairlifts, dumbwaiters, material lifts, limited use or limited
26.9application elevator equipment, conveyors, and special purpose personnel elevators, unless:
26.10(1) the individual is licensed by the commissioner as a limited master elevator
26.11constructor; and
26.12(2) the elevator work is for a limited elevator contractor and the individual is an
26.13employee, partner, or officer of, or is the licensed contractor.
26.14(b) An applicant for a limited master elevator constructor license shall have at
26.15least three years of experience, acceptable to the commissioner, in installing apparatus,
26.16equipment, and wiring for elevators.
26.17(c) Except for the initial license term, as a condition of license renewal, limited
26.18master elevator constructors must attain a minimum of eight hours of continuing education
26.19credit approved by the commissioner every renewal period. Not less than six hours shall
26.20be based on the Minnesota Elevator Code or elevator technology, and not less than two
26.21hours on the National Electrical Code.
26.22    Subd. 3. Journeyman elevator constructor. (a) Except as otherwise provided
26.23by law, no individual shall perform and supervise elevator work except for planning or
26.24laying out of elevator work, unless:
26.25(1) the individual is licensed by the commissioner as a journeyman elevator
26.26constructor; and
26.27(2) the elevator work is for an elevator contractor, and the individual is an employee,
26.28partner, or officer of the licensed elevator contractor.
26.29(b) An applicant for a journeyman elevator constructor license shall have completed
26.30a four-year elevator mechanics apprenticeship registered with the United States
26.31Department of Labor or worked at least 9,000 hours in five consecutive years for a
26.32licensed elevator contractor, acceptable to the commissioner, installing, maintaining,
26.33modernizing, testing, wiring, and repairing elevators.
26.34(c) Individuals licensed as journeyman elevator constructors under section 326B.33,
26.35subdivision 8, as of December 31, 2013, shall not be required to pass an examination
27.1under this section but, effective January 1, 2014, shall be subject to the requirements of
27.2sections 326B.163 to 326B.191.
27.3(d) As a condition of license renewal, journeyman elevator constructors must attain
27.4a minimum of 16 hours of continuing education credit approved by the commissioner
27.5every renewal period. Not less than 12 hours shall be based on the Minnesota Elevator
27.6Code or elevator technology, and not less than four hours shall be based on the National
27.7Electrical Code.
27.8    Subd. 3a. Limited journeyman elevator constructor. (a) Except as otherwise
27.9provided by law, no individual shall perform or supervise elevator work on residential
27.10elevators, platform lifts, stairway chairlifts, dumbwaiters, material lifts, limited use
27.11or limited application elevator equipment, conveyors, and special purpose personnel
27.12elevators, except for planning or laying out of elevator work, unless:
27.13(1) the individual is licensed by the commissioner as a limited journeyman elevator
27.14constructor; and
27.15(2) the elevator work is for a limited elevator contractor or an elevator contractor,
27.16and the individual is an employee, partner, or officer of the licensed limited elevator
27.17contractor or licensed elevator contractor.
27.18(b) An applicant for a limited journeyman elevator constructor license shall have
27.19at least two years of experience, acceptable to the commissioner, in installing apparatus,
27.20equipment, and wiring for elevators.
27.21(c) Except for the initial license term, as a condition of license renewal, limited
27.22journeyman elevator constructors must attain a minimum of eight hours of continuing
27.23education credit approved by the commissioner every renewal period. Not less than six
27.24hours shall be based on the Minnesota Elevator Code or elevator technology, and not less
27.25than two hours on the National Electrical Code.
27.26    Subd. 4. Registered unlicensed elevator constructor. (a) An unlicensed individual
27.27shall not perform elevator work, unless the individual has first registered with the
27.28department as an unlicensed elevator constructor. Except as allowed by subdivision 12, a
27.29registered unlicensed elevator constructor shall not perform elevator work unless the work
27.30is performed under the direct supervision of an individual actually licensed to perform
27.31such work. The licensed elevator constructor and the registered unlicensed elevator
27.32constructor must be employed by the same employer. Unlicensed individuals shall not
27.33supervise the performance of elevator work or make assignments of elevator work to
27.34unlicensed individuals. Licensed elevator constructors shall provide direct supervision for
27.35no more than two registered unlicensed elevator constructors.
28.1(b) Notwithstanding any other provision of this section, no individual other than a
28.2master elevator constructor or limited master elevator constructor shall plan or lay out
28.3elevator wiring, apparatus, or equipment.
28.4(c) Contractors employing registered unlicensed elevator constructors performing
28.5elevator work shall maintain records establishing compliance with this subdivision that
28.6shall identify all unlicensed individuals performing elevator work and shall permit the
28.7department to examine and copy all such records.
28.8(d) When a licensed elevator constructor supervises the elevator work of an
28.9unlicensed individual, the licensed elevator constructor is responsible for ensuring that the
28.10elevator work complies with this section and the Minnesota Elevator Code.
28.11(e) A registered unlicensed elevator constructor with a minimum of one year
28.12experience may perform the following maintenance tasks for elevator equipment without
28.13being provided with direct supervision: oiling, cleaning, greasing, painting, relamping,
28.14and replacing of escalator and moving walk comb teeth.
28.15    Subd. 5. Registration of unlicensed individuals. (a) Unlicensed individuals
28.16performing elevator work for a contractor shall register with the department in the manner
28.17prescribed by the commissioner. Experience credit for elevator work performed in
28.18Minnesota after January 1, 2009, by an applicant for a license identified in this section
28.19shall not be granted where the applicant has not registered with the department or is
28.20not licensed by the department.
28.21(b) As a condition of renewal of registration, unlicensed individuals shall attain a
28.22minimum of two hours of continuing education credit, approved by the commissioner,
28.23every renewal period. The continuing education course shall be based on the Minnesota
28.24Elevator Code or elevator technology.
28.25(c) Individuals registered under section 326B.33, subdivision 13, whose registration
28.26expires after July 31, 2013, shall be subject to the registration requirements of this
28.27subdivision and the requirements of sections 326B.163 to 326B.191.
28.28    Subd. 6. Contractor's license required. (a) No individual, other than an employee,
28.29partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision
28.3010, shall perform or offer to perform elevator work with or without compensation, unless
28.31the individual obtains a contractor's license. A contractor's license does not of itself
28.32qualify its holder to perform or supervise the elevator work authorized by holding any
28.33class of personal license.
28.34(b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013,
28.35shall not be required to comply with this subdivision.
29.1    Subd. 7. Bond required. As a condition of licensing, each contractor shall give
29.2and maintain bond to the state in the sum of $25,000, conditioned upon the faithful and
29.3lawful performance of all work contracted for or performed by the contractor within the
29.4state of Minnesota, and such bond shall be for the benefit of persons injured or suffering
29.5financial loss by reason of failure of such performance. The bond shall be filed with
29.6the commissioner and shall be in lieu of all other license bonds to any other political
29.7subdivision. The bond shall be written by a corporate surety licensed to do business
29.8in the state of Minnesota.
29.9    Subd. 8. Insurance required. Each elevator contractor shall have and maintain
29.10in effect general liability insurance, which includes premises and operations insurance
29.11and products and completed operations insurance, with limits of at least $100,000 per
29.12occurrence, $300,000 aggregate limit for bodily injury, and property damage insurance
29.13with limits of at least $50,000, or a policy with a single limit for bodily injury and property
29.14damage of $300,000 per occurrence and $300,000 aggregate limits. The insurance shall be
29.15written by an insurer licensed to do business in the state of Minnesota, and each contractor
29.16shall maintain on file with the commissioner a certificate evidencing such insurance. In the
29.17event of a policy cancellation, the insurer shall send written notice to the commissioner at
29.18the same time that a cancellation request is received from or a notice is sent to the insured.
29.19    Subd. 9. Employment of responsible individual. (a) Each elevator contractor
29.20must designate a responsible master elevator constructor or limited master elevator
29.21constructor who shall be the responsible individual for the performance of all elevator
29.22work in accordance with the requirements of sections 326B.163 to 326B.191, all rules
29.23adopted under these sections, and all orders issued under section 326B.082. The classes of
29.24work that a licensed contractor is authorized to perform shall be limited to the classes of
29.25work that the responsible individual is allowed to perform.
29.26(b) When a contractor's license is held by an individual, sole proprietorship,
29.27partnership, limited liability company, or corporation, and the individual, proprietor, one
29.28of the partners, one of the members, or an officer of the corporation, respectively, is not the
29.29responsible master elevator constructor or limited master elevator constructor, all elevator
29.30permits shall be submitted by the responsible master elevator constructor or limited
29.31master elevator constructor. If the contractor is an individual or a sole proprietorship,
29.32the responsible master or limited master elevator constructor must be the individual,
29.33proprietor, or managing employee. If the contractor is a partnership, the responsible
29.34master or limited master elevator constructor must be a general partner or managing
29.35employee. If the licensed contractor is a limited liability company, the responsible master
29.36or limited master elevator constructor must be a chief manager or managing employee.
30.1If the contractor is a corporation, the responsible master or limited master elevator
30.2constructor must be an officer or managing employee. If the responsible master or limited
30.3master elevator constructor is a managing employee, the responsible individual must be
30.4actively engaged in performing elevator work on behalf of the contractor and cannot be
30.5employed in any capacity performing elevator work for any other elevator contractor or
30.6employer. An individual may be the responsible individual for only one contractor.
30.7(c) All applications and renewals for contractor licenses shall include a verified
30.8statement that the applicant and responsible individual are in compliance with this
30.9subdivision.
30.10    Subd. 10. Examination. In addition to the other requirements described in this
30.11section and sections 326B.091 to 326B.098, as a precondition to issuance of a personal
30.12license, each applicant must pass a written or oral examination developed and administered
30.13by the commissioner to ensure the competence of each applicant for license. An oral
30.14examination shall be administered only to an applicant who furnishes a written statement
30.15from a certified teacher or other professional, trained in the area of reading disabilities,
30.16stating that the applicant has a specific reading disability that would prevent the applicant
30.17from performing satisfactorily on a written test. The oral examination shall be structured
30.18so that an applicant who passes the examination will not impair the applicant's own safety
30.19or that of others while acting as a licensed individual.
30.20    Subd. 11. License, registration, and renewal fees; expiration. (a) Unless revoked
30.21or suspended under this chapter, all licenses issued or renewed under this section expire on
30.22the following schedule:
30.23(1) master licenses expire March 1 of each odd-numbered year after issuance or
30.24renewal;
30.25(2) elevator contractor licenses expire March 1 of each even-numbered year after
30.26issuance or renewal;
30.27(3) journeyman elevator constructor licenses expire two years from the date of
30.28original issuance and every two years thereafter; and
30.29(4) registrations of unlicensed individuals expire one year from the date of original
30.30issuance and every year thereafter.
30.31(b) For purposes of calculating license fees and renewal license fees required under
30.32section 326B.092:
30.33(1) the registration of an unlicensed individual under subdivision 5 shall be
30.34considered an entry-level license;
30.35(2) the journeyman elevator constructor shall be considered a journeyman license;
31.1(3) the master elevator constructor and limited master elevator constructor licenses
31.2shall be considered master licenses; and
31.3(4) an elevator contractor license shall be considered a business license.
31.4    Subd. 12. Exemption from licensing. Employees of a licensed elevator contractor
31.5or licensed limited elevator contractor are not required to hold or obtain a license
31.6under this section or be provided with direct supervision by a licensed master elevator
31.7constructor, licensed limited master elevator constructor, licensed elevator constructor,
31.8or licensed limited elevator constructor to install, maintain, or repair platform lifts and
31.9stairway chairlifts. Unlicensed employees performing elevator work under this exemption
31.10must comply with subdivision 5. This exemption does not include the installation,
31.11maintenance, repair, or replacement of electrical wiring for elevator equipment.
31.12    Subd. 13. Reciprocity. (a) The commissioner may enter into reciprocity agreements
31.13for personal licenses with another state and issue a personal license without requiring the
31.14applicant to pass an examination provided the applicant:
31.15(1) submits an application under this section;
31.16(2) pays the application and examination fee and license fee required under section
31.17326B.092; and
31.18(3) holds a valid comparable license in the state participating in the agreement.
31.19(b) Reciprocity agreements are subject to the following:
31.20(1) the parties to the agreement must administer a statewide licensing program that
31.21includes examination and qualifying experience or training comparable to Minnesota's;
31.22(2) the experience and training requirements under which an individual applicant
31.23qualified for examination in the qualifying state must be deemed equal to or greater than
31.24required for an applicant making application in Minnesota at the time the applicant
31.25acquired the license in the qualifying state;
31.26(3) the applicant must have acquired the license in the qualifying state through an
31.27examination deemed equivalent to the same class of license examination in Minnesota.
31.28A lesser class of license may be granted where the applicant has acquired a greater
31.29class of license in the qualifying state, and the applicant otherwise meets the conditions
31.30of this subdivision;
31.31(4) at the time of application, the applicant must hold a valid license in the qualifying
31.32state and have held the license continuously for at least one year before making application
31.33in Minnesota;
31.34(5) an applicant is not eligible for a license under this subdivision if the applicant has
31.35failed the same or greater class of license examination in Minnesota, or if the applicant's
31.36license of the same or greater class has been revoked or suspended; and
32.1(6) an applicant who has failed to renew a personal license for two years or more
32.2after its expiration is not eligible for a license under this subdivision.

32.3    Sec. 23. Minnesota Statutes 2012, section 326B.184, subdivision 1, is amended to read:
32.4    Subdivision 1. Permits. No person may construct, install, alter, repair, or remove
32.5an elevator without first filing an application for a permit with the department or a
32.6municipality authorized by subdivision 4 to inspect elevators. A permit issued by the
32.7department is valid for work commenced within 12 months of application and completed
32.8within two years of application. Where no work is commenced within 12 months of
32.9application, an applicant may cancel the permit and request a refund of inspection fees.

32.10    Sec. 24. Minnesota Statutes 2012, section 326B.184, is amended by adding a
32.11subdivision to read:
32.12    Subd. 1a. Department permit and inspection fees. (a) The department permit and
32.13inspection fees to construct, install, alter, repair, or remove an elevator are as follows:
32.14(1) the permit fee is $100;
32.15(2) the inspection fee is 0.015 of the total cost of the permitted work for labor and
32.16materials, including related electrical and mechanical equipment. The inspection fee
32.17covers two inspections. The inspection fee for additional inspections is $80 per hour;
32.18(3) when inspections scheduled by the permit submitter are not able to be completed
32.19because the work is not complete, a fee equal to two hours at the hourly rate of $80 must
32.20be paid by the permit submitter; and
32.21(4) when the owner or permit holder requests inspections be performed outside of
32.22normal work hours or on weekends or holidays, an hourly rate of $120 in addition to
32.23the inspection fee must be paid.
32.24(b) The department fees for inspection of existing elevators when requested by the
32.25elevator owner or as a result of an accident resulting in personal injury are at an hourly rate
32.26of $80 during normal work hours or $120 outside of normal work hours or on weekends or
32.27holidays, with a one-hour minimum.
32.28EFFECTIVE DATE.This section is effective January 1, 2014.

32.29    Sec. 25. Minnesota Statutes 2012, section 326B.184, subdivision 2, is amended to read:
32.30    Subd. 2. Operating permits and fees; periodic inspections. (a) No person may
32.31operate an elevator without first obtaining an annual operating permit from the department
32.32or a municipality authorized by subdivision 4 to issue annual operating permits. A $100
32.33annual operating permit fee must be paid to the department for each annual operating
33.1permit issued by the department, except that the original annual operating permit must
33.2be included in the permit fee for the initial installation of the elevator. Annual operating
33.3permits must be issued at 12-month intervals from the date of the initial annual operating
33.4permit. For each subsequent year, an owner must be granted an annual operating permit
33.5for the elevator upon the owner's or owner's agent's submission of a form prescribed by
33.6the commissioner and payment of the $100 fee. Each form must include the location of
33.7the elevator, the results of any periodic test required by the code, and any other criteria
33.8established by rule. An annual operating permit may be revoked by the commissioner upon
33.9an audit of the periodic testing results submitted with the application or a failure to comply
33.10with elevator code requirements, inspections, or any other law related to elevators. Except
33.11for an initial operating permit fee, hand-powered manlifts and electric endless belt manlifts,
33.12 and vertical reciprocating conveyors are not subject to a subsequent operating permit fee.
33.13(b) All elevators are subject to periodic inspections by the department or a
33.14municipality authorized by subdivision 4 to perform periodic inspections, except that
33.15hand-powered manlifts and electric endless belt manlifts are exempt from periodic
33.16inspections. Periodic inspections by the department shall be performed at the following
33.17intervals:
33.18(1) a special purpose personnel elevator is subject to inspection not more than once
33.19every five years;
33.20(2) an elevator located within a house of worship that does not have attached school
33.21facilities is subject to inspection not more than once every three years; and
33.22(3) all other elevators are subject to inspection not more than once each year.

33.23    Sec. 26. Minnesota Statutes 2012, section 326B.187, is amended to read:
33.24326B.187 RULES.
33.25    The commissioner may adopt rules for the following purposes:
33.26    (1) to establish minimum qualifications for elevator inspectors that must include
33.27possession of a current elevator constructor electrician's license issued by the department
33.28and proof of successful completion of the national elevator industry education program
33.29examination or equivalent experience;
33.30    (2) to establish minimum qualifications for limited elevator inspectors;
33.31    (3) to establish criteria for the qualifications of elevator contractors;
33.32    (4) to establish elevator standards under sections 326B.106, subdivisions 1 and 3,
33.33and 326B.13;
33.34    (5) to establish procedures for appeals of decisions of the commissioner under
33.35chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
34.1advice from the elevator trade, building owners or managers, and others knowledgeable in
34.2the installation, construction, and repair of elevators; and
34.3    (6) to establish requirements for the registration of all elevators.

34.4    Sec. 27. Minnesota Statutes 2012, section 326B.31, is amended by adding a
34.5subdivision to read:
34.6    Subd. 26a. Request for inspection. "Request for inspection" means the application
34.7for and issuance of a permit for an electrical installation that is required to be inspected
34.8under section 326B.36.

34.9    Sec. 28. Minnesota Statutes 2012, section 326B.33, subdivision 19, is amended to read:
34.10    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless
34.11revoked or suspended under this chapter, all licenses issued or renewed under this section
34.12expire on the date specified in this subdivision. Master licenses expire March 1 of each
34.13odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
34.141 of each even-numbered year after issuance or renewal. Technology system contractor
34.15and satellite system contractor licenses expire August 1 of each even-numbered year after
34.16issuance or renewal. All other personal licenses expire two years from the date of original
34.17issuance and every two years thereafter. Registrations of unlicensed individuals expire
34.18one year from the date of original issuance and every year thereafter.
34.19(b) For purposes of calculating license fees and renewal license fees required under
34.20section 326B.092:
34.21(1) the registration of an unlicensed individual under subdivision 12 shall be
34.22considered an entry level license;
34.23(2) the following licenses shall be considered journeyman licenses: Class A
34.24journeyman electrician, Class B journeyman electrician, Class A installer, Class B
34.25installer, elevator constructor, lineman, maintenance electrician, satellite system installer,
34.26and power limited technician;
34.27(3) the following licenses shall be considered master licenses: Class A master
34.28electrician, and Class B master electrician, and master elevator constructor; and
34.29(4) the following licenses shall be considered business licenses: Class A electrical
34.30contractor, Class B electrical contractor, elevator contractor, satellite system contractor,
34.31and technology systems contractor.
34.32(c) For each filing of a certificate of responsible person by an employer, the fee is
34.33$100.

35.1    Sec. 29. Minnesota Statutes 2012, section 326B.33, subdivision 21, is amended to read:
35.2    Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance
35.3electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:
35.4    (1) the individual is engaged in the maintenance and repair of electrical equipment,
35.5apparatus, and facilities that are owned or leased by the individual's employer and that are
35.6located within the limits of property operated, maintained, and either owned or leased by
35.7the individual's employer;
35.8    (2) the individual is supervised by:
35.9    (i) the responsible master electrician for a contractor who has contracted with the
35.10individual's employer to provide services for which a contractor's license is required; or
35.11    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
35.12engineer, or, if the maintenance and repair work is limited to technology circuits or
35.13systems work, a licensed power limited technician; and
35.14    (3) the individual's employer has on file with the commissioner a current certificate
35.15of responsible person, signed by the responsible master electrician of the contractor, the
35.16licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
35.17the licensed power limited technician, and stating that the person signing the certificate
35.18is responsible for ensuring that the maintenance and repair work performed by the
35.19employer's employees complies with the Minnesota Electrical Act and the rules adopted
35.20under that act. The employer must pay a filing fee to file a certificate of responsible person
35.21with the commissioner. The certificate shall expire two years from the date of filing. In
35.22order to maintain a current certificate of responsible person, the employer must resubmit a
35.23certificate of responsible person, with a filing fee, no later than two years from the date
35.24of the previous submittal.
35.25    (b) Employees of a licensed electrical or technology systems contractor or other
35.26employer where provided with supervision by a master electrician in accordance with
35.27subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
35.28(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
35.29for the planning, laying out, installing, altering, and repairing of technology circuits or
35.30systems except planning, laying out, or installing:
35.31    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
35.32control circuits or systems other than class 2 or class 3, except circuits that interconnect
35.33these systems through communication, alarm, and security systems are exempted from
35.34this paragraph;
35.35    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
35.36physically unprotected circuits other than class 2 or class 3; or
36.1    (3) technology circuits or systems in hazardous classified locations as covered by
36.2chapter 5 of the National Electrical Code.
36.3    (c) Companies and their employees that plan, lay out, install, alter, or repair class
36.42 and class 3 remote control wiring associated with plug or cord and plug connected
36.5appliances other than security or fire alarm systems installed in a residential dwelling are
36.6not required to hold a license under sections 326B.31 to 326B.399.
36.7    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
36.8employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
36.9when performing heating, ventilating, air conditioning, or refrigeration work as described
36.10in section 326B.38.
36.11    (e) Employees of any electrical, communications, or railway utility, cable
36.12communications company as defined in section 238.02, or a telephone company as defined
36.13under section 237.01 or its employees, or of any independent contractor performing work
36.14on behalf of any such utility, cable communications company, or telephone company, shall
36.15not be required to hold a license under sections 326B.31 to 326B.399:
36.16    (1) while performing work on installations, materials, or equipment which are owned
36.17or leased, and operated and maintained by such utility, cable communications company, or
36.18telephone company in the exercise of its utility, antenna, or telephone function, and which
36.19    (i) are used exclusively for the generation, transformation, distribution, transmission,
36.20or metering of electric current, or the operation of railway signals, or the transmission
36.21of intelligence and do not have as a principal function the consumption or use of electric
36.22current or provided service by or for the benefit of any person other than such utility, cable
36.23communications company, or telephone company, and
36.24    (ii) are generally accessible only to employees of such utility, cable communications
36.25company, or telephone company or persons acting under its control or direction, and
36.26    (iii) are not on the load side of the service point or point of entrance for
36.27communication systems;
36.28    (2) while performing work on installations, materials, or equipment which are a part
36.29of the street lighting operations of such utility; or
36.30    (3) while installing or performing work on outdoor area lights which are directly
36.31connected to a utility's distribution system and located upon the utility's distribution poles,
36.32and which are generally accessible only to employees of such utility or persons acting
36.33under its control or direction.
36.34    (f) An owner shall not be required to hold or obtain a license under sections 326B.31
36.35to 326B.399.
37.1(g) Companies and their employees licensed under section 326B.164 shall not be
37.2required to hold or obtain a license under sections 326B.31 to 326B.399.

37.3    Sec. 30. Minnesota Statutes 2012, section 326B.36, subdivision 7, is amended to read:
37.4    Subd. 7. Exemptions from inspections. Installations, materials, or equipment shall
37.5not be subject to inspection under sections 326B.31 to 326B.399:
37.6    (1) when owned or leased, operated and maintained by any employer whose
37.7maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399,
37.8while performing electrical maintenance work only as defined by rule;
37.9    (2) when owned or leased, and operated and maintained by any electrical,
37.10communications, or railway utility, cable communications company as defined in section
37.11238.02 , or telephone company as defined under section 237.01, in the exercise of its
37.12utility, antenna, or telephone function; and
37.13    (i) are used exclusively for the generations, transformation, distribution,
37.14transmission, or metering of electric current, or the operation of railway signals, or the
37.15transmission of intelligence, and do not have as a principal function the consumption or
37.16use of electric current by or for the benefit of any person other than such utility, cable
37.17communications company, or telephone company; and
37.18    (ii) are generally accessible only to employees of such utility, cable communications
37.19company, or telephone company or persons acting under its control or direction; and
37.20    (iii) are not on the load side of the service point or point of entrance for
37.21communication systems;
37.22    (3) when used in the street lighting operations of an electrical utility;
37.23    (4) when used as outdoor area lights which are owned and operated by an electrical
37.24utility and which are connected directly to its distribution system and located upon the
37.25utility's distribution poles, and which are generally accessible only to employees of such
37.26utility or persons acting under its control or direction;
37.27    (5) when the installation, material, and equipment are in facilities subject to the
37.28jurisdiction of the federal Mine Safety and Health Act; or
37.29    (6) when the installation, material, and equipment is part of an elevator installation
37.30for which the elevator contractor, licensed under section 326B.33 326B.164, is required to
37.31obtain a permit from the authority having jurisdiction as provided by section 326B.184,
37.32and the inspection has been or will be performed by an elevator inspector certified and
37.33licensed by the department. This exemption shall apply only to installations, material, and
37.34equipment permitted or required to be connected on the load side of the disconnecting
37.35means required for elevator equipment under National Electrical Code Article 620, and
38.1elevator communications and alarm systems within the machine room, car, hoistway, or
38.2elevator lobby.

38.3    Sec. 31. Minnesota Statutes 2012, section 326B.37, is amended by adding a
38.4subdivision to read:
38.5    Subd. 15. Utility interconnected wind generation installations. (a) Fees
38.6associated with utility interconnected generation installations consisting of one or more
38.7generator sources interconnected with a utility power system and not supplying other
38.8premises loads are calculated according to paragraph (b) or (c).
38.9(b) The inspection fee is calculated according to subdivisions 2, 3, 4, and 6,
38.10paragraphs (d), (f), (j), and (k). A fee must be included for the generators and utility
38.11interconnect feeders, but not for a utility service.
38.12(c) There is a plan review fee and an inspection fee for the entire electrical
38.13installation. The plan review fee is based on the valuation of the electrical installation
38.14related to one of the generator systems that is part of the overall installation, not to include
38.15the supporting tower or other nonelectrical equipment or structures, calculated according
38.16to section 326B.153, subdivision 2. The inspection fee is $80 for each individual tower,
38.17including any voltage matching transformers located at the tower, and the fee for the
38.18feeders interconnecting the individual towers to the utility power system is calculated
38.19according to subdivisions 4 and 6, paragraph (k).

38.20    Sec. 32. Minnesota Statutes 2012, section 326B.43, subdivision 2, is amended to read:
38.21    Subd. 2. Agreement with municipality. The commissioner may enter into an
38.22agreement with a municipality, in which the municipality agrees to perform plan and
38.23specification reviews required to be performed by the commissioner under Minnesota
38.24Rules, part 4715.3130, if:
38.25    (a) the municipality has adopted:
38.26    (1) the plumbing code;
38.27    (2) an ordinance that requires plumbing plans and specifications to be submitted to,
38.28reviewed, and approved by the municipality, except as provided in paragraph (n);
38.29    (3) an ordinance that authorizes the municipality to perform inspections required by
38.30the plumbing code; and
38.31    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
38.32entirety, except as provided in paragraph (p);
39.1    (b) the municipality agrees to review plumbing plans and specifications for all
39.2construction for which the plumbing code requires the review of plumbing plans and
39.3specifications, except as provided in paragraph (n);
39.4    (c) the municipality agrees that, when it reviews plumbing plans and specifications
39.5under paragraph (b), the review will:
39.6    (1) reflect the degree to which the plans and specifications affect the public health
39.7and conform to the provisions of the plumbing code;
39.8    (2) ensure that there is no physical connection between water supply systems that
39.9are safe for domestic use and those that are unsafe for domestic use; and
39.10    (3) ensure that there is no apparatus through which unsafe water may be discharged
39.11or drawn into a safe water supply system;
39.12    (d) the municipality agrees to perform all inspections required by the plumbing
39.13code in connection with projects for which the municipality reviews plumbing plans and
39.14specifications under paragraph (b);
39.15    (e) the commissioner determines that the individuals who will conduct the inspections
39.16and the plumbing plan and specification reviews for the municipality do not have any
39.17conflict of interest in conducting the inspections and the plan and specification reviews;
39.18    (f) individuals who will conduct the plumbing plan and specification reviews for
39.19the municipality are:
39.20    (1) licensed master plumbers;
39.21    (2) licensed professional engineers; or
39.22    (3) individuals who are working under the supervision of a licensed professional
39.23engineer or licensed master plumber and who are licensed master or journeyman plumbers
39.24or hold a postsecondary degree in engineering;
39.25    (g) individuals who will conduct the plumbing plan and specification reviews for
39.26the municipality have passed a competency assessment required by the commissioner to
39.27assess the individual's competency at reviewing plumbing plans and specifications;
39.28    (h) individuals who will conduct the plumbing inspections for the municipality
39.29are licensed master or journeyman plumbers, or inspectors meeting the competency
39.30requirements established in rules adopted under section 326B.135;
39.31    (i) the municipality agrees to enforce in its entirety the plumbing code on all
39.32projects, except as provided in paragraph (p);
39.33    (j) the municipality agrees to keep official records of all documents received,
39.34including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
39.35and certificates issued, reports of inspections, and notices issued in connection with
39.36plumbing inspections and the review of plumbing plans and specifications;
40.1    (k) the municipality agrees to maintain the records described in paragraph (j) in the
40.2official records of the municipality for the period required for the retention of public
40.3records under section 138.17, and shall make these records readily available for review at
40.4the request of the commissioner;
40.5    (l) the municipality and the commissioner agree that if at any time during the
40.6agreement the municipality does not have in effect the plumbing code or any of ordinances
40.7described in paragraph (a), or if the commissioner determines that the municipality is not
40.8properly administering and enforcing the plumbing code or is otherwise not complying
40.9with the agreement:
40.10    (1) the commissioner may, effective 14 days after the municipality's receipt of
40.11written notice, terminate the agreement;
40.12    (2) the municipality may challenge the termination in a contested case before the
40.13commissioner pursuant to the Administrative Procedure Act; and
40.14    (3) while any challenge is pending under clause (2), the commissioner shall perform
40.15plan and specification reviews within the municipality under Minnesota Rules, part
40.164715.3130;
40.17    (m) the municipality and the commissioner agree that the municipality may terminate
40.18the agreement with or without cause on 90 days' written notice to the commissioner;
40.19    (n) the municipality and the commissioner agree that the municipality shall forward
40.20to the state for review all plumbing plans and specifications for the following types of
40.21projects within the municipality:
40.22    (1) hospitals, nursing homes, supervised living facilities licensed for eight or
40.23more individuals, and similar health-care-related facilities regulated by the Minnesota
40.24Department of Health state-licensed facilities as defined in section 326B.103, subdivision
40.2513;
40.26    (2) buildings owned by the federal or state government public buildings as defined
40.27in section 326B.103, subdivision 11; and
40.28    (3) projects of a special nature for which department review is requested by either
40.29the municipality or the state;
40.30    (o) where the municipality forwards to the state for review plumbing plans and
40.31specifications, as provided in paragraph (n), the municipality shall not collect any fee for
40.32plan review, and the commissioner shall collect all applicable fees for plan review; and
40.33    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
40.34license issued by the state.

40.35    Sec. 33. Minnesota Statutes 2012, section 326B.49, subdivision 2, is amended to read:
41.1    Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
41.2specifications that are submitted to the commissioner for review shall be accompanied by
41.3the appropriate plan examination fees. If the commissioner determines, upon review of
41.4the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
41.5to plan approval. The commissioner shall charge the following fees for plan reviews and
41.6audits of plumbing installations for public, commercial, and industrial buildings:
41.7    (1) systems with both water distribution and drain, waste, and vent systems and
41.8having:
41.9    (i) 25 or fewer drainage fixture units, $150;
41.10    (ii) 26 to 50 drainage fixture units, $250;
41.11    (iii) 51 to 150 drainage fixture units, $350;
41.12    (iv) 151 to 249 drainage fixture units, $500;
41.13    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
41.14of $4,000; and
41.15    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
41.16basin design;
41.17    (2) building sewer service only, $150;
41.18    (3) building water service only, $150;
41.19    (4) building water distribution system only, no drainage system, $5 per supply
41.20fixture unit or $150, whichever is greater;
41.21    (5) storm drainage system, a minimum fee of $150 or:
41.22    (i) $50 per drain opening, up to a maximum of $500; and
41.23    (ii) $70 per interceptor, separator, or catch basin design;
41.24    (6) manufactured home park or campground, one to 25 sites, $300;
41.25    (7) manufactured home park or campground, 26 to 50 sites, $350;
41.26    (8) manufactured home park or campground, 51 to 125 sites, $400;
41.27    (9) manufactured home park or campground, more than 125 sites, $500; and
41.28    (10) accelerated review, double the regular fee, one-half to be refunded if no
41.29response from the commissioner within 15 business days; and
41.30    (11) (10) revision to previously reviewed or incomplete plans:
41.31    (i) review of plans for which the commissioner has issued two or more requests for
41.32additional information, per review, $100 or ten percent of the original fee, whichever
41.33is greater;
41.34    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
41.35of original fee, whichever is greater; and
42.1    (iii) proposer-requested revision with an increase in project scope, $50 plus the
42.2difference between the original project fee and the revised project fee.
42.3EFFECTIVE DATE.This section is effective January 1, 2014.

42.4    Sec. 34. Minnesota Statutes 2012, section 326B.49, subdivision 3, is amended to read:
42.5    Subd. 3. Inspection Permits; fees. The commissioner shall charge the following
42.6fees for inspections under sections 326B.42 to 326B.49:
42.7
Residential inspection fee (each visit)
$
50
42.8
Public, Commercial, and Industrial Inspections
Inspection Fee
42.9
25 or fewer drainage fixture units
$
300
42.10
26 to 50 drainage fixture units
$
900
42.11
51 to 150 drainage fixture units
$
1,200
42.12
151 to 249 drainage fixture units
$
1,500
42.13
250 or more drainage fixture units
$
1,800
42.14
Callback fee (each visit)
$
100
42.15(a) Before commencement of a plumbing installation to be inspected by the
42.16commissioner, the plumbing contractor or registered plumbing employer performing the
42.17plumbing work must submit to the commissioner an application for a permit and the
42.18permit and inspection fees in paragraphs (b) to (f).
42.19(b) The permit fee is $100.
42.20(c) The residential inspection fee is $50 for each inspection trip.
42.21(d) The public, commercial, and industrial inspection fees are as follows:
42.22(1) for systems with water distribution, drain, waste, and vent system connection:
42.23(i) $25 for each fixture, permanently connected appliance, floor drain, or other
42.24appurtenance;
42.25    (ii) $25 for each water conditioning, water treatment, or water filtration system; and
42.26(iii) $25 for each interceptor, separator, catch basin, or manhole;
42.27(2) roof drains, $25 for each drain;
42.28(3) building sewer service only, $100;
42.29(4) building water service only, $100;
42.30(5) building water distribution system only, no drainage system, $5 for each fixture
42.31supplied;
42.32(6) storm drainage system, a minimum fee of $25 for each drain opening, interceptor,
42.33separator, or catch basin;
42.34(7) manufactured home park or campground, $25 for each site;
42.35(8) reinspection fee to verify corrections, regardless of the total fee submitted, $100
42.36for each reinspection; and
43.1(9) each $100 in fees paid covers one inspection trip.
43.2(e) In addition to the fees in paragraph (c), the fee submitter must pay an hourly rate of
43.3$80 during regular business hours, or $120 when inspections are requested to be performed
43.4outside of normal work hours or on weekends and holidays, with a two-hour minimum
43.5where the fee submitter requests inspections of installations as systems are being installed.
43.6(f) The fee submitter must pay a fee equal to two hours at the hourly rate of $80
43.7when inspections scheduled by the submitter are not able to be completed because the
43.8work is not complete.

43.9    Sec. 35. Minnesota Statutes 2012, section 326B.89, subdivision 1, is amended to read:
43.10    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
43.11have the meanings given them.
43.12    (b) "Gross annual receipts" means the total amount derived from residential
43.13contracting or residential remodeling activities, regardless of where the activities are
43.14performed, and must not be reduced by costs of goods sold, expenses, losses, or any
43.15other amount.
43.16    (c) "Licensee" means a person licensed as a residential contractor or residential
43.17remodeler.
43.18    (d) "Residential real estate" means a new or existing building constructed for
43.19habitation by one to four families, and includes detached garages.
43.20    (e) "Fund" means the contractor recovery fund.
43.21(f) "Owner" when used in connection with real property, means a person who has
43.22any legal or equitable interest in real property and includes a condominium or townhome
43.23association that owns common property located in a condominium building or townhome
43.24building or an associated detached garage. Owner does not include any real estate
43.25developer or any owner using, or intending to use, the property for a business purpose and
43.26not as owner-occupied residential real estate.

43.27    Sec. 36. Minnesota Statutes 2012, section 327B.04, subdivision 4, is amended to read:
43.28    Subd. 4. License prerequisites. No application shall be granted nor license issued
43.29until the applicant proves to the commissioner that:
43.30    (a) the applicant has a permanent, established place of business at each licensed
43.31location. An "established place of business" means a permanent enclosed building other
43.32than a residence, or a commercial office space, either owned by the applicant or leased by
43.33the applicant for a term of at least one year, located in an area where zoning regulations
43.34allow commercial activity, and where the books, records and files necessary to conduct
44.1the business are kept and maintained. The owner of a licensed manufactured home park
44.2who resides in or adjacent to the park may use the residence as the established place of
44.3business required by this subdivision, unless prohibited by local zoning ordinance.
44.4    If a license is granted, the licensee may use unimproved lots and premises for sale,
44.5storage, and display of manufactured homes, if the licensee first notifies the commissioner
44.6in writing;
44.7    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
44.8homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
44.9of the new manufactured home it proposes to deal in;
44.10    (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each
44.11agency and each subagency location that bears the applicant's name and the name under
44.12which the applicant will be licensed and do business in this state. Each bond is for the
44.13protection of consumer customers, and must be executed by the applicant as principal and
44.14issued by a surety company admitted to do business in this state. Each bond shall be
44.15exclusively for the purpose of reimbursing consumer customers and shall be conditioned
44.16upon the faithful compliance by the applicant with all of the laws and rules of this state
44.17pertaining to the applicant's business as a dealer or manufacturer, including sections
44.18325D.44 , 325F.67 and 325F.69, and upon the applicant's faithful performance of all its
44.19legal obligations to consumer customers; and (2) a certificate of liability insurance in
44.20the amount of $1,000,000 that provides aggregate coverage for the agency and each
44.21subagency location. In the event of a policy cancellation, the insurer shall send written
44.22notice to the commissioner at the same time that a cancellation request is received from
44.23or a notice is sent to the insured;
44.24    (d) the applicant has established a trust account as required by section 327B.08,
44.25subdivision 3
, unless the applicant states in writing its intention to limit its business to
44.26selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
44.27    (e) the applicant has provided evidence of having had at least two years' prior
44.28experience in the sale of manufactured homes, working for a licensed dealer. The
44.29applicant does not have to satisfy the two-year prior experience requirement if:
44.30(1) the applicant sells or brokers used manufactured homes as permitted under
44.31section 327B.01, subdivision 7; or
44.32    (2) the applicant:
44.33    (i) has met all other licensing requirements;
44.34    (ii) is the owner of a manufactured home park; and
44.35    (iii) is selling new manufactured homes installed in the manufactured home park
44.36that the applicant owns.

45.1    Sec. 37. Minnesota Statutes 2012, section 341.21, subdivision 3a, is amended to read:
45.2    Subd. 3a. Commissioner. "Commissioner" means the commissioner of labor
45.3and industry or a duly designated representative of the commissioner who is either an
45.4employee of the Department of Labor and Industry or a person working under contract
45.5with the department.

45.6    Sec. 38. Minnesota Statutes 2012, section 341.221, is amended to read:
45.7341.221 ADVISORY COUNCIL.
45.8(a) The commissioner must appoint a Combative Sports Advisory Council to advise
45.9the commissioner on the administration of duties under this chapter.
45.10(b) The council shall have nine members appointed by the commissioner. One
45.11member must be a retired judge of the Minnesota District Court, Minnesota Court of
45.12Appeals, Minnesota Supreme Court, the United States District Court for the District of
45.13Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
45.14knowledge of the boxing industry. At least four members must have knowledge of the
45.15mixed martial arts industry. The commissioner shall make serious efforts to appoint
45.16qualified women to serve on the council.
45.17(c) Council members shall serve terms of four years with the terms ending on the
45.18first Monday in January.
45.19(d) The council shall annually elect from its membership a chair.
45.20(e) The commissioner shall convene the first meeting of the council by July 1, 2012.
45.21The council shall elect a chair at its first meeting. Thereafter, Meetings shall be convened
45.22by the commissioner, or by the chair with the approval of the commissioner.
45.23(f) For the first appointments to the council, the commissioner shall appoint the
45.24members currently serving on the Combative Sports Commission established under
45.25section 341.22, to the council. The commissioner shall designate two of the members to
45.26serve until the first Monday in January 2013; two members to serve until the first Monday
45.27in January 2014; two members to serve until the first Monday in January 2015; and three
45.28members to serve until the first Monday in January 2016.
45.29(g) Removal of members, filling of vacancies, and compensation of members shall
45.30be as provided in section 15.059.

45.31    Sec. 39. Minnesota Statutes 2012, section 341.27, is amended to read:
45.32341.27 COMMISSIONER DUTIES.
45.33    The commissioner shall:
45.34    (1) issue, deny, renew, suspend, or revoke licenses;
46.1    (2) make and maintain records of its acts and proceedings including the issuance,
46.2denial, renewal, suspension, or revocation of licenses;
46.3    (3) keep public records of the council open to inspection at all reasonable times;
46.4    (4) develop rules to be implemented under this chapter;
46.5    (5) conform to the rules adopted under this chapter;
46.6    (6) develop policies and procedures for regulating boxing and mixed martial arts; and
46.7    (7) immediately suspend an individual license for a medical condition, including but
46.8not limited to a medical condition resulting from an injury sustained during a match, bout,
46.9or contest that has been confirmed by the ringside physician. The medical suspension must
46.10be lifted after the commissioner receives written information from a physician licensed in
46.11the home state of the licensee indicating that the combatant may resume competition, and
46.12any other information that the commissioner may by rule require. Medical suspensions
46.13are not subject to section 214.10. 326B.082 or the contested case procedures provided
46.14in sections 14.57 to 14.69; and
46.15    (8) immediately suspend an individual combatant license for a mandatory rest period,
46.16which must commence at the conclusion of every combative sports contest in which the
46.17license holder competes and does not receive a medical suspension. A rest suspension
46.18must automatically lift after seven calendar days from the date the combative sports
46.19contest passed without notice or additional proceedings. Rest suspensions are not subject
46.20to section 326B.082 or the contested case procedures provided in sections 14.57 to 14.69.

46.21    Sec. 40. Minnesota Statutes 2012, section 341.29, is amended to read:
46.22341.29 JURISDICTION OF COMMISSIONER.
46.23    The commissioner shall:
46.24    (1) have sole direction, supervision, regulation, control, and jurisdiction over all
46.25combative sport contests that are held within this state unless a contest is exempt from the
46.26application of this chapter under federal law;
46.27    (2) have sole control, authority, and jurisdiction over all licenses required by this
46.28chapter; and
46.29    (3) grant a license to an applicant if, in the judgment of the commissioner, the
46.30financial responsibility, experience, character, and general fitness of the applicant are
46.31consistent with the public interest, convenience, or necessity and the best interests of
46.32combative sports and conforms with this chapter and the commissioner's rules.; and
46.33    (4) deny, suspend, or revoke a license using the enforcement provisions of section
46.34326B.082.

47.1    Sec. 41. Minnesota Statutes 2012, section 341.30, subdivision 4, is amended to read:
47.2    Subd. 4. Prelicensure requirements. (a) Before the commissioner issues a license
47.3to a promoter, corporation, or other business entity, the applicant shall:
47.4    (1) provide the commissioner with a copy of any agreement between a combatant
47.5and the applicant that binds the applicant to pay the combatant a certain fixed fee or
47.6percentage of the gate receipts;
47.7    (2) show on the application the owner or owners of the applicant entity and the
47.8percentage of interest held by each owner holding a 25 percent or more interest in the
47.9applicant;
47.10    (3) provide the commissioner with a copy of the latest financial statement of the
47.11entity; and
47.12    (4) provide the commissioner with a copy or other proof acceptable to the
47.13commissioner of the insurance contract or policy required by this chapter.
47.14    (b) Before the commissioner issues a license to a promoter, the applicant shall
47.15deposit with the commissioner a cash bond or surety bond in an amount set by the
47.16commissioner, which must not be less than $10,000. The bond shall be executed in favor
47.17of this state and shall be conditioned on the faithful performance by the promoter of the
47.18promoter's obligations under this chapter and the rules adopted under it. An applicant for a
47.19license as a promoter and licensed promoters shall submit an application for each event a
47.20minimum of six weeks before the combative sport contest is scheduled to occur.
47.21    (c) Before the commissioner issues a license to a combatant, the applicant shall
47.22submit to the commissioner:
47.23    (1) a mixed martial arts combatant national identification number or federal boxing
47.24identification number that is unique to the applicant, or both; and
47.25    (2) the results of a current medical examination on forms furnished or approved
47.26by the commissioner. The medical examination must include an ophthalmological and
47.27neurological examination, and documentation of test results for HBV, HCV, and HIV, and
47.28any other blood test as the commissioner by rule may require. The ophthalmological
47.29examination must be designed to detect any retinal defects or other damage or condition
47.30of the eye that could be aggravated by combative sports. The neurological examination
47.31must include an electroencephalogram or medically superior test if the combatant has
47.32been knocked unconscious in a previous contest. The commissioner may also order an
47.33electroencephalogram or other appropriate neurological or physical examination before
47.34any contest if it determines that the examination is desirable to protect the health of the
47.35combatant. The commissioner shall not issue a license to an applicant submitting positive
47.36test results for HBV, HCV, or HIV.

48.1    Sec. 42. Minnesota Statutes 2012, section 341.32, subdivision 2, is amended to read:
48.2    Subd. 2. Expiration and renewal. A license issued after July 1, 2007, is valid for
48.3one year from the date it is issued and Licenses expire annually on December 31, and may
48.4be renewed by filing an application for renewal with the commissioner and payment of the
48.5license fees established in section 341.321. An application for a license and renewal of a
48.6license must be on a form provided by the commissioner. There is a 30-day grace period
48.7during which a license may be renewed if a late filing penalty fee equal to the license fee
48.8is submitted with the regular license fee. A licensee that files late shall not conduct any
48.9activity regulated by this chapter until the commissioner has renewed the license. If the
48.10licensee fails to apply to the commissioner within the 30-day grace period, the licensee
48.11must apply for a new license under subdivision 1.

48.12    Sec. 43. Minnesota Statutes 2012, section 341.321, is amended to read:
48.13341.321 FEE SCHEDULE.
48.14    (a) The fee schedule for professional licenses issued by the commissioner is as
48.15follows:
48.16    (1) referees, $45 $80 for each initial license and each renewal;
48.17    (2) promoters, $400 $700 for each initial license and each renewal;
48.18    (3) judges and knockdown judges, $45 $80 for each initial license and each renewal;
48.19    (4) trainers, $45 $80 for each initial license and each renewal;
48.20    (5) ring announcers, $45 $80 for each initial license and each renewal;
48.21    (6) seconds, $45 $80 for each initial license and each renewal;
48.22    (7) timekeepers, $45 $80 for each initial license and each renewal;
48.23    (8) combatants, $45 $120 for each initial license and each renewal;
48.24    (9) managers, $45 $80 for each initial license and each renewal; and
48.25    (10) ringside physicians, $45 $80 for each initial license and each renewal.
48.26In addition to the license fee and the late filing penalty fee in section 341.32, subdivision
48.272
, if applicable, an individual who applies for a professional license on the same day the
48.28combative sporting event is held shall pay a late fee of $100 plus the original license fee of
48.29$45 $120 at the time the application is submitted.
48.30    (b) The fee schedule for amateur licenses issued by the commissioner is as follows:
48.31    (1) referees, $45 $80 for each initial license and each renewal;
48.32    (2) promoters, $400 $700 for each initial license and each renewal;
48.33    (3) judges and knockdown judges, $45 $80 for each initial license and each renewal;
48.34    (4) trainers, $45 $80 for each initial license and each renewal;
48.35    (5) ring announcers, $45 $80 for each initial license and each renewal;
49.1    (6) seconds, $45 $80 for each initial license and each renewal;
49.2    (7) timekeepers, $45 $80 for each initial license and each renewal;
49.3    (8) combatant, $25 $60 for each initial license and each renewal;
49.4    (9) managers, $45 $80 for each initial license and each renewal; and
49.5    (10) ringside physicians, $45 $80 for each initial license and each renewal.
49.6    (c) The commissioner shall establish a contest fee for each combative sport contest.
49.7The professional combative sport contest fee is $1,500 per event or not more than four
49.8percent of the gross ticket sales, whichever is greater, as determined by the commissioner
49.9when the combative sport contest is scheduled, except that the amateur combative sport
49.10contest fee shall be $500 $1,500 or not more than four percent of the gross ticket sales,
49.11whichever is greater. The commissioner shall consider the size and type of venue when
49.12establishing a contest fee. The commissioner may establish the maximum number
49.13of complimentary tickets allowed for each event by rule. A professional or amateur
49.14combative sport contest fee is nonrefundable.
49.15    (d) All fees and penalties collected by the commissioner must be deposited in the
49.16commissioner account in the special revenue fund.

49.17    Sec. 44. JOB-BASED EDUCATION AND APPRENTICESHIP PROGRAM
49.18(JEAP) FOR MANUFACTURING INDUSTRIES.
49.19    Subdivision 1. Creation. The commissioner of labor and industry, in collaboration
49.20with the Board of Trustees of the Minnesota State Colleges and Universities (MnSCU)
49.21and employers, shall develop JEAP for manufacturing industries that integrates academic
49.22instruction and job-related learning in the workplace and through MnSCU institutions.
49.23The commissioner shall actively recruit participants in JEAP, through the Web-based hub
49.24created in subdivision 4 and other means, from the following groups: secondary and
49.25postsecondary school systems; individuals with disabilities; dislocated workers; retired
49.26and disabled veterans; individuals enrolled in MFIP under Minnesota Statutes, chapter
49.27256J; minorities; previously incarcerated individuals; individuals residing in labor surplus
49.28areas as defined by the United States Department of Labor; and any other disadvantaged
49.29group as determined by the commissioner.
49.30    Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
49.31subdivision have the meanings given them.
49.32(b) "Board of Trustees of the Minnesota State Colleges and Universities" has the
49.33meaning given in Minnesota Statutes, section 136F.01.
49.34(c) "Commissioner" means the commissioner of labor and industry.
50.1(d) "Employer" means a skilled manufacturing employer within the state who enters
50.2into the agreements with MnSCU and the commissioner of labor under subdivisions 4 to 6.
50.3(e) "Hub" or "the hub" means the Web-based listing of skilled manufacturing jobs
50.4under subdivision 3.
50.5(f) "MnSCU institution" means the local college or university providing instruction
50.6to the participant.
50.7(g) "Participant" means an employee who:
50.8(1) enters into a JEAP participation agreement under subdivision 6; and
50.9(2) is successfully admitted to a MnSCU institution, if applicable.
50.10(h) "Related instruction" means classroom instruction or technical or vocational
50.11training required to perform the duties of the skilled manufacturing job.
50.12(i) "Skilled manufacturing" means occupations in manufacturing industry sectors 31
50.13to 33 as defined by the North American Industry Classification System (NAICS).
50.14    Subd. 3. Job-seekers hub. (a) The commissioner shall develop a centralized
50.15Web-based skilled manufacturing job-seekers hub that matches the needs of employers
50.16with job seekers.
50.17(b) An employer may advertise a JEAP or other job opportunity on the hub if the
50.18employer:
50.19(1) collaborates with a MnSCU institution to assist with the development of any
50.20necessary classroom instruction or technical or vocational training that may be required to
50.21perform the duties of the skilled manufacturing job;
50.22(2) collaborates with the commissioner of labor and industry to create a JEAP under
50.23subdivision 4;
50.24(3) abides by the terms of the JEAP employer agreement under subdivision 4; and
50.25(4) employs the participant under the terms of a JEAP participation agreement under
50.26subdivision 5 for the duration of the modified apprenticeship program and, assuming
50.27successful completion, makes reasonable efforts to continue to employ the participant as a
50.28regular employee.
50.29(c) Job seekers seeking skilled manufacturing jobs advertised on the hub agree to
50.30abide by the terms of the JEAP participation agreement under subdivision 5.
50.31(d) The Board of Trustees of MnSCU and MnSCU institutions shall provide
50.32information for the hub describing the related instruction component of JEAP through
50.33data exchange.
50.34    Subd. 4. JEAP employer agreement. (a) The commissioner, eligible employer,
50.35and MnSCU institution shall enter into a JEAP employer agreement that is specific to the
50.36identified manufacturing training needs of an employer.
51.1(b) The agreement must contain the following:
51.2(1) the name of the employer;
51.3(2) a statement showing the number of hours to be spent by a participant in work and
51.4the number of hours to be spent, if any, in concurrent, supplementary instruction in related
51.5subjects. The maximum number of hours of work per week, not including time spent in
51.6related instruction, for any participant shall not exceed either the number prescribed by
51.7law or the customary regular number of hours per week for the employees of the company
51.8by which the participant is employed. A participant may be allowed to work overtime
51.9provided that the overtime work does not conflict with supplementary instruction course
51.10attendance. All time spent by the participant in excess of the number of hours of work per
51.11week as specified in the JEAP participation agreement shall be considered overtime;
51.12(3) a statement showing the schedule of wages that a participant will earn, including
51.13a probationary period, if any;
51.14(4) an explanation of how the employer agreement or participant agreement may
51.15be terminated;
51.16(5) a statement setting forth a schedule of the processes in the occupation in which
51.17the participant is to be trained and the approximate time to be spent at each process;
51.18(6) a statement by the MnSCU institution and the employer describing the related
51.19instruction that will be offered, if any, under subdivision 6, paragraph (c); and
51.20(7) any other provision the commissioner deems necessary to carry out the purposes
51.21of this section.
51.22    Subd. 5. JEAP participation agreement. (a) The commissioner, the prospective
51.23participant, and the employer shall enter into a JEAP participation agreement that is
51.24specific to the manufacturing training to be provided to the participant.
51.25(b) The participation agreement must contain the following:
51.26(1) the name of the employer;
51.27(2) the name of the participant;
51.28(3) a statement setting forth a schedule of the processes of the occupation in which
51.29the participant is to be trained and the approximate time to be spent at each process;
51.30(4) a description of any related instruction;
51.31(5) a statement showing the number of hours to be spent by a participant in work and
51.32the number of hours to be spent, if any, in concurrent, supplementary instruction in related
51.33subjects. The maximum number of hours of work per week, not including time spent in
51.34related instruction, for any participant shall not exceed either the number prescribed by
51.35law or the customary regular number of hours per week for the employees of the company
51.36by which the participant is employed. A participant may be allowed to work overtime
52.1provided that the overtime work does not conflict with supplementary instruction course
52.2attendance. All time spent by the participant in excess of the number of hours of work per
52.3week as specified in the JEAP participation agreement shall be considered overtime;
52.4(6) a statement showing the schedule of wages that a participant will earn, including
52.5a probationary period, if any; and
52.6(7) an explanation of how the parties may terminate the participation agreement.
52.7(c) If a JEAP participation agreement meets the requirements of Minnesota
52.8Statutes, section 178.07, the commissioner may approve the participation agreement
52.9as an apprenticeship agreement.
52.10(d) The commissioner may periodically review the adherence to the terms of
52.11the JEAP participation agreement. If the commissioner determines that an employer
52.12or participant has failed to comply with the terms of a participation agreement, the
52.13commissioner shall terminate the participation agreement.
52.14    Subd. 6. MnSCU instruction. (a) MnSCU institutions shall collaborate with
52.15employers to provide related instruction which the employer deems necessary to instruct
52.16participants of JEAP. The related instruction provided must be, for the purposes of this
52.17section, career-level, as negotiated by the commissioner and the MnSCU institution. The
52.18related instruction may be for credit or noncredit, and credit earned may be transferable to
52.19a degree program, as determined by the MnSCU institution.
52.20(b) The commissioner, in conjunction with the MnSCU institution, shall issue a
52.21certificate of completion to a participant who completes all required components of the
52.22JEAP participation agreement.
52.23(c) As part of the JEAP, an employer shall collaborate with a MnSCU institution for
52.24any related instruction required to perform the skilled manufacturing job. The employer
52.25agreement shall include:
52.26(1) a detailed explanation of the related instruction; and
52.27(2) the number of hours of related instruction needed to receive a certificate of
52.28completion.
52.29(d) Before entering into a JEAP participation agreement under subdivision 6, a
52.30prospective participant must enroll in the MnSCU institution at which the required
52.31instruction will occur. Acceptance into JEAP does not guarantee enrollment as a
52.32degree-seeking student in good standing at a MnSCU institution. The MnSCU institution
52.33may modify admission procedures and requirements for participants applying for JEAP
52.34under this section.
52.35    Subd. 7. Expiration. JEAP does not expire unless jointly agreed to by both the
52.36Board of Trustees of MnSCU and the commissioner.

53.1    Sec. 45. IMPLEMENTATION; REPORT.
53.2The commissioner shall implement JEAP for manufacturing industries under
53.3Minnesota Statutes, section 178A.10, at Century College, Alexandria Technical and
53.4Community College, Hennepin Technical College, and Central Lakes College. By January
53.515, 2015, the commissioner and the Board of Trustees of MnSCU, in conjunction with
53.6each MnSCU institution listed in this section, shall report to the legislative committees
53.7with jurisdiction over jobs. The report must address the progress and success of the
53.8implementation of JEAP at each individual MnSCU institution listed in this section. The
53.9report must give recommendations on where JEAP should next be implemented, taking
53.10into consideration all current and potential manufacturing training providers available.

53.11    Sec. 46. REPEALER.
53.12(a) Minnesota Statutes 2012, sections 326B.31, subdivisions 18, 19, and 22; and
53.13326B.978, subdivision 4, are repealed.
53.14(b) Minnesota Rules, parts 1307.0032; 3800.3520, subpart 5, items C and D; and
53.153800.3602, subpart 2, item B, subitems (5) and (6), are repealed.

53.16ARTICLE 3
53.17EMPLOYMENT, ECONOMIC DEVELOPMENT, AND
53.18WORKFORCE DEVELOPMENT

53.19    Section 1. [116J.013] COST-OF-LIVING STUDY; ANNUAL REPORT.
53.20(a) The commissioner shall conduct an annual cost-of-living study in Minnesota.
53.21The study shall include:
53.22(1) a calculation of the statewide basic needs cost of living, adjusted for family size;
53.23(2) a calculation of the basic needs cost of living, adjusted for family size, for each
53.24county;
53.25(3) an analysis of statewide and county cost-of-living data, employment data, and
53.26job vacancy data; and
53.27(4) recommendations to aid in the assessment of employment and economic
53.28development planning needs throughout the state.
53.29(b) The commissioner shall report on the cost-of-living study and recommendations
53.30by February 1 of each year to the governor and to the chairs of the standing committees
53.31of the house of representatives and the senate having jurisdiction over employment and
53.32economic development issues.

54.1    Sec. 2. [116J.4011] LABOR MARKET INFORMATION DATA PRODUCTION
54.2REQUIREMENT.
54.3(a) As part of the commissioner's obligation under section 116J.401, the
54.4commissioner must, in collaboration with the Office of Higher Education and local
54.5workforce center boards, publish labor market analysis supply and demand reports,
54.6statewide and by region. The supply and demand reports must:
54.7(1) identify the state and regional industry sectors and occupations with the highest
54.8current and projected job growth;
54.9(2) identify top job vacancies by state and regional industry sectors and occupations;
54.10(3) provide information on the education attainment of the current state and regional
54.11workforce;
54.12(4) identify the expected number of graduates in industry-recognized credential and
54.13degree programs by career field;
54.14(5) identify the completion rate and average debt per student of industry-recognized
54.15credential and degree programs by career field;
54.16(6) identify higher education institutions offering industry-recognized credential and
54.17degree programs in high job-growth career fields;
54.18(7) make projections on future state and regional job growth by education level; and
54.19(8) utilize employer surveys to identify the credentials and skills needed for
54.20employment in high job-growth occupations.
54.21(b) The statewide report and regional reports shall each present side-by-side
54.22comparisons of:
54.23(1) new job growth and total job openings by education level compared with
54.24educational attainment levels of current workforce;
54.25(2) current and projected top high-growth, high-pay industries by number of new
54.26jobs and median salaries compared with top annual graduates by major or credential; and
54.27(3) top job vacancies requiring some postsecondary credential. Each of these
54.28vacancies should be directly linked to information about what credentials are required,
54.29where in the state and region those credentials can be obtained, the completion and
54.30credential attainment rate of each of those credential programs, the average debt per
54.31student who attains each credential, and median wages for the job vacancy.
54.32(c) Reports required by this section must be regularly reviewed by regional
54.33employers and educators to ensure accuracy.
54.34(d) Reports required by this section must be easily accessible, easily readable, and
54.35prominently presented on the Department of Employment and Economic Development
54.36Web site and Web sites of workforce centers.

55.1    Sec. 3. Minnesota Statutes 2012, section 116J.8731, subdivision 2, is amended to read:
55.2    Subd. 2. Administration. Except as otherwise provided in this section, the
55.3commissioner shall administer the fund as part of the Small Cities Development Block
55.4Grant Program. and funds shall be made available to local communities and recognized
55.5Indian tribal governments in accordance with the rules adopted for economic development
55.6grants in the small cities community development block grant program, except that.
55.7 All units of general purpose local government are eligible applicants for Minnesota
55.8investment funds. The commissioner may provide forgivable loans directly to a private
55.9enterprise and not require a local community or recognized Indian tribal government
55.10application other than a resolution supporting the assistance. Eligible applicants for the
55.11state-funded portion of the fund also include development authorities as defined in section
55.12116J.552, subdivision 4, provided that the governing body of the municipality approves,
55.13by resolution, the application of the development authority. The commissioner may also
55.14make funds available within the department for eligible expenditures under subdivision 3,
55.15clause (2). A home rule charter or statutory city, county, or town may loan or grant money
55.16received from repayment of funds awarded under this section to a regional development
55.17commission, other regional entity, or statewide community capital fund as determined by
55.18the commissioner, to capitalize or to provide the local match required for capitalization of
55.19a regional or statewide revolving loan fund.

55.20    Sec. 4. Minnesota Statutes 2012, section 116J.8731, subdivision 3, is amended to read:
55.21    Subd. 3. Eligible expenditures. The money appropriated for this section may
55.22be used to:
55.23(1) fund loans or grants for infrastructure, loans, loan guarantees, interest buy-downs,
55.24and other forms of participation with private sources of financing, provided that a loan to
55.25a private enterprise must be for a principal amount not to exceed one-half of the cost of
55.26the project for which financing is sought;
55.27(2) fund strategic investments in renewable energy market development, such as
55.28low interest loans for renewable energy equipment manufacturing, training grants to
55.29support renewable energy workforce, development of a renewable energy supply chain
55.30that represents and strengthens the industry throughout the state, and external marketing
55.31to garner more national and international investment into Minnesota's renewable sector.
55.32Expenditures in external marketing for renewable energy market development are not
55.33subject to the limitations in clause (1); and
55.34(3) provide private entrepreneurs with training, other technical assistance, and
55.35financial assistance, as provided in the small cities development block grant program.

56.1    Sec. 5. Minnesota Statutes 2012, section 116J.8731, subdivision 8, is amended to read:
56.2    Subd. 8. Disaster contingency account; repayments. There is created a Minnesota
56.3investment fund disaster contingency account in the special revenue fund. Repayment of
56.4loan amounts to the local government unit or development authority under this section
56.5shall be forwarded to the commissioner and deposited in the disaster contingency account
56.6in the Minnesota investment fund to be appropriated by law for future disaster relief.

56.7    Sec. 6. Minnesota Statutes 2012, section 116J.8731, subdivision 9, is amended to read:
56.8    Subd. 9. Requirements for assistance. (a) All awards under section 12A.07 are
56.9subject to the following requirements in this subdivision.
56.10(a) Eligible applicants include the following:
56.11(b) Eligible applicants are subject to the following requirements:
56.12(1) Applicants may be any business or nonprofit organization in the area included
56.13in the disaster declaration that was directly and adversely affected by the disaster. This
56.14includes: businesses, cooperatives, utilities, industrial, commercial, retail, and nonprofit
56.15organizations, including those nonprofits that provide residential, health care, child care,
56.16social, or other services on behalf of the Department of Human Services to residents
56.17included in the disaster area.
56.18    (2) Business applicants must be organized as a proprietorship, partnership, LLC, or
56.19a corporation.
56.20    (3) Applicants must have been in operation before the date of the disaster.
56.21    (b) Eligible activities. (c) Loan funds may be used to assist businesses only in their
56.22recovery efforts but are not available to provide relief from economic losses.
56.23    (c) Eligible costs. (d) Eligible costs may include the following: repair of buildings,
56.24leasehold improvements, fixtures and/or equipment, loss of inventory, and cleanup costs.
56.25    (d) (e) Ineligible activities include all of the following:
56.26    (1) Ineligible applicants. Any applicants not meeting the eligibility requirements
56.27outlined in this subdivision are ineligible to receive recovery loan funds.
56.28    (2) Ineligible activities. Funds may not be used for lending or investment operations,
56.29land speculation, or any activity deemed illegal by federal, state, or local law or ordinance.
56.30    (3) Ineligible costs. Ineligible costs include but are not limited to: economic injury
56.31losses, relocation, management fees, financing costs, franchise fees, debt consolidation,
56.32moving costs, refinancing debt existing prior to the date of the disaster, and operating costs.
56.33    (e) (f) Loan application:
56.34    (1) Application process. All parties seeking recovery loan funds must file an
56.35application with the local unit of government or development authority. Small Business
57.1Administration (SBA) application forms may be used. Applications must be transmitted
57.2in the form and manner prescribed by the commissioner.
57.3    (f) Application information. (g) Only completed applications will be reviewed for
57.4consideration. Submittal of the following information constitutes a complete application:
57.5    (1) Minnesota investment fund recovery loan fund application;
57.6    (2) business SBA disaster application, if applicable;
57.7    (3) regional development organization or responsible local government application,
57.8if applicable;
57.9    (4) administrative contact;
57.10    (5) business release for local government to review SBA damage assessment/loss
57.11verification, if applicable;
57.12    (6) proof of loss statement from insurer;
57.13    (7) construction cost estimates;
57.14    (8) invoices for work completed;
57.15    (9) quotes for equipment;
57.16    (10) proposed security;
57.17    (11) company historical financial statements for the 24 months immediately prior to
57.18the application date;
57.19    (12) credit check release;
57.20    (13) number of jobs to be retained;
57.21    (14) wages paid;
57.22    (15) amount of loan request;
57.23    (16) documentation of damages incurred;
57.24    (17) property taxes paid and current;
57.25    (18) judgments, liens, agreements, consent decrees, stipulations for settlements, or
57.26other such actions which would prevent the applicant from participating in any program
57.27administered by the responsible local, state, or regional government;
57.28    (19) compliance with all applicable local ordinances and plans;
57.29    (20) documentation through financial and tax records that the business was a viable
57.30operating entity at the time of the flood;
57.31    (21) business tax identification number; and
57.32    (22) other documentation as requested.
57.33    (g) (h) Incomplete applications will be assigned pending status and the applicant
57.34will be informed in writing of the missing documentation.
57.35    (h) Determination of eligibility. (i) Applicant eligibility will be determined using
57.36criteria enumerated in paragraph (a) (b). A credit check for the company and each of its
58.1principal owners may be conducted. An owner's encumbrance report will be completed
58.2by the Recorder's Office.
58.3    (j) A grant recipient is eligible for assistance provided under this section only after the
58.4recipient has claimed all applicable private insurance and the recipient has utilized all other
58.5sources of applicable assistance available under the act appropriating funding for the grant.

58.6    Sec. 7. [116J.8748] MINNESOTA JOB CREATION FUND.
58.7    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
58.8have the meanings given them.
58.9(b) "Agreement" or "business subsidy agreement" means a business subsidy
58.10agreement under section 116J.994 that must include, but is not limited to: specification
58.11of the duration of the agreement, job goals and a timeline for achieving those goals over
58.12the duration of the agreement, construction and other investment goals and a timeline for
58.13achieving those goals over the duration of the agreement, and the value of benefits the
58.14firm may receive following achievement of construction and employment goals. The local
58.15government and business must report to the commissioner on the business performance
58.16using the forms developed by the commissioner.
58.17(c) "Business" means an individual, corporation, partnership, limited liability
58.18company, association, or other entity.
58.19(d) "Capital investment" means money that is expended for the purpose of building
58.20or improving real fixed property where employees under paragraphs (g) and (h) are or will
58.21be employed and also includes construction materials, services, and supplies.
58.22(e) "Commissioner" means the commissioner of employment and economic
58.23development.
58.24(f) "Minnesota job creation fund business" means a business that is designated
58.25by the commissioner under subdivision 3.
58.26(g) "New full-time employee" means an employee who:
58.27(1) begins work at a Minnesota job creation fund business facility noted in a business
58.28subsidy agreement and following the designation as a job creation fund business; and
58.29(2) has expected work hours of at least 2,080 hours annually.
58.30(h) "Retained job" means a full-time position:
58.31(1) that existed at the facility prior to the designation as a job creation fund business;
58.32and
58.33(2) has expected work hours of at least 2,080 hours annually.
58.34(i) "Wages" has the meaning given in section 290.92, subdivision 1, clause (1).
59.1    Subd. 2. Application. (a) In order to qualify for designation as a Minnesota job
59.2creation fund business under subdivision 3, a business must submit an application to the
59.3local government entity where the facility is or will be located.
59.4(b) A local government must submit the business application along with other
59.5application materials to the commissioner for approval.
59.6(c) The applications required under paragraphs (a) and (b) must be in the form and
59.7be made under the procedures specified by the commissioner.
59.8    Subd. 3. Minnesota job creation fund business designation; requirements. (a)
59.9To receive designation as a Minnesota job creation fund business, a business must satisfy
59.10all of the following conditions:
59.11(1) the business is or will be engaged in, within Minnesota, one of the following
59.12as its primary business activity:
59.13(i) manufacturing;
59.14(ii) warehousing;
59.15(iii) distribution;
59.16(iv) information technology;
59.17(v) finance;
59.18(vi) insurance; or
59.19(vii) professional or technical services;
59.20(2) the business must not be primarily engaged in lobbying, gambling, entertainment,
59.21professional sports, political consulting, leisure, hospitality, or professional services
59.22provided by attorneys, accountants, business consultants, physicians, or health care
59.23consultants, or primarily engaged in making retail sales to purchasers who are physically
59.24present at the business's location;
59.25(3) the business must enter into a binding construction and job creation business
59.26subsidy agreement with the commissioner to expend at least $500,000 in capital
59.27investment in a construction project that includes a new, expanded, or remodeled facility
59.28within one year following designation as a Minnesota job creation fund business and:
59.29(i) create at least ten new full-time employee positions within two years of the
59.30benefit date following the designation as a Minnesota job creation fund business; or
59.31(ii) expend at least $25,000,000 in capital investment and retain at least 50 employees;
59.32(4) positions or employees moved or relocated from another Minnesota location
59.33of the Minnesota job creation fund business must not be included in any calculation or
59.34determination of job creation or new positions under this paragraph; and
60.1(5) a Minnesota job creation fund business must not terminate, lay off, or reduce
60.2the working hours of an employee for the purpose of hiring an individual to satisfy job
60.3creation goals under this subdivision.
60.4(b) Prior to approving the proposed designation of a business under this subdivision,
60.5the commissioner shall consider the following:
60.6(1) the economic outlook of the industry in which the business engages;
60.7(2) the projected sales of the business that will be generated from outside the state
60.8of Minnesota;
60.9(3) how the business will build on existing regional, national, and international
60.10strengths to diversify the state's economy;
60.11(4) whether the business activity would occur without financial assistance;
60.12(5) whether the business is unable to expand at an existing Minnesota operation
60.13due to facility or land limitations;
60.14(6) whether the business has viable location options outside Minnesota;
60.15(7) the effect of financial assistance on industry competitors in Minnesota;
60.16(8) financial contributions to the project made by local governments; and
60.17(9) any other criteria the commissioner deems necessary.
60.18(c) Upon receiving notification of local approval under subdivision 2, the
60.19commissioner shall review the determination by the local government and consider the
60.20conditions listed in paragraphs (a) and (b) to determine whether it is in the best interests of
60.21the state and local area to designate a business as a Minnesota job creation fund business.
60.22(d) If the commissioner designates a business as a Minnesota job creation fund
60.23business, the business subsidy agreement shall include the performance outcome
60.24commitments and the expected financial value of any Minnesota job creation fund benefits.
60.25(e) The commissioner may amend an agreement once, upon request of a local
60.26government on behalf of a business, only if the performance is expected to exceed
60.27thresholds stated in the original agreement.
60.28(f) A business may apply to be designated as a Minnesota job creation fund business
60.29at the same location more than once only if all goals under a previous Minnesota job
60.30creation fund agreement have been met and the agreement is completed.
60.31    Subd. 4. Certification; benefits. (a) The commissioner may certify a Minnesota job
60.32creation fund business as eligible to receive a specific value of benefit under paragraphs
60.33(b) and (c) when the business has achieved its job creation and construction goals noted in
60.34its agreement under subdivision 3.
60.35(b) A qualified Minnesota job creation fund business may be certified eligible for the
60.36benefits in this paragraph for up to five years for projects located in the metropolitan area
61.1as defined in section 200.02, subdivision 24, and seven years for projects located outside
61.2the metropolitan area, as determined by the commissioner when considering the best
61.3interests of the state and local area. The eligibility for the following benefits begins the
61.4date the commissioner certifies the business as a qualified Minnesota job creation fund
61.5business under this subdivision:
61.6(1) up to five percent rebate for projects located in the metropolitan area as
61.7defined in section 200.02, subdivision 24, and 7.5 percent for projects located outside
61.8the metropolitan area, on capital investment on qualifying purchases as provided in
61.9subdivision 5 with the total rebate for a project not to exceed $500,000;
61.10(2) an award of up to $500,000 based on full-time job creation and wages paid as
61.11provided in subdivision 6 with the total award not to exceed $500,000;
61.12(3) up to $1,000,000 in capital investment rebates and $1,000,000 in job creation
61.13awards for projects that have at least $25,000,000 in capital investment and 200 new
61.14employees; and
61.15(4) up to $1,000,000 in capital investment rebates for projects that have at least
61.16$25,000,000 in capital investment and 50 retained employees.
61.17(c) The job creation award may be provided in multiple years as long as the qualified
61.18Minnesota job creation fund business continues to meet the job creation goals provided
61.19for in its agreement under subdivision 3 and the total award does not exceed $500,000
61.20except as provided under paragraph (b), clauses (3) and (4).
61.21(d) No rebates or award may be provided until the Minnesota job creation fund
61.22business has at least $500,000 in capital investment in the project and at least ten full-time
61.23jobs have been created and maintained for at least one year or the retained employees, as
61.24provided in paragraph (b), clause (4), remain for at least one year. The agreement may
61.25require additional performance outcomes that need to be achieved before rebates and
61.26awards are provided. If fewer retained jobs are maintained, but still above the minimum
61.27under this subdivision, the capital investment award shall be reduced on a proportionate
61.28basis.
61.29(e) The forms needed to be submitted to document performance by the Minnesota
61.30job creation fund business must be in the form and be made under the procedures specified
61.31by the commissioner. The forms shall include documentation and certification by the
61.32business that it is in compliance with the business subsidy agreement, sections 116J.871
61.33and 116L.66, and other provisions as specified by the commissioner.
61.34(f) Minnesota job creation fund businesses must pay each new full-time employee
61.35added pursuant to the agreement total compensation, including benefits not mandated by
62.1law, that on an annualized basis is equal to at least 110 percent of the federal poverty
62.2level for a family of four.
62.3(g) A Minnesota job creation fund business must demonstrate reasonable progress
62.4on its capital investment expenditures within six months following designation as a
62.5Minnesota job creation fund business to ensure that the capital investment goal in the
62.6agreement under subdivision 1 will be met. The commissioner may determine that
62.7a business not making reasonable progress will not be eligible for benefits under the
62.8submitted application and will need to work with the local government unit to submit a
62.9new application and request to be a Minnesota job creation fund business. Notwithstanding
62.10any six-month goals noted in its agreement under subdivision 1, this action shall not be
62.11considered a default of the business subsidy agreement.
62.12    Subd. 5. Capital investment rebate. (a) A qualified Minnesota job creation fund
62.13business is eligible for a rebate on the purchase and use of construction materials, services,
62.14and supplies used for or consumed in the construction project as described in the goals
62.15under the agreement provided under subdivision 1, paragraph (b).
62.16(b) The rebate under this subdivision applies regardless of whether the purchases are
62.17made by the qualified Minnesota job creation fund business or a contractor hired to perform
62.18work or provide services at the qualified Minnesota job creation fund business location.
62.19(c) Minnesota job creation fund businesses seeking the rebate for capital investment
62.20provided under subdivision 4 must submit forms and applications to the Department of
62.21Employment and Economic Development as prescribed by the commissioner of each
62.22department.
62.23    Subd. 6. Job creation award. (a) A qualified Minnesota job creation fund business
62.24is eligible for an annual award for each new job created and maintained by the business
62.25using the following schedule: $1,000 for each job position paying annual wages at least
62.26$26,000 but less than $35,000; $2,000 for each job position paying at least $35,000 but
62.27less than $45,000; and $3,000 for each job position paying at least $45,000; and as noted
62.28in the goals under the agreement provided under subdivision 1.
62.29(b) The job creation award schedule must be adjusted annually using the percentage
62.30increase in the federal poverty level for a family of four.
62.31(c) Minnesota job creation fund businesses seeking an award credit provided under
62.32subdivision 4 must submit forms and applications to the Department of Employment and
62.33Economic Development as prescribed by the commissioner.
62.34EFFECTIVE DATE.This section is effective January 1, 2014.

62.35    Sec. 8. [116J.9661] TRADE POLICY ADVISORY GROUP.
63.1    Subdivision 1. Establishment. A trade policy advisory group is established to
63.2advise and assist the governor and the legislature regarding government procurement
63.3agreements of United States trade agreements.
63.4    Subd. 2. Membership. (a) The trade policy advisory group shall be appointed by
63.5the governor and comprised of 12 members as follows:
63.6(1) two representatives of organized labor;
63.7(2) a representative of an organization representing environmental interests;
63.8(3) a representative of organizations representing family farmers;
63.9(4) two representatives from business and industry;
63.10(5) a representative of a nonprofit organization focused on international trade and
63.11development;
63.12(6) the commissioner of employment and economic development or the
63.13commissioner's designee;
63.14(7) two senators, including one member from the majority party and one member
63.15from the minority party, appointed by the Subcommittee on Committees of the Committee
63.16on Rules and Administration of the senate; and
63.17(8) two members of the house of representatives, including one member appointed
63.18by the speaker of the house and one member appointed by the minority leader.
63.19(b) Members of the trade policy advisory group shall serve for a term of two years
63.20and may be reappointed. Members shall serve until their successors have been appointed.
63.21(c) The trade policy advisory group may invite representatives from other state
63.22agencies, industries, trade and labor organizations, nongovernmental organizations, and
63.23local governments to join the group as nonvoting ex officio members.
63.24    Subd. 3. Administration. (a) The commissioner of employment and economic
63.25development or the commissioner's designee shall:
63.26(1) coordinate with the other appointing authorities to designate their representatives;
63.27and
63.28(2) provide meeting space and administrative services for the group.
63.29(b) The members shall elect a chair from the legislative members of the working
63.30group. The chair will assume responsibility for convening future meetings of the group.
63.31(c) Public members of the advisory group serve without compensation or payment of
63.32expenses.
63.33    Subd. 4. Duties. The trade policy advisory group shall:
63.34(1) serve as an advisory group to the governor and the legislature on matters relating
63.35to government procurement agreements of United States trade agreements;
64.1(2) assess the potential impact of government procurement agreements on the state's
64.2economy;
64.3(3) advise the governor and the legislature of the group's findings and make
64.4recommendations, including any draft legislation necessary to implement the
64.5recommendations, to the governor and the legislature;
64.6(4) determine, on a case-by-case basis, the impact of a specific government
64.7procurement agreement by requesting input from state agencies, seeking expert advice,
64.8convening public hearings, and taking other reasonable and appropriate actions;
64.9(5) provide advice on other issues related to trade agreements other than government
64.10procurement agreements when specifically requested by the governor or the legislature;
64.11(6) request information from the Office of the United States Trade Representative
64.12necessary to conduct an appropriate review of government procurement agreements or
64.13other trade issues as directed by the governor or the legislature; and
64.14(7) receive information obtained by the United States Trade Representative's single
64.15point of contact for Minnesota.
64.16    Subd. 5. Report. The trade policy advisory group shall issue a report to the
64.17legislature with its findings and recommendations no less than once per fiscal year.

64.18    Sec. 9. [116J.978] MINNESOTA TRADE OFFICES IN FOREIGN MARKETS.
64.19(a) The commissioner of employment and economic development shall establish
64.20three new Minnesota Trade Offices in key foreign markets selected for their potential to
64.21increase Minnesota exports and attract foreign direct investment.
64.22(b) The commissioner shall establish a performance rating system for the new offices
64.23established under this section and create specific annual goals for the offices to meet. The
64.24commissioner shall monitor activities of the office, including, but not limited to, the number
64.25of inquiries and projects received and completed, meetings arranged between Minnesota
64.26companies and potential investors, distributors, or customers, and agreements signed.

64.27    Sec. 10. [116J.979] MINNESOTA STEP GRANTS.
64.28    Subdivision 1. Establishment. The commissioner of employment and economic
64.29development shall create a State Trade and Export Promotion grants program, hereafter
64.30STEP grants, to provide financial and technical assistance to eligible Minnesota small
64.31businesses with an active interest in exporting products or services to foreign markets.
64.32    Subd. 2. Grants. Recipients may apply, on an application devised by the
64.33commissioner, for up to $7,500 in reimbursement for approved export-development
64.34activities, including, but not limited to:
65.1(1) participation in trade missions;
65.2(2) export training;
65.3(3) exhibition at trade shows or industry-specific events;
65.4(4) translation of marketing materials;
65.5(5) development of foreign language Web sites, Gold Key, or other business
65.6matchmaking services;
65.7(6) company-specific international sales activities; and
65.8(7) testing and certification required to sell products in foreign markets.

65.9    Sec. 11. [116J.9801] INVEST MINNESOTA.
65.10The commissioner shall establish the Invest Minnesota marketing initiative. This
65.11initiative must focus on branding the state's economic development initiatives and
65.12promoting Minnesota business opportunities. The initiative may include measures to
65.13communicate the benefits of doing business in Minnesota to companies considering
65.14relocating, establishing a United States presence, or expanding.

65.15    Sec. 12. [116L.191] WORKFORCE CENTER; CREDENTIAL ASSISTANCE.
65.16(a) The commissioner shall provide at local workforce centers services that
65.17assist individuals in identifying and obtaining industry-recognized credentials for jobs,
65.18particularly jobs in high demand. The workforce centers must consult and cooperate
65.19with training institutions, particularly postsecondary institutions, to identify credential
65.20programs to individuals.
65.21(b) Each workforce center shall provide information under section 116J.4011,
65.22paragraph (b), clause (3), linked as a shortcut from the desktop of each workforce center
65.23computer and available in hard copy. Prominent signs should be posted in workforce
65.24centers directing individuals to where they can find a list of top job vacancies and related
65.25credential information.

65.26    Sec. 13. Minnesota Statutes 2012, section 116U.26, is amended to read:
65.27116U.26 FILM PRODUCTION JOBS PROGRAM.
65.28    (a) The film production jobs program is created. The program shall be operated
65.29by the Minnesota Film and TV Board with administrative oversight and control by the
65.30commissioner of administration employment and economic development. The program
65.31shall make payment to producers of feature films, national television or Internet programs,
65.32documentaries, music videos, and commercials that directly create new film jobs in
65.33Minnesota. To be eligible for a payment, a producer must submit documentation to the
66.1Minnesota Film and TV Board of expenditures for production costs incurred in Minnesota
66.2that are directly attributable to the production in Minnesota of a film product.
66.3    The Minnesota Film and TV Board shall make recommendations to the
66.4commissioner of administration employment and economic development about program
66.5payment, but the commissioner has the authority to make the final determination on
66.6payments. The commissioner's determination must be based on proper documentation of
66.7eligible production costs submitted for payments. No more than five percent of the funds
66.8appropriated for the program in any year may be expended for administration, including
66.9costs for independent audits and financial reviews of projects.
66.10    (b) For the purposes of this section:
66.11    (1) "production costs" means the cost of the following:
66.12    (i) a story and scenario to be used for a film;
66.13    (ii) salaries of talent, management, and labor, including payments to personal
66.14services corporations for the services of a performing artist;
66.15    (iii) set construction and operations, wardrobe, accessories, and related services;
66.16    (iv) photography, sound synchronization, lighting, and related services;
66.17    (v) editing and related services;
66.18    (vi) rental of facilities and equipment; or
66.19    (vii) other direct costs of producing the film in accordance with generally accepted
66.20entertainment industry practice; and
66.21(viii) above-the-line talent fees for nonresident talent; or
66.22(ix) costs incurred during postproduction; and
66.23    (2) "film" means a feature film, television or Internet show, pilot, program, series,
66.24documentary, music video, or television commercial, whether on film, video, or digital
66.25media. Film does not include news, current events, public programming, or a program
66.26that includes weather or market reports; a talk show; a production with respect to a
66.27questionnaire or contest; a sports event or sports activity; a gala presentation or awards
66.28show; a finished production that solicits funds; or a production for which the production
66.29company is required under United States Code, title 18, section 2257, to maintain records
66.30with respect to a performer portrayed in a single-media or multimedia program.
66.31    (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
66.32may make reimbursements of: (1) up to 20 25 percent of film production costs for films that
66.33locate production outside the metropolitan area, as defined in section 473.121, subdivision
66.342, or that incur production costs in excess of $5,000,000 in the metropolitan area within a
66.3512-month period; or (2) up to 15 20 percent of film production costs for films that incur
66.36production costs of $5,000,000 or less in the metropolitan area within a 12-month period.
67.1EFFECTIVE DATE.This section is effective the day following final enactment.

67.2    Sec. 14. Minnesota Statutes 2012, section 136F.37, is amended to read:
67.3136F.37 JOB PLACEMENT IMPACT ON PROGRAM REVIEW;
67.4INFORMATION TO STUDENTS.
67.5    Subdivision 1. Colleges; technical occupational program. The board must
67.6assess labor market data when conducting college program reviews. Colleges must
67.7provide prospective students with the job placement rate for graduates of technical and
67.8occupational programs offered at the colleges.
67.9    Subd. 2. DEED labor market survey; MnSCU usage and disclosure. The data
67.10assessed under subdivision 1 must include labor market data compiled by the Department
67.11of Employment and Economic Development under section 116J.4011. The board and its
67.12colleges and universities must use this market data when deciding upon course and program
67.13offerings. The board must provide a link to this labor market data on its Internet portal.
67.14EFFECTIVE DATE.This section is effective the day following final enactment.

67.15    Sec. 15. Minnesota Statutes 2012, section 245.4712, subdivision 1, is amended to read:
67.16    Subdivision 1. Availability of community support services. (a) County boards
67.17must provide or contract for sufficient community support services within the county to
67.18meet the needs of adults with serious and persistent mental illness who are residents of the
67.19county. Adults may be required to pay a fee according to section 245.481. The community
67.20support services program must be designed to improve the ability of adults with serious
67.21and persistent mental illness to:
67.22    (1) work in a regular or supported work environment find and maintain competitive
67.23employment;
67.24    (2) handle basic activities of daily living;
67.25    (3) participate in leisure time activities;
67.26    (4) set goals and plans; and
67.27    (5) obtain and maintain appropriate living arrangements.
67.28    The community support services program must also be designed to reduce the
67.29need for and use of more intensive, costly, or restrictive placements both in number of
67.30admissions and length of stay.
67.31    (b) Community support services are those services that are supportive in nature and
67.32not necessarily treatment oriented, and include:
68.1    (1) conducting outreach activities such as home visits, health and wellness checks,
68.2and problem solving;
68.3    (2) connecting people to resources to meet their basic needs;
68.4    (3) finding, securing, and supporting people in their housing;
68.5    (4) attaining and maintaining health insurance benefits;
68.6    (5) assisting with job applications, finding and maintaining employment, and
68.7securing a stable financial situation;
68.8    (6) fostering social support, including support groups, mentoring, peer support, and
68.9other efforts to prevent isolation and promote recovery; and
68.10    (7) educating about mental illness, treatment, and recovery.
68.11    (c) Community support services shall use all available funding streams. The county
68.12shall maintain the level of expenditures for this program, as required under section
68.13245.4835 . County boards must continue to provide funds for those services not covered
68.14by other funding streams and to maintain an infrastructure to carry out these services. The
68.15county is encouraged to fund evidence-based practices such as individual placement and
68.16support supported employment and illness management and recovery.
68.17    (d) The commissioner shall collect data on community support services programs,
68.18including, but not limited to, demographic information such as age, sex, race, the number
68.19of people served, and information related to housing, employment, hospitalization,
68.20symptoms, and satisfaction with services.

68.21    Sec. 16. Minnesota Statutes 2012, section 268A.13, is amended to read:
68.22268A.13 EMPLOYMENT SUPPORT SERVICES FOR PERSONS WITH
68.23MENTAL ILLNESS.
68.24The commissioner of employment and economic development, in cooperation
68.25with the commissioner of human services, shall develop a statewide program of grants
68.26as outlined in section 268A.14 to provide services for persons with mental illness who
68.27want to work in supported employment. Projects funded under this section must: (1)
68.28assist persons with mental illness in obtaining and retaining competitive employment; (2)
68.29emphasize individual community placements for clients client preferences; (3) ensure
68.30interagency collaboration at the local level between vocational rehabilitation field offices,
68.31county service agencies, community support programs operating under the authority of
68.32section 245.4712, and community rehabilitation providers, in assisting clients; (4) ensure
68.33services are integrated with mental health treatment; (5) provide benefits counseling;
68.34(6) conduct rapid job search; and (4) (7) involve clients in the planning, development,
68.35oversight, and delivery of support services. Project funds may not be used to provide
69.1services in segregated settings such as the center-based employment subprograms as
69.2defined in section 268A.01.
69.3The commissioner of employment and economic development, in consultation
69.4with the commissioner of human services, shall develop a request for proposals which is
69.5consistent with the requirements of this section and section 268A.14 and which specifies
69.6the types of services that must be provided by grantees. Priority for funding shall be given
69.7to organizations with experience in developing innovative employment support services
69.8for persons with mental illness carrying out evidence-based practices. Each applicant for
69.9funds under this section shall submit an evaluation protocol as part of the grant application.

69.10    Sec. 17. Minnesota Statutes 2012, section 268A.14, subdivision 1, is amended to read:
69.11    Subdivision 1. Employment support services and programs. The commissioner
69.12of employment and economic development, in cooperation with the commissioner of
69.13human services, shall operate a statewide system to reimburse providers for employment
69.14support services for persons with mental illness. The system shall be operated to support
69.15employment programs and services where:
69.16(1) services provided are readily accessible to all persons with mental illness who
69.17want to work, including rapid competitive job search, so they can make progress toward
69.18economic self-sufficiency;
69.19(2) services provided are made an integral part of all mental health treatment and
69.20rehabilitation programs for persons with mental illness to ensure that they have the ability
69.21and opportunity to consider a variety of work options;
69.22(3) programs help persons with mental illness form long-range plans for employment
69.23that fit their skills and abilities by ensuring that ongoing time-unlimited support, crisis
69.24management, placement, and career planning services are available;
69.25(4) services provided give persons with mental illness the information needed
69.26to make informed choices about employment expectations and options, including
69.27information on the types of employment available in the local community, the types of
69.28employment services available, the impact of employment on eligibility for governmental
69.29benefits, and career options;
69.30(5) programs assess whether persons with mental illness being serviced are satisfied
69.31with the services and outcomes. Satisfaction assessments shall address at least whether
69.32persons like their jobs, whether quality of life is improved, whether potential for
69.33advancement exists, and whether there are adequate support services in place;
69.34(6) programs encourage persons with mental illness being served to be involved in
69.35employment support services issues by allowing them to participate in the development of
70.1individual rehabilitation plans and to serve on boards, committees, task forces, and review
70.2bodies that shape employment services policies and that award grants, and by encouraging
70.3and helping them to establish and participate in self-help and consumer advocacy groups;
70.4(7) programs encourage employers to expand employment opportunities for
70.5persons with mental illness and, to maximize the hiring of persons with mental illness,
70.6educate employers about the needs and abilities of persons with mental illness and the
70.7requirements of the Americans with Disabilities Act;
70.8(8) programs encourage persons with mental illness, vocational rehabilitation
70.9professionals, and mental health professionals to learn more about current work incentive
70.10provisions in governmental benefits programs;
70.11(9) programs establish and maintain linkages with a wide range of other programs
70.12and services, including educational programs, housing programs, economic assistance
70.13services, community support services, and clinical services to ensure that persons with
70.14mental illness can obtain and maintain employment;
70.15(10) programs participate in ongoing training across agencies and service delivery
70.16systems so that providers in human services systems understand their respective roles,
70.17rules, and responsibilities and understand the options that exist for providing employment
70.18and community support services to persons with mental illness; and
70.19(11) programs work with local communities to expand system capacity to provide
70.20access to employment services to all persons with mental illness who want them.

70.21    Sec. 18. [383D.412] DAKOTA COUNTY COMMUNITY DEVELOPMENT
70.22AGENCY; MINNESOTA INVESTMENT FUND.
70.23    Subdivision 1. Treatment. As long as the conditions set forth in subdivision 2 are met
70.24and notwithstanding the provisions of section 116J.8731, the Dakota County Community
70.25Development Agency will be treated as if it were a general purpose local governmental unit
70.26and may apply for and receive state-funded money from the Minnesota investment fund.
70.27    Subd. 2. Conditions precedent. Conditions precedent to the treatment of the
70.28Dakota County Community Development Agency as a general purpose local governmental
70.29unit as described in subdivision 1 are:
70.30(a) the board of commissioners of Dakota County shall have adopted a resolution
70.31approving such treatment of the Dakota County Community Development Agency, and
70.32such resolution shall be in full force and effect and shall not have been revoked by
70.33Dakota County; and
71.1(b) the members of the board of commissioners of Dakota County shall be the same
71.2persons as the members of the board of commissioners of the Dakota County Community
71.3Development Agency.

71.4    Sec. 19. EMPLOYMENT SUPPORT AND INDEPENDENT LIVING SERVICES
71.5FOR INDIVIDUALS WITH HIGH-FUNCTIONING AUTISM, ASPERGER'S
71.6SYNDROME, NONVERBAL LEARNING DISORDERS, AND PERVASIVE
71.7DEVELOPMENT DISORDER, NOT OTHERWISE SPECIFIED; PILOT
71.8PROGRAM.
71.9    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
71.10have the meanings given them.
71.11(b) "Communication" means the ability to effectively give and receive information
71.12through spoken words, writing, speaking, listening, or other means of communication,
71.13including but not limited to nonverbal expressions, gestures, or other adaptive methods.
71.14(c) "Functional areas" means communication, interpersonal skills, mobility, self-care,
71.15self-direction, preemployment skills, work tolerance, and independent living skills.
71.16(d) "Independent living assessment" means an active, performance-based skill
71.17assessment in the functional areas of communication, interpersonal skills, mobility,
71.18self-care, self-direction, preemployment skills, and independent living skills, that provides
71.19an analysis of the individual's ability to independently achieve certain skills and which
71.20is performed through direct observation.
71.21(e) "Interpersonal skills" means the ability to establish and maintain personal,
71.22family, work, and community relationships.
71.23(f) "Mobility" means the physical and psychological ability to move about from
71.24place to place, including travel to and from destinations in the community for activities
71.25of daily living, training, or work.
71.26(g) "Natural supports" means the process of assisting an employer to expand its
71.27capacity for training, supervising, and supporting workers with disabilities.
71.28(h) "Ongoing employment support services" means any of the following services:
71.29(1) facilitation of natural supports at the work site;
71.30(2) disability awareness training for the worker, the worker's employer, supervisor,
71.31or coworkers;
71.32(3) services necessary to increase the worker's inclusion at the work site;
71.33(4) job skills training at the work site;
71.34(5) regular observation or supervision of the worker;
71.35(6) coordination of support services;
72.1(7) job-related safety training;
72.2(8) job-related advocacy skills training to advance employment;
72.3(9) training in independent living skills and support including self-advocacy, money
72.4management and organization, grooming and personal care, communication, interpersonal
72.5skills, problem solving, orientation and mobility, and using public transportation or
72.6driver's training;
72.7(10) follow-up services necessary to reinforce and stabilize employment, including
72.8regular contact with the worker's employer, supervisor or coworkers, parents, family
72.9members, advocates, legal representatives, other suitable professionals, and informed
72.10advisors;
72.11(11) training in job seeking skills; and
72.12(12) internships or career planning to assist the individual's advancement in
72.13meaningful employment.
72.14(i) "Preemployment skills" means the abilities and skills to successfully apply for,
72.15secure, and maintain competitive employment.
72.16(j) "Self-care" means skills needed to manage one's self or living environment,
72.17including but not limited to money management, personal health care, personal hygiene,
72.18and safety needs, including medication management.
72.19(k) "Self-direction" means the ability to plan, initiate, organize, or carry out
72.20goal-directed activities or solve problems related to self-care, socialization, recreation, and
72.21working independently.
72.22(l) "Severe impairment to employment" means limitations experienced by persons
72.23diagnosed with high-functioning autism, Asperger's syndrome, nonverbal learning
72.24disorders, or pervasive development disorder, not otherwise specified, due to an extended
72.25history of unemployment or underemployment; limited education, training, or job skills;
72.26and physical, intellectual, or emotional characteristics that seriously impair the individual's
72.27ability to obtain and retain permanent employment.
72.28(m) "Work tolerance" means the ability to effectively and efficiently perform jobs
72.29with various levels of sensory and environmental components including scent, noise,
72.30visual stimuli, physical space, and psychological demands.
72.31    Subd. 2. Employment support plan and outcomes. An individual participating in
72.32the program under this section must develop an employment support plan that includes:
72.33(1) employment goals;
72.34(2) ongoing support services;
72.35(3) program outcomes that focus on competitive employment in the community; and
73.1(4) ongoing independent living services and employment supports necessary for the
73.2individual to secure, maintain, and advance in employment that best fits the individual's
73.3strengths and career goals.

73.4ARTICLE 4
73.5UNEMPLOYMENT INSURANCE

73.6    Section 1. Minnesota Statutes 2012, section 116L.17, subdivision 4, is amended to read:
73.7    Subd. 4. Use of funds. Funds granted by the board under this section may be used
73.8for any combination of the following, except as otherwise provided in this section:
73.9    (1) employment transition services such as developing readjustment plans for
73.10individuals; outreach and intake; early readjustment; job or career counseling; testing;
73.11orientation; assessment of skills and aptitudes; provision of occupational and labor market
73.12information; job placement assistance; job search; job development; prelayoff assistance;
73.13relocation assistance; and programs provided in cooperation with employers or labor
73.14organizations to provide early intervention in the event of plant closings or substantial
73.15layoffs; and entrepreneurial training and business consulting;
73.16    (2) support services, including assistance to help the participant relocate to employ
73.17existing skills; out-of-area job search assistance; family care assistance, including child
73.18care; commuting assistance; emergency housing and rental assistance; counseling
73.19assistance, including personal and financial; health care; emergency health assistance;
73.20emergency financial assistance; work-related tools and clothing; and other appropriate
73.21support services that enable a person to participate in an employment and training program
73.22with the goal of reemployment;
73.23    (3) specific, short-term training to help the participant enhance current skills
73.24in a similar occupation or industry; entrepreneurial training, customized training, or
73.25on-the-job training; basic and remedial education to enhance current skills; and literacy
73.26and work-related English training for non-English speakers; and
73.27    (4) long-term training in a new occupation or industry, including occupational skills
73.28training or customized training in an accredited program recognized by one or more
73.29relevant industries. Long-term training shall only be provided to dislocated workers
73.30whose skills are obsolete and who have no other transferable skills likely to result in
73.31employment at a comparable wage rate. Training shall only be provided for occupations or
73.32industries with reasonable expectations of job availability based on the service provider's
73.33thorough assessment of local labor market information where the individual currently
73.34resides or is willing to relocate. This clause shall not restrict training in personal services
73.35or other such industries.

74.1    Sec. 2. Minnesota Statutes 2012, section 116L.17, is amended by adding a subdivision
74.2to read:
74.3    Subd. 11. Converting layoffs into Minnesota businesses (CLIMB). Converting
74.4layoffs into Minnesota businesses (CLIMB) is created to assist dislocated workers in
74.5starting or growing a business. CLIMB must offer entrepreneurial training, business
74.6consulting, and technical assistance to dislocated workers seeking to start or grow a
74.7business. The commissioner, in cooperation with local workforce councils, must provide
74.8the assistance in this subdivision by:
74.9(1) encouraging closer ties between the Small Business Development Center
74.10network, Small Business Development Center training providers, and workforce centers,
74.11as well as other dislocated worker program service providers; and
74.12(2) eliminating grantee performance data disincentives that would otherwise prevent
74.13enrollment of dislocated workers in entrepreneurship-related training.

74.14    Sec. 3. Minnesota Statutes 2012, section 268.051, subdivision 5, is amended to read:
74.15    Subd. 5. Tax rate for new employers. (a) Each new taxpaying employer that does
74.16not qualify for an experience rating under subdivision 3, except new employers in a high
74.17experience rating industry, must be assigned, for a calendar year, a tax rate the higher of
74.18(1) one percent, or (2) the tax rate computed, to the nearest 1/100 of a percent, by dividing
74.19the total amount of unemployment benefits paid all applicants during the 48 calendar
74.20months ending on June 30 of the prior calendar year by the total taxable wages of all
74.21taxpaying employers during the same period, plus the applicable base tax rate and any
74.22additional assessments under subdivision 2, paragraph (c).
74.23    (b) Each new taxpaying employer in a high experience rating industry that does not
74.24qualify for an experience rating under subdivision 3, must be assigned, for a calendar year,
74.25a tax rate the higher of (1) that assigned under paragraph (a), or (2) the tax rate, computed
74.26to the nearest 1/100 of a percent, by dividing the total amount of unemployment benefits
74.27paid to all applicants from high experience rating industry employers during the 48
74.28calendar months ending on June 30 of the prior calendar year by the total taxable wages
74.29of all high experience rating industry employers during the same period, to a maximum
74.30provided for under subdivision 3, paragraph (b), plus the applicable base tax rate and any
74.31additional assessments under subdivision 2, paragraph (c).
74.32    (c) An employer is considered to be in a high experience rating industry if:
74.33    (1) the employer is engaged in residential, commercial, or industrial construction,
74.34including general contractors;
74.35    (2) the employer is engaged in sand, gravel, or limestone mining;
75.1    (3) the employer is engaged in the manufacturing of concrete, concrete products,
75.2or asphalt; or
75.3    (4) the employer is engaged in road building, repair, or resurfacing, including bridge
75.4and tunnels and residential and commercial driveways and parking lots.
75.5(d) Regardless of any law to the contrary, a taxpaying employer must be assigned a
75.6tax rate under this subdivision if:
75.7(1) the employer registers for a tax account under section 268.042 and for each of
75.8the five calendar quarters after registering files a "no wages paid" report on wage detail
75.9under section 268.044; or had no taxable wages during the experience rating period under
75.10subdivision 3.
75.11(2) the employer has filed 14 consecutive quarterly "no wages paid" reports on
75.12wage detail under section 268.044.
75.13    (e) The commissioner must send to the new employer, by mail or electronic
75.14transmission, a determination of tax rate. An employer may appeal the determination of
75.15tax rate in accordance with the procedures in subdivision 6, paragraph (c).
75.16EFFECTIVE DATE.This section is effective the day following final enactment.

75.17    Sec. 4. Minnesota Statutes 2012, section 268.07, subdivision 3b, is amended to read:
75.18    Subd. 3b. Limitations on applications and benefit accounts. (a) An application for
75.19unemployment benefits is effective the Sunday of the calendar week that the application
75.20was filed. An application for unemployment benefits may be backdated one calendar week
75.21before the Sunday of the week the application was actually filed if the applicant requests
75.22the backdating at the time the application is filed. An application may be backdated only if
75.23the applicant had no employment was unemployed during the period of the backdating.
75.24If an individual attempted to file an application for unemployment benefits, but was
75.25prevented from filing an application by the department, the application is effective the
75.26Sunday of the calendar week the individual first attempted to file an application.
75.27    (b) A benefit account established under subdivision 2 is effective the date the
75.28application for unemployment benefits was effective.
75.29    (c) A benefit account, once established, may later be withdrawn only if:
75.30    (1) the applicant has not been paid any unemployment benefits on that benefit
75.31account; and
75.32(2) a new application for unemployment benefits is filed and a new benefit account is
75.33established at the time of the withdrawal.
76.1    A determination or amended determination of eligibility or ineligibility issued under
76.2section 268.101, that was sent before the withdrawal of the benefit account, remains in
76.3effect and is not voided by the withdrawal of the benefit account.
76.4    (d) An application for unemployment benefits is not allowed before the Sunday
76.5following the expiration of the benefit year on a prior benefit account. Except as allowed
76.6under paragraph (c), an applicant may establish only one benefit account each 52 calendar
76.7weeks.

76.8    Sec. 5. Minnesota Statutes 2012, section 268.125, subdivision 1, is amended to read:
76.9    Subdivision 1. Additional unemployment benefits; when available. Additional
76.10unemployment benefits are available if:
76.11    (1) MS 2008 [Expired, 2008 c 300 s 15]
76.12    (2)(i) at a facility that had 100 or more employees, the employer reduced operations,
76.13resulting within a one-month period in the layoff of 50 percent or more of the facility's
76.14work force, including reductions caused as a result of a major natural disaster declared by
76.15the president;
76.16    (ii) the employer has no expressed plan to resume operations that would lead to the
76.17reemployment of those employees in the immediate future; and
76.18    (iii) the seasonally adjusted unemployment rate in the county that the facility is
76.19located was ten percent or more during the month of the reduction or any of the three
76.20months before or after the month of the reduction; or
76.21    (3) the applicant stopped working because of a lockout. The term "lockout" has the
76.22meaning given in section 179.01, subdivision 9. This clause does not apply to professional
76.23athletes who are locked out by a professional sports team. This clause does not apply to
76.24individuals whose total compensation was in excess of $150,000 in the previous year.
76.25EFFECTIVE DATE.This section is effective the day following final enactment.

76.26    Sec. 6. Minnesota Statutes 2012, section 268.125, subdivision 3, is amended to read:
76.27    Subd. 3. Eligibility conditions. (a) An applicant is eligible to receive additional
76.28unemployment benefits for any week during the applicant's benefit year if:
76.29    (1) for any week during which benefits are available under subdivision 1, clause (1):
76.30    (i) the applicant resides in a county that meets the requirements of subdivision 1,
76.31clause (1), and resided in that county each week that regular unemployment benefits
76.32were paid;
76.33    (ii) the applicant was not paid unemployment benefits for any week in the 12 months
76.34before the effective date of the applicant's benefit account;
77.1    (iii) the applicant meets the same eligibility requirements that are required for
77.2regular unemployment benefits under section 268.069; and
77.3    (iv) MS 2008 [Expired, 2008 c 300 s 17]
77.4    (2) (1) the applicant was laid off from employment as a result of a reduction under
77.5subdivision 1, clause (2), or was laid off because of lack of work from that employer
77.6during the three-month period before, or the three-month period after, the month of the
77.7reduction under subdivision 1, clause (2);
77.8    (3) (2) the applicant meets the same eligibility requirements that are required for
77.9regular unemployment benefits under section 268.069;
77.10    (4) (3) the applicant has exhausted regular unemployment benefits under section
77.11268.07 , is not entitled to receive extended unemployment benefits under section 268.115,
77.12and is not entitled to receive unemployment benefits under any other state or federal law
77.13for that week; and
77.14    (5) (4) a majority of the applicant's wage credits were from the employer that had a
77.15reduction in operations under subdivision 1, clause (2).
77.16(b) An applicant who stopped working because of a lockout is eligible to receive
77.17additional unemployment benefits for any week if:
77.18(1) the applicant meets the eligibility requirements under section 268.069;
77.19(2) the applicant has exhausted regular unemployment benefits under section 268.07
77.20or the law of another state;
77.21(3) the applicant is not eligible for extended unemployment benefits or
77.22unemployment benefits under any federal law; and
77.23(4) the lockout is in active progress.
77.24Section 268.085, subdivision 1, clause (2), does not apply to this paragraph.
77.25EFFECTIVE DATE.This section is effective the day following final enactment.

77.26    Sec. 7. Minnesota Statutes 2012, section 268.125, subdivision 4, is amended to read:
77.27    Subd. 4. Weekly unemployment benefit amount. An applicant's weekly additional
77.28unemployment benefit amount is the same as the applicant's weekly regular unemployment
77.29benefit amount during the current benefit year under section 268.07.
77.30EFFECTIVE DATE.This section is effective the day following final enactment.

77.31    Sec. 8. Minnesota Statutes 2012, section 268.125, subdivision 5, is amended to read:
77.32    Subd. 5. Maximum amount of unemployment benefits. (a) For an applicant
77.33who qualifies for additional unemployment benefits under subdivision 1, clause (2), the
78.1maximum amount of additional unemployment benefits available in the applicant's benefit
78.2year is one-half of the applicant's maximum amount of regular unemployment benefits
78.3available under section 268.07, subdivision 2. Extended unemployment benefits paid and
78.4unemployment benefits paid under any federal law other than regular unemployment
78.5benefits must be deducted from the maximum amount of additional unemployment
78.6benefits available.
78.7(b) For an applicant who qualifies for additional unemployment benefits under
78.8subdivision 1, clause (3), the applicant may receive additional unemployment benefits for
78.9up to 156 weeks so long as the lockout is in active progress.
78.10EFFECTIVE DATE.This section is effective the day following final enactment.

78.11    Sec. 9. [268.133] UNEMPLOYMENT BENEFITS WHILE IN
78.12ENTREPRENEURIAL TRAINING.
78.13Unemployment benefits are available to dislocated workers participating in the
78.14converting layoffs into Minnesota businesses (CLIMB) program under section 116L.17,
78.15subdivision 11. Applicants participating in CLIMB are considered in reemployment
78.16assistance training under section 268.035, subdivision 21c. All requirements under section
78.17268.069, subdivision 1, must be met, except the commissioner may waive:
78.18(1) the earnings deductible provisions in section 268.085, subdivision 5; and
78.19(2) the 32 hours of work limitation in section 268.085, subdivision 2, clause (6). A
78.20maximum of 500 applicants may receive a waiver at any given time.

78.21    Sec. 10. Minnesota Statutes 2012, section 268.136, subdivision 1, is amended to read:
78.22    Subdivision 1. Shared work agreement plan requirements. (a) An employer
78.23may submit a proposed shared work plan for an employee group to the commissioner
78.24for approval in a manner and format set by the commissioner. The proposed agreement
78.25 shared work plan must include:
78.26(1) a certified statement that the normal weekly hours of work of all of the proposed
78.27participating employees were full time or regular part time but are now reduced, or will be
78.28reduced, with a corresponding reduction in pay, in order to prevent layoffs;
78.29(2) the name and Social Security number of each participating employee;
78.30(3) the number of layoffs that would have occurred absent the employer's ability to
78.31participate in a shared work plan;
78.32(4) a certified statement of when that each participating employee was first hired by
78.33the employer, which must be at least one year before the proposed agreement shared work
78.34plan is submitted and is not a seasonal, temporary, or intermittent worker;
79.1(4) (5) the hours of work each participating employee will work each week for the
79.2duration of the agreement shared work plan, which must be at least 20 one-half the normal
79.3weekly hours and but no more than 32 hours per week, except that the agreement plan
79.4 may provide for a uniform vacation shutdown of up to two weeks;
79.5(6) a certified statement that any health benefits and pension benefits provided by
79.6the employer to participating employees will continue to be provided under the same
79.7terms and conditions as though the participating employees' hours of work each week had
79.8not been reduced;
79.9(7) a certified statement that the terms and implementation of the shared work plan is
79.10consistent with the employer's obligations under state and federal law;
79.11(8) an acknowledgement that the employer understands that unemployment benefits
79.12paid under a shared work plan will be used in computing the future tax rate of a taxpaying
79.13employer or charged to the reimbursable account of a nonprofit or government employer;
79.14(5) (9) the proposed duration of the agreement shared work plan, which must be
79.15at least two months and not more than one year, although an agreement a plan may be
79.16extended for up to an additional year upon approval of the commissioner;
79.17(6) (10) a starting date beginning on a Sunday at least 15 calendar days after the date
79.18the proposed agreement shared work plan is submitted; and
79.19(7) (11) a signature of an owner or officer of the employer who is listed as an owner
79.20or officer on the employer's account under section 268.045.
79.21(b) An agreement may not be approved for an employer that:
79.22(1) has any unemployment tax or reimbursements, including any interest, fees,
79.23or penalties, due but unpaid; or
79.24(2) has the maximum experience rating provided for under section 268.051,
79.25subdivision 3.

79.26    Sec. 11. Minnesota Statutes 2012, section 268.136, subdivision 2, is amended to read:
79.27    Subd. 2. Agreement Approval by commissioner. (a) The commissioner must
79.28promptly review a proposed agreement shared work plan and notify the employer, by mail
79.29or electronic transmission, within 15 days of receipt, whether the proposal satisfies the
79.30requirements of this section and has been approved. If the proposal does not comply
79.31with this section, the commissioner must specifically state why the proposal is not in
79.32compliance. If a proposed agreement complies with this section shared work plan has
79.33been approved, it must be implemented according to its terms.
80.1(b) The commissioner may reject an agreement not approve a proposed shared work
80.2plan if the commissioner has cause to believe the proposal is not was submitted for the a
80.3 purpose of other than preventing layoffs due to lack of work.
80.4(c) The commissioner may not approve a proposed shared work plan if the employer
80.5has any unemployment tax or reimbursements, including any interest, fees, or penalties,
80.6due but unpaid.
80.7(d) A shared work plan that has been approved by the commissioner is considered
80.8a contract that is binding on the employer and the department. This contract may be
80.9canceled or modified under subdivision 5.

80.10    Sec. 12. Minnesota Statutes 2012, section 268.136, is amended by adding a subdivision
80.11to read:
80.12    Subd. 2a. Notice to participating employee. The employer must provide written
80.13notification to each participating employee that the employer has submitted a proposed
80.14shared work plan. The notification must be provided to the employee no later than the
80.15time the commissioner notifies the employer that a proposed shared work plan has been
80.16approved. The notification must inform the employee of the proposed terms of the
80.17shared work plan along with notice to the employee of the employee's right to apply for
80.18unemployment benefits.

80.19    Sec. 13. Minnesota Statutes 2012, section 268.136, subdivision 3, is amended to read:
80.20    Subd. 3. Applicant requirements. (a) An applicant, in order to be paid
80.21unemployment benefits under this section, must meet all of the requirements under section
80.22268.069, subdivision 1 . The following provisions of section 268.085 do not apply to an
80.23applicant under this section in an approved shared work plan:
80.24(1) the deductible earnings provision of section 268.085, under subdivision 5;
80.25(2) the restriction under section 268.085, subdivision 6 2, clause (6), if the applicant
80.26works exactly 32 hours in a week;
80.27(3) the requirement of being available for suitable employment under subdivision 1,
80.28clause (4), but only if the applicant is (i) available for the normal hours of work per week
80.29with the shared work employer, or (ii) is in a training program when not working; and
80.30(4) the requirement of actively seeking suitable employment under subdivision
80.311, clause (5).
80.32(b) An applicant is ineligible for unemployment benefits under this section for
80.33any week, if:
81.1(1) the applicant works more than 32 hours in a week in employment with one or
81.2more employer; or.
81.3(2) the applicant works more hours in a week for the shared work employer than
81.4the reduced weekly hours provided for in the agreement.

81.5    Sec. 14. Minnesota Statutes 2012, section 268.136, subdivision 4, is amended to read:
81.6    Subd. 4. Amount of unemployment benefits available. (a) The weekly benefit
81.7amount and maximum amount of unemployment benefits available are computed
81.8according to section 268.07, except that an applicant is paid the amount of benefits
81.9available is a reduced amount in direct proportion to the reduction in hours set out in the
81.10shared work plan from the normal weekly hours.
81.11(b) Regardless of paragraph (a), if the applicant works more hours in a week for the
81.12shared work employer than the reduced weekly hours provided for in the shared work
81.13plan, the amount of unemployment benefits available is a reduced amount in direct
81.14proportion to the reduction in hours actually worked from the normal weekly hours.
81.15(c) If an applicant works fewer hours in a week for the shared work employer than
81.16set out in the shared work plan, the amount of unemployment benefits are available in
81.17accordance with paragraph (a).

81.18    Sec. 15. Minnesota Statutes 2012, section 268.136, subdivision 5, is amended to read:
81.19    Subd. 5. Cancellation; modification. (a) An employer may cancel an agreement a
81.20shared work plan at any time upon seven calendar days' notice to the commissioner in a
81.21manner and format prescribed by the commissioner. The cancellation must be signed by
81.22an owner or officer of the employer.
81.23(b) An employer may request that the commissioner allow modification of the shared
81.24work plan as to the hours of work each participating employee will work each week. The
81.25request must be sent in a manner and form prescribed by the commissioner. The request
81.26must be signed by an owner or officer of the employer. The commissioner must notify the
81.27employer as soon as possible if the modification is allowed.
81.28(b) (c) An employer that cancels an agreement or requests modification of a shared
81.29work plan must provide written notice to each participating employee in the group of the
81.30cancellation or requested modification at the time notice is sent to the commissioner.
81.31(c) (d) If an employer cancels an agreement a shared work plan before the expiration
81.32date provided for in subdivision 1, a new agreement shared work plan may not be entered
81.33into with approved for that employer under this section for at least 60 calendar days.
82.1(d) (e) The commissioner may immediately cancel any agreement shared work plan
82.2 if the commissioner determines the agreement plan was based upon false information or
82.3the employer is in breach has failed to adhere to the terms of the contract shared work plan.
82.4The commissioner must immediately send written notice of cancellation to the employer.
82.5An employer that receives notice of cancellation by the commissioner must provide
82.6written notice to each participating employer in the group employee of the cancellation.

82.7    Sec. 16. Minnesota Statutes 2012, section 268.199, is amended to read:
82.8268.199 CONTINGENT ACCOUNT.
82.9    (a) There is created in the state treasury a special account, to be known as the
82.10contingent account, that does not lapse nor revert to any other fund or account. This
82.11account consists of all money collected under this chapter that is required to be placed
82.12in this account and any interest earned on the account. All money in this account is
82.13appropriated and available for administration of the Minnesota unemployment insurance
82.14program unless otherwise appropriated by session law. The money deposited in the
82.15account is transferred to the general fund.
82.16    (b) All money in this account must be deposited, administered, and disbursed in the
82.17same manner and under the same conditions and requirements as is provided by law for
82.18the other special accounts in the state treasury.
82.19EFFECTIVE DATE.This section is effective July 1, 2013.

82.20    Sec. 17. Minnesota Statutes 2012, section 268.23, is amended to read:
82.21268.23 SEVERABLE.
82.22    In the event that If the United States Department of Labor determines that any
82.23provision of the Minnesota Unemployment Insurance Law, or any other provision of
82.24Minnesota Statutes relating to the unemployment insurance program, is not in conformity
82.25with, or is inconsistent with, the requirements of federal law, the provision has no force
82.26or effect; but. If only a portion of the provision, or the application to any person or
82.27circumstances, is held determined not in conformity, or determined inconsistent, the
82.28remainder of the provision and the application of the provision to other persons or
82.29circumstances are not affected.

82.30    Sec. 18. Laws 2012, chapter 201, article 1, section 3, the effective date, is amended to
82.31read:
83.1EFFECTIVE DATE.This section is effective July 1, 2012, except the amendments
83.2to paragraph (d) are effective for penalties imposed credited on or after July 1, 2013.
83.3EFFECTIVE DATE.This section is effective the day following final enactment.

83.4    Sec. 19. UNEMPLOYMENT INSURANCE EMPLOYER TAX REDUCTION.
83.5(a) Notwithstanding Minnesota Statutes, section 268.051, subdivision 2, if, on
83.6September 30, 2013, the balance in the Minnesota Unemployment Trust Fund is more than
83.7$800,000,000, the base tax rate for calendar year 2014 is 0.1 percent, and there will be no
83.8additional assessment assigned. If, on September 30, 2014, the balance in the Minnesota
83.9Unemployment Trust Fund is more than $900,000,000, the base tax rate for calendar year
83.102015 is 0.1 percent, and there will be no additional assessment assigned.
83.11(b) This section expires December 31, 2015.

83.12    Sec. 20. COMMISSIONER AUTHORIZED TO REQUEST SHARED WORK
83.13FUNDS.
83.14The commissioner of employment and economic development is authorized to
83.15request federal funding for Minnesota's shared work unemployment benefit program
83.16under Minnesota Statutes, section 268.136. Federal funding is available under the Middle
83.17Class Tax Relief and Job Creation Act of 2012, Public Law 112-96. Federal funding
83.18provided under that act for the shared work program must be immediately deposited in
83.19the Minnesota Unemployment Insurance Trust Fund. The exception under Minnesota
83.20Statutes, section 268.047, subdivision 2, clause (10), does not apply to the federal money.
83.21EFFECTIVE DATE.This section is effective the day following final enactment.

83.22ARTICLE 5
83.23MISCELLANEOUS

83.24    Section 1. Minnesota Statutes 2012, section 154.001, is amended by adding a
83.25subdivision to read:
83.26    Subd. 4. Comprehensive examination. "Comprehensive examination" means all
83.27parts of a test administered by the board, including but not limited to written, oral, and
83.28practical components.

83.29    Sec. 2. Minnesota Statutes 2012, section 154.003, is amended to read:
83.30154.003 FEES.
84.1    (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
84.2board, shall be paid to the board. The board shall deposit the fees in the general fund
84.3in the state treasury.
84.4    (b) The board shall charge the following fees:
84.5    (1) examination and certificate, registered barber, $85;
84.6(2) retake of written examination, registered barber, $10;
84.7    (2) (3) examination and certificate, apprentice, $80;
84.8(4) retake of written examination, apprentice, $10;
84.9    (3) (5) examination, instructor, $180;
84.10    (4) (6) certificate, instructor, $65;
84.11    (5) (7) temporary teacher or apprentice permit, $80;
84.12    (6) (8) renewal of license, registered barber, $80;
84.13    (7) (9) renewal of license, apprentice, $70;
84.14    (8) (10) renewal of license, instructor, $80;
84.15    (9) (11) renewal of temporary teacher permit, $65;
84.16    (10) (12) student permit, $45;
84.17(13) renewal of student permit, $25;
84.18    (11) (14) initial shop registration, $85;
84.19    (12) (15) initial school registration, $1,030;
84.20    (13) (16) renewal shop registration, $85;
84.21    (14) (17) renewal school registration, $280;
84.22    (15) (18) restoration of registered barber license, $95;
84.23    (16) (19) restoration of apprentice license, $90;
84.24    (17) (20) restoration of shop registration, $105;
84.25    (18) (21) change of ownership or location, $55;
84.26    (19) (22) duplicate license, $40; and
84.27    (20) (23) home study course, $95 $75;
84.28(24) letter of license verification, $25; and
84.29(25) reinspection, $100.

84.30    Sec. 3. Minnesota Statutes 2012, section 154.02, is amended to read:
84.31154.02 WHAT CONSTITUTES BARBERING.
84.32Any one or any combination of the following practices when done upon the head
84.33and neck for cosmetic purposes and not for the treatment of disease or physical or mental
84.34ailments and when done for payment directly or indirectly or without payment for the
84.35public generally constitutes the practice of barbering within the meaning of sections
85.1154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26:
85.2to shave the face or neck, trim the beard, cut or bob the hair of any person of either sex
85.3for compensation or other reward received by the person performing such service or any
85.4other person; to give facial and scalp massage or treatments with oils, creams, lotions,
85.5or other preparations either by hand or mechanical appliances; to singe, shampoo the
85.6hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils,
85.7clays, or lotions to hair, scalp, face, or neck.

85.8    Sec. 4. Minnesota Statutes 2012, section 154.05, is amended to read:
85.9154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
85.10REGISTERED BARBER.
85.11A person is qualified to receive a certificate of registration as a registered barber:
85.12(1) who is qualified under the provisions of section 154.06;
85.13(2) who has practiced as a registered apprentice for a period of 12 months under the
85.14immediate personal supervision of a registered barber; and
85.15(3) who has passed an examination conducted by the board to determine fitness to
85.16practice barbering.
85.17An apprentice applicant for a certificate of registration to practice as a registered
85.18barber who fails to pass the comprehensive examination conducted by the board and
85.19who fails to pass a onetime retake of the written examination, shall continue to practice
85.20as an apprentice for an additional two months 300 hours before being again entitled to
85.21take eligible to retake the comprehensive examination for a registered barber as many
85.22times as necessary to pass.

85.23    Sec. 5. Minnesota Statutes 2012, section 154.06, is amended to read:
85.24154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
85.25REGISTERED APPRENTICE.
85.26A person is qualified to receive a certificate of registration as a registered apprentice:
85.27(1) who has completed at least ten grades of an approved school;
85.28(2) who has graduated from a barber school approved by the a barber board within
85.29the previous four years; and
85.30(3) who has passed an examination conducted by the board to determine fitness to
85.31practice as a registered apprentice. An applicant who graduated from a barber school
85.32approved by a barber board more than four years prior to application is required to
85.33complete a further course of study of at least 500 hours.
86.1An applicant for a an initial certificate of registration to practice as an apprentice,
86.2 who fails to pass the comprehensive examination conducted by the board, and who fails to
86.3pass a onetime retake of the written examination, is required to complete a further course
86.4of study of at least 500 hours, of not more than eight hours in any one working day, in a
86.5barber school approved by the board before being eligible to retake the comprehensive
86.6examination as many times as necessary to pass.
86.7A certificate of registration of an apprentice shall be valid for four years from the
86.8date the certificate of registration is issued by the board and shall not be renewed for a fifth
86.9year. During the four-year period the certificate of registration shall remain in full force
86.10and effect only if the apprentice complies with all the provisions of sections 154.001,
86.11154.002 , 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, including
86.12the payment of an annual fee, and the rules of the board.
86.13If a registered apprentice, during the term in which the certificate of registration is in
86.14effect, enters full-time active duty in the armed forces of the United States of America,
86.15the expiration date of the certificate of registration shall be extended by a period of time
86.16equal to the period or periods of active duty.
86.17If a registered apprentice graduates from a barber school approved by the board and
86.18is issued a certificate of registration while incarcerated by the Department of Corrections
86.19of the Federal Bureau of Prisons, the expiration date of the certificate of registration shall
86.20be extended one time so that it expires four years from the date of first release from a
86.21correctional facility.

86.22    Sec. 6. Minnesota Statutes 2012, section 154.065, subdivision 2, is amended to read:
86.23    Subd. 2. Qualifications. A person is qualified to receive a certificate of registration
86.24as an instructor of barbering who:
86.25(1) is a graduate from of an approved high school, or its equivalent, as determined
86.26by examination by the Department of Education;
86.27(2) has qualified for a teacher's or instructor's vocational certificate; successfully
86.28completed vocational instructor training from a board-approved program or accredited
86.29college or university program that includes the following courses or their equivalents as
86.30determined by the board:
86.31(i) introduction to career and technical education training;
86.32(ii) philosophy and practice of career and technical education;
86.33(iii) course development for career and technical education;
86.34(iv) instructional methods for career and technical education; and
86.35(v) human relations;
87.1(3) is currently a registered barber and has at least three years experience as a
87.2registered barber in this state, or its equivalent as determined by the board; and
87.3(4) has passed an examination conducted by the board to determine fitness to
87.4instruct in barbering.
87.5A certificate of registration under this section is provisional until a teacher's or
87.6instructor's vocational certificate has been issued by the Department of Education. A
87.7provisional certificate of registration is valid for 30 days and is not renewable.

87.8    Sec. 7. Minnesota Statutes 2012, section 154.07, subdivision 1, is amended to read:
87.9    Subdivision 1. Admission requirements; course of instruction. No barber school
87.10shall be approved by the board unless it requires, as a prerequisite to admission, ten grades
87.11of an approved school or its equivalent, as determined by an examination conducted by
87.12the commissioner of education, which shall issue a certificate that the student has passed
87.13the required examination, and unless it requires, as a prerequisite to graduation, a course
87.14of instruction of at least 1,500 hours, of not more than eight hours in any one working day.
87.15The course of instruction must include the following subjects: scientific fundamentals
87.16for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of
87.17the head, face, and neck; elementary chemistry relating to sterilization and antiseptics;
87.18diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face
87.19and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair;
87.20and the chemical waving and straightening of hair.

87.21    Sec. 8. Minnesota Statutes 2012, section 154.08, is amended to read:
87.22154.08 APPLICATION; FEE.
87.23Each applicant for an examination shall:
87.24(1) make application to the Board of Barber Examiners on blank forms prepared and
87.25furnished by it, the application to contain proof under the applicant's oath of the particular
87.26qualifications and identity of the applicant;
87.27(2) furnish to the board two five-inch x three-inch signed photographs of the
87.28applicant, one to accompany the application and one to be returned to the applicant,
87.29to be presented to the board when the applicant appears for examination provide all
87.30documentation required in support of the application; and
87.31(3) pay to the board the required fee; and
87.32(4) present a government-issued photo identification as proof of identity upon
87.33application and when the applicant appears for examination.

88.1    Sec. 9. Minnesota Statutes 2012, section 154.09, is amended to read:
88.2154.09 EXAMINATIONS, CONDUCT AND SCOPE.
88.3The board shall conduct examinations of applicants for certificates of registration to
88.4practice as barbers and apprentices not more than six times each year, at such time and
88.5place as the board may determine. Additional written examinations may be scheduled
88.6by the board and conducted by board staff as designated by the board. The proprietor
88.7of a barber school must file an affidavit shall be filed with the board by the proprietor
88.8of a barber school that of hours completed by students applying to take the apprentice
88.9examination have completed. Students must complete 1,500 hours in a barber school
88.10registered with approved by the board.
88.11The examination of applicants for certificates of registration as barbers and
88.12apprentices shall include both a practical demonstration and a written and oral test and
88.13embrace. The examination must cover the subjects usually taught in barber schools
88.14registered with the board.

88.15    Sec. 10. Minnesota Statutes 2012, section 154.10, subdivision 1, is amended to read:
88.16    Subdivision 1. Application. Each applicant for an initial certificate of registration
88.17shall make application to the board on forms prepared and furnished by the board with
88.18proof under oath of the particular qualifications and identity of each applicant. This
88.19application shall be accompanied by a fee prescribed by law or the rules of the board to
88.20defray the expenses of making investigation and for the examination of such applicant.

88.21    Sec. 11. Minnesota Statutes 2012, section 154.11, subdivision 1, is amended to read:
88.22    Subdivision 1. Examination of nonresidents. A person who meets all of the
88.23requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to
88.24154.161 , 154.19 to 154.21, and 154.24 to 154.26 and either has a license, certificate
88.25of registration, or an equivalent as a practicing barber or instructor of barbering from
88.26another state or country which in the discretion of the board has substantially the same
88.27requirements for registering barbers and instructors of barbering as required by sections
88.28154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 or
88.29can prove by sworn affidavits practice as a barber or instructor of barbering in another
88.30state or country for at least five years immediately prior to making application in this state,
88.31shall, upon payment of the required fee, be issued a certificate of registration without
88.32examination, provided that the other state or country grants the same privileges to holders
88.33of Minnesota certificates of registration.

89.1    Sec. 12. Minnesota Statutes 2012, section 154.12, is amended to read:
89.2154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
89.3A person who meets all of the requirements for registration as a barber in sections
89.4154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and
89.5who has a license, a certificate of registration, or its equivalent as an apprentice in a state
89.6or country which in the discretion of the board has substantially the same requirements for
89.7registration as an apprentice as is provided by sections 154.001, 154.002, 154.003, 154.01
89.8to 154.161, 154.19 to 154.21, and 154.24 to 154.26, shall, upon payment of the required
89.9fee, be issued a certificate of registration without examination, provided that the other state
89.10or country grants the same privileges to holders of Minnesota certificates of registration.

89.11    Sec. 13. Minnesota Statutes 2012, section 154.14, is amended to read:
89.12154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS
89.13TO BE DISPLAYED.
89.14Every holder of a certificate of registration as a registered barber or registered
89.15apprentice or temporary apprentice permit shall display it the certificate or permit, with a
89.16photograph of the certificate or permit holder that meets the same standards as required for
89.17a United States passport, in a conspicuous place adjacent to or near the chair where work
89.18is performed. Every holder of a certificate of registration as an instructor of barbering or
89.19as a barber school, of a temporary permit as an instructor of barbering, shall display the
89.20certificate or permit, with a photograph of the certificate or permit holder that meets the
89.21same standards as required for a United States passport, in a conspicuous place accessible
89.22to the public. Every holder of a certificate of registration as a barber school and of a shop
89.23registration card shall display it in a conspicuous place accessible to the public.

89.24    Sec. 14. Minnesota Statutes 2012, section 154.15, subdivision 2, is amended to read:
89.25    Subd. 2. Effect of failure to renew. A registered barber or a registered apprentice
89.26who has not renewed a certificate of registration may be reinstated within one year four
89.27years of such failure to renew without examination upon the payment of the required
89.28restoration fee for each year the certificate is lapsed. A registered instructor of barbering
89.29who has not renewed a certificate of registration may be reinstated within three four years
89.30of such failure to renew without examination upon payment of the required restoration fee
89.31 for each year the certificate is lapsed. All registered barbers and registered apprentices
89.32who allow their certificates of registration to lapse for more than one year four years shall
89.33be required to reexamine before being issued a certificate of registration. All registered
89.34instructors of barbering who allow their certificates of registration to lapse for more
90.1than three four years shall be required to reexamine before being issued a certificate of
90.2registration. A barber shop owner who has not renewed the barber shop certificate for more
90.3than one year may reinstate the barber shop registration upon payment of the restoration
90.4fee for each year the shop card was lapsed. If lapsed or unlicensed status is discovered by
90.5the barber inspector during inspection, penalties under section 154.162 shall apply.

90.6    Sec. 15. [154.162] ADMINISTRATIVE PENALTIES.
90.7The board shall impose and collect the following penalties:
90.8(1) missing or lapsed shop registration discovered upon inspection; penalty imposed
90.9on shop owner: $500;
90.10(2) unlicensed or unregistered apprentice or registered barber, first occurrence
90.11discovered upon inspection; penalty imposed on shop owner and unlicensed or
90.12unregistered individual: $500; and
90.13(3) unlicensed or unregistered apprentice or registered barber, second occurrence
90.14discovered upon inspection; penalty imposed on shop owner and unlicensed or
90.15unregistered individual: $1,000.

90.16    Sec. 16. Minnesota Statutes 2012, section 154.26, is amended to read:
90.17154.26 MUNICIPALITIES MAY REGULATE HOURS; REGULATION
90.18AUTHORIZED.
90.19The governing body of any city of this state may regulate by ordinance the opening
90.20and closing hours of barber shops within its municipal limits in addition to all other
90.21applicable local regulations.

90.22    Sec. 17. [154.27] MISREPRESENTATION.
90.23No person shall represent themselves to the public, solicit business, advertise as a
90.24licensed barber or as operating a licensed barber shop, use the title or designation of barber
90.25or barber shop, or engage in any other act or practice that would create the impression to
90.26members of the public that the person is a licensed barber or is operating a licensed barber
90.27shop unless the person holds the appropriate license under this chapter.

90.28    Sec. 18. [154.28] SYMBOLS; BARBER POLE.
90.29No person shall place a barber pole in a location that would create or tend to create
90.30the impression to the public that the business is a barber shop unless the operator holds a
90.31valid license under this chapter. For the purposes of this section, "barber pole" means a
91.1red and white or red, white, and blue striped vertical cylinder commonly recognized as
91.2a barber pole.

91.3    Sec. 19. Minnesota Statutes 2012, section 155A.23, subdivision 3, is amended to read:
91.4    Subd. 3. Cosmetology. "Cosmetology" is the practice of personal services, for
91.5compensation, for the cosmetic care of the hair, nails, and skin. These services include
91.6cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
91.7the areas of the head, scalp, face, arms, hands, legs, and feet, and trunk of the body, except
91.8where these services are performed by a barber under sections 154.001, 154.002, 154.003,
91.9154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26.

91.10    Sec. 20. Minnesota Statutes 2012, section 155A.23, subdivision 8, is amended to read:
91.11    Subd. 8. Manager. A "manager" is any person who conducts, operates, or manages a
91.12cosmetology school or salon and who also instructs in or provides any services, as defined
91.13in subdivision 3. A school manager must maintain an active salon manager's license.

91.14    Sec. 21. Minnesota Statutes 2012, section 155A.23, subdivision 11, is amended to read:
91.15    Subd. 11. Instructor. An "instructor" is any person employed by a school to prepare
91.16and present the theoretical and practical education of cosmetology to persons who seek to
91.17practice cosmetology. An instructor must maintain an active operator or manager's license
91.18in the area in which the instructor holds an instructor's license.

91.19    Sec. 22. Minnesota Statutes 2012, section 155A.25, subdivision 1a, is amended to read:
91.20    Subd. 1a. Schedule. The fee schedule for licensees is as follows for licenses issued
91.21after June 30, 2010, and prior to July 1, 2013:
91.22(a) Three-year license fees:
91.23(1) cosmetologist, nail technician manicurist, or esthetician:
91.24(i) $90 for each initial license and a $40 nonrefundable initial license application fee,
91.25for a total of $130; and
91.26(ii) $60 for each renewal and a $15 nonrefundable renewal application fee, for
91.27a total of $75;
91.28(2) instructor or manager:
91.29(i) $120 for each initial license and a $40 nonrefundable initial license application
91.30fee, for a total of $160; and
91.31(ii) $90 for each renewal and a $15 nonrefundable renewal application fee, for a
91.32total of $105;
92.1(3) salon:
92.2(i) $130 for each initial license and a $100 nonrefundable initial license application
92.3fee, for a total of $230; and
92.4(ii) $100 for each renewal and a $50 nonrefundable renewal application fee, for a
92.5total of $150; and
92.6(4) school:
92.7(i) $1,500 for each initial license and a $1,000 nonrefundable initial license
92.8application fee, for a total of $2,500; and
92.9(ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee,
92.10for a total of $2,000.
92.11(b) Penalties:
92.12(1) reinspection fee, variable;
92.13(2) manager and owner with lapsed practitioner found on inspection, $150 each;
92.14(3) lapsed practitioner or instructor found on inspection, $200;
92.15(4) lapsed salon found on inspection, $500;
92.16(5) lapsed school found on inspection, $1,000;
92.17(6) failure to display current license, $100;
92.18(7) failure to dispose of single-use equipment, implements, or materials as provided
92.19under section 155A.355, paragraph (a), $500;
92.20(8) use of prohibited razor-type callus shavers, rasps, or graters under section
92.21155A.355, $500;
92.22(9) performing manicuring or cosmetology services in esthetician salon, or
92.23performing esthetician or cosmetology services in manicure salon, $500;
92.24(10) owner and manager allowing an operator to work as an independent contractor,
92.25$200;
92.26(11) operator working as an independent contractor, $100;
92.27(12) refusal or failure to cooperate with an inspection, $500;
92.28(3) (13) expired cosmetologist, manicurist, esthetician, manager, school manager,
92.29and instructor license, $45; and
92.30(4) (14) expired salon or school license, $50.
92.31(c) Administrative fees:
92.32(1) certificate of identification, $20;
92.33(2) name change, $20;
92.34(3) letter of license verification, $30;
92.35(4) duplicate license, $20;
92.36(5) processing fee, $10;
93.1(6) special event permit, $75 per year; and
93.2(7) registration of hair braiders, $20 per year.

93.3    Sec. 23. Minnesota Statutes 2012, section 155A.25, subdivision 4, is amended to read:
93.4    Subd. 4. License expiration date. The board shall, in a manner determined by the
93.5board and without the need for rulemaking under chapter 14, phase in changes to initial
93.6and renewal license expiration dates so that by January 1, 2014:
93.7(1) individual licenses expire on the last day of the licensee's birth month of the
93.8year due; and
93.9(2) salon and school licenses expire on the last day of the month of initial licensure
93.10of the year due.

93.11    Sec. 24. Minnesota Statutes 2012, section 155A.27, subdivision 4, is amended to read:
93.12    Subd. 4. Testing. All theory, practical, and Minnesota law and rule testing must
93.13be done by a board-approved provider. Appropriate standardized tests shall be used and
93.14shall include subject matter relative to the application of Minnesota law. In every case,
93.15the primary consideration shall be to safeguard the health and safety of consumers by
93.16determining the competency of the applicants to provide the services indicated.

93.17    Sec. 25. Minnesota Statutes 2012, section 155A.27, subdivision 10, is amended to read:
93.18    Subd. 10. Nonresident licenses. (a) A nonresident cosmetologist, manicurist, or
93.19esthetician may be licensed in Minnesota if the individual has completed cosmetology
93.20school in a state or country with the same or greater school hour requirements, has an
93.21active license in that state or country, and has passed a board-approved theory and
93.22practice-based examination, the Minnesota-specific written operator examination for
93.23cosmetologist, manicurist, or esthetician. If a test is used to verify the qualifications of
93.24trained cosmetologists, the test should be translated into the nonresident's native language
93.25within the limits of available resources. Licenses shall not be issued under this subdivision
93.26for managers or instructors.
93.27(b) If an individual has less than the required number of school hours, the individual
93.28must have had a current active license in another state or country for at least three
93.29years and have passed a board-approved theory and practice-based examination, or
93.30the Minnesota-specific written operator examination for cosmetologist, manicurist, or
93.31esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test
93.32should be translated into the nonresident's native language within the limits of available
93.33resources. Licenses must not be issued under this subdivision for managers or instructors.
94.1(c) Applicants claiming training and experience in a foreign country shall supply
94.2official English-language translations of all required documents from a board-approved
94.3source.

94.4    Sec. 26. Minnesota Statutes 2012, section 155A.29, subdivision 2, is amended to read:
94.5    Subd. 2. Requirements. (a) The conditions and process by which a salon is licensed
94.6shall be established by the board by rule. In addition to those requirements, no license
94.7shall be issued unless the board first determines that the conditions in clauses (1) to (5)
94.8have been satisfied:
94.9(1) compliance with all local and state laws, particularly relating to matters of
94.10sanitation, health, and safety;
94.11(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
94.12(3) inspection and licensing prior to the commencing of business;
94.13(4) (3) if applicable, evidence of compliance with section 176.182; and
94.14(5) (4) evidence of continued professional liability insurance coverage of at least
94.15$25,000 for each claim and $50,000 total coverage for each policy year for each operator.
94.16(b) A licensed esthetician or manicurist who complies with the health, safety,
94.17sanitation, inspection, and insurance rules promulgated by the board to operate a salon
94.18solely for the performance of those personal services defined in section 155A.23,
94.19subdivision 5
, in the case of an esthetician, or subdivision 7, in the case of a manicurist.

94.20    Sec. 27. Minnesota Statutes 2012, section 155A.30, is amended by adding a
94.21subdivision to read:
94.22    Subd. 11. Instruction requirements. (a) Instruction may be offered for no more
94.23than ten hours per day per student.
94.24(b) Instruction must be given within a licensed school building. Online instruction is
94.25permitted for board-approved theory-based classes. Practice-based classes must not be
94.26given online.

94.27    Sec. 28. [155A.355] PROHIBITED USES.
94.28(a) Single-use equipment, implements, or materials that are made or constructed of
94.29paper, wood, or other porous materials must only be used for one application or client
94.30service. Presence of used articles in the work area is prima facie evidence of reuse.
94.31Failure to dispose of the materials in this paragraph is punishable by penalty under section
94.32155A.25, subdivision 1a, paragraph (b), clause (7).
95.1(b) Razor-type callus shavers, rasps, or graters designed and intended to cut growths
95.2of skin such as corns and calluses, including but not limited to credo blades, are prohibited.
95.3Presence of these articles in the work area is prima facie evidence of use and may be
95.4punishable by penalty in section 155A.25, subdivision 1a, paragraph (b), clause (8);
95.5(c) Licensees must not use any of the following substances or products in performing
95.6cosmetology services:
95.7(1) methyl methacrylate liquid monomers, also known as MMA; and
95.8(2) fumigants, including but not limited to formalin tablets or formalin liquids.

95.9    Sec. 29. [179.90] OFFICE OF COLLABORATION AND DISPUTE
95.10RESOLUTION.
95.11The commissioner of mediation services shall establish an Office of Collaboration
95.12and Dispute Resolution within the bureau. The office must:
95.13(1) promote the broad use of community mediation in the state, ensuring that all areas
95.14of the state have access to services by providing grants to private nonprofits entities certified
95.15by the state court administrator under chapter 494 that assist in resolution of disputes;
95.16(2) assist state agencies, offices of the executive, legislative, and judicial branches,
95.17and units of local government in improving collaboration and dispute resolution;
95.18(3) support collaboration and dispute resolution in the public and private sector by
95.19providing technical assistance and information on best practices and new developments in
95.20dispute resolution options;
95.21(4) educate the public and governmental entities on dispute resolution options; and
95.22(5) promote and utilize collaborative dispute resolution models and processes based
95.23on documented best practices including, but not limited to, the Minnesota Solutions model:
95.24(i) establishing criteria and procedures for identification and assessment of dispute
95.25resolution projects;
95.26(ii) designating projects and appointing impartial convenors by the commissioner
95.27or the commissioner's designee;
95.28(iii) forming multidisciplinary conflict resolution teams; and
95.29(iv) utilizing collaborative techniques, processes, and standards through facilitated
95.30meetings until consensus among parties is reached in resolving a dispute.

95.31    Sec. 30. [179.91] GRANTS.
95.32    Subdivision 1. Authority. The commissioner of mediation services shall to the
95.33extent funds are appropriated for this purpose, make grants to private nonprofit community
95.34mediation entities certified by the state court administrator under chapter 494 that assist
96.1in resolution of disputes. The commissioner shall establish a grant review committee to
96.2assist in the review of grant applications and the allocation of grants under this section.
96.3    Subd. 2. Eligibility. To be eligible for a grant under this section, a nonprofit
96.4organization must meet the requirements of section 494.05, subdivision 1, clauses (1),
96.5(2), (4), and (5).
96.6    Subd. 3. Conditions and exclusions. A nonprofit entity receiving a grant must
96.7agree to comply with guidelines adopted by the state court administrator under section
96.8494.015, subdivision 1. Sections 16B.97 and 16B.98 and policies adopted under those
96.9sections apply to grants under this section. The exclusions in section 494.03 apply to
96.10grants under this section.
96.11    Subd. 4. Reporting. Grantees must report data required under chapter 494 to
96.12evaluate quality and outcomes.

96.13    Sec. 31. Minnesota Statutes 2012, section 326A.04, subdivision 2, is amended to read:
96.14    Subd. 2. Timing. (a) Certificates must be initially issued and renewed for periods of
96.15not more than three years annually but in any event must expire on December 31 in the year
96.16prescribed by the board by rule. Applications for certificates must be made in the form, and
96.17in the case of applications for renewal between the dates, specified by the board in rule.
96.18The board shall grant or deny an application no later than 90 days after the application is
96.19filed in proper form. If the applicant seeks the opportunity to show that issuance or renewal
96.20of a certificate was mistakenly denied, or if the board is unable to determine whether it
96.21should be granted or denied, the board may issue to the applicant a provisional certificate
96.22that expires 90 days after its issuance, or when the board determines whether or not to
96.23issue or renew the certificate for which application was made, whichever occurs first.
96.24(b) Certificate holders who do not provide professional services and do not use the
96.25certified public accountant designation in any manner are not required to renew their
96.26certificates provided they have notified the board as provided in board rule and comply
96.27with the requirements for nonrenewal as specified in board rule.
96.28(c) Applications for renewal of a certificate that are complete and timely filed with
96.29the board and are not granted or denied by the board before January 1 are renewed on a
96.30provisional basis as of January 1 and for 90 days thereafter, or until the board grants or
96.31denies the renewal of the certificate, whichever occurs first, provided the licensee meets
96.32the requirements in this chapter and rules adopted by the board.
96.33EFFECTIVE DATE.This section is effective for licenses issued or renewed after
96.34January 1, 2014.

97.1    Sec. 32. Minnesota Statutes 2012, section 326A.04, subdivision 3, is amended to read:
97.2    Subd. 3. Residents of other states. (a) With regard to an applicant who must
97.3obtain a certificate in this state because the applicant does not qualify under the substantial
97.4equivalency standard in section 326A.14, subdivision 1, the board shall issue a certificate
97.5to a holder of a certificate, license, or permit issued by another state upon a showing that:
97.6(1) the applicant passed the examination required for issuance of a certificate in
97.7this state;
97.8(2) the applicant had four years of experience of the type described in section
97.9326A.03, subdivision 6 , paragraph (b), if application is made on or after July 1, 2006,
97.10or section 326A.03, subdivision 8, if application is made before July 1, 2006; or the
97.11applicant meets equivalent requirements prescribed by the board by rule, after passing
97.12the examination upon which the applicant's certificate was based and within the ten years
97.13immediately preceding the application;
97.14(3) if the applicant's certificate, license, or permit was issued more than four years
97.15prior to the application for issuance of an initial certificate under this subdivision, that the
97.16applicant has fulfilled the requirements of continuing professional education that would
97.17have been applicable under subdivision 4; and
97.18(4) the applicant has met the qualifications prescribed by the board by rule.
97.19(b) A certificate holder licensed by another state who establishes a principal place
97.20of business in this state shall request the issuance of a certificate from the board prior to
97.21establishing the principal place of business. The board shall issue a certificate to the person
97.22if the person's individual certified public accountant qualifications, upon verification, are
97.23substantially equivalent to the certified public accountant licensure requirements of this
97.24chapter or the person meets equivalent requirements as the board prescribes by rule.
97.25Residents of this state who provide professional services in this state at an office location
97.26in this state shall be considered to have their principal place of business in this state.

97.27    Sec. 33. Minnesota Statutes 2012, section 326A.04, subdivision 5, is amended to read:
97.28    Subd. 5. Fee. (a) The board shall charge a fee for each application for initial
97.29issuance or renewal of a certificate under this section as provided in paragraph (b).
97.30(b) The board shall charge the following fees:
97.31(1) initial issuance of certificate, $150;
97.32(2) renewal of certificate with an active status, $100 per year;
97.33(3) initial CPA firm permits, except for sole practitioners, $100;
97.34(4) renewal of CPA firm permits, except for sole practitioners and those firms
97.35specified in clause (17), $35 per year;
98.1(5) initial issuance and renewal of CPA firm permits for sole practitioners, except for
98.2those firms specified in clause (17), $35 per year;
98.3(6) annual late processing delinquency fee for permit, certificate, or registration
98.4renewal applications not received prior to expiration date, $50;
98.5(7) copies of records, per page, 25 cents;
98.6(8) registration of noncertificate holders, nonlicensees, and nonregistrants in
98.7connection with renewal of firm permits, $45 per year;
98.8(9) applications for reinstatement, $20;
98.9(10) initial registration of a registered accounting practitioner, $50;
98.10(11) initial registered accounting practitioner firm permits, $100;
98.11(12) renewal of registered accounting practitioner firm permits, except for sole
98.12practitioners, $100 per year;
98.13(13) renewal of registered accounting practitioner firm permits for sole practitioners,
98.14$35 per year;
98.15(14) CPA examination application, $40;
98.16(15) CPA examination, fee determined by third-party examination administrator;
98.17(16) renewal of certificates with an inactive status, $25 per year; and
98.18(17) renewal of CPA firm permits for firms that have one or more offices located in
98.19another state, $68 per year.

98.20    Sec. 34. Minnesota Statutes 2012, section 326A.04, subdivision 7, is amended to read:
98.21    Subd. 7. Certificates issued by foreign countries. The board shall issue a
98.22certificate to a holder of a generally equivalent foreign country designation, provided that:
98.23(1) the foreign authority that granted the designation makes similar provision to
98.24allow a person who holds a valid certificate issued by this state to obtain the foreign
98.25authority's comparable designation;
98.26(2) the foreign designation:
98.27(i) was duly issued by a foreign authority that regulates the practice of public
98.28accountancy and the foreign designation has not expired or been revoked or suspended;
98.29(ii) entitles the holder to issue reports upon financial statements; and
98.30(iii) was issued upon the basis of educational, examination, and experience
98.31requirements established by the foreign authority or by law; and
98.32(3) the applicant:
98.33(i) received the designation, based on educational and examination standards
98.34generally equivalent to those in effect in this state, at the time the foreign designation
98.35was granted;
99.1(ii) has, within the ten years immediately preceding the application, completed an
99.2experience requirement that is generally equivalent to the requirement in section 326A.03,
99.3subdivision 6
, paragraph (b), if application is made on or after July 1, 2006, or section
99.4326A.03, subdivision 8, if application is made before July 1, 2006, in the jurisdiction that
99.5granted the foreign designation; completed four years of professional experience in this
99.6state; or met equivalent requirements prescribed by the board by rule; and
99.7(iii) passed a uniform qualifying examination in national standards and an
99.8examination on the laws, regulations, and code of ethical conduct in effect in this state
99.9as the board prescribes by rule.

99.10    Sec. 35. Minnesota Statutes 2012, section 326A.10, is amended to read:
99.11326A.10 UNLAWFUL ACTS.
99.12(a) Only a licensee and individuals who have been granted practice privileges
99.13under section 326A.14 may issue a report on financial statements of any person, firm,
99.14organization, or governmental unit that results from providing attest services, or offer to
99.15render or render any attest service. Only a certified public accountant, an individual who
99.16has been granted practice privileges under section 326A.14, a CPA firm, or, to the extent
99.17permitted by board rule, a person registered under section 326A.06, paragraph (b), may
99.18issue a report on financial statements of any person, firm, organization, or governmental
99.19unit that results from providing compilation services or offer to render or render any
99.20compilation service. These restrictions do not prohibit any act of a public official or
99.21public employee in the performance of that person's duties or prohibit the performance
99.22by any nonlicensee of other services involving the use of accounting skills, including
99.23the preparation of tax returns, management advisory services, and the preparation of
99.24financial statements without the issuance of reports on them. Nonlicensees may prepare
99.25financial statements and issue nonattest transmittals or information on them which do not
99.26purport to be in compliance with the Statements on Standards for Accounting and Review
99.27Services (SSARS). Nonlicensees registered under section 326A.06, paragraph (b), may,
99.28to the extent permitted by board rule, prepare financial statements and issue nonattest
99.29transmittals or information on them.
99.30(b) Licensees and individuals who have been granted practice privileges under
99.31section 326A.14 performing attest or compilation services must provide those services in
99.32accordance with professional standards. To the extent permitted by board rule, registered
99.33accounting practitioners performing compilation services must provide those services in
99.34accordance with standards specified in board rule.
100.1(c) A person who does not hold a valid certificate issued under section 326A.04
100.2or a practice privilege granted under section 326A.14 shall not use or assume the title
100.3"certified public accountant," the abbreviation "CPA," or any other title, designation,
100.4words, letters, abbreviation, sign, card, or device tending to indicate that the person is a
100.5certified public accountant.
100.6(d) A firm shall not provide attest services or assume or use the title "certified public
100.7accountants," the abbreviation "CPA's," or any other title, designation, words, letters,
100.8abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless
100.9(1) the firm has complied with section 326A.05, and (2) ownership of the firm is in
100.10accordance with this chapter and rules adopted by the board.
100.11(e) A person or firm that does not hold a valid certificate or permit issued under
100.12section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or
100.13326A.05 as required in this chapter shall not assume or use the title "certified accountant,"
100.14"chartered accountant," "enrolled accountant," "licensed accountant," "registered
100.15accountant," "accredited accountant," "accounting practitioner," "public accountant,"
100.16"licensed public accountant," or any other title or designation likely to be confused
100.17with the title "certified public accountant," or use any of the abbreviations "CA," "LA,"
100.18"RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the
100.19abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals
100.20so designated by the Internal Revenue Service.
100.21(f) Persons registered under section 326A.06, paragraph (b), may use the title
100.22"registered accounting practitioner" or the abbreviation "RAP." A person who does not
100.23hold a valid registration under section 326A.06, paragraph (b), shall not assume or use
100.24such title or abbreviation.
100.25(g) Except to the extent permitted in paragraph (a), nonlicensees may not use
100.26language in any statement relating to the financial affairs of a person or entity that is
100.27conventionally used by licensees in reports on financial statements. In this regard, the
100.28board shall issue by rule safe harbor language that nonlicensees may use in connection
100.29with such financial information. A person or firm that does not hold a valid certificate or
100.30permit, or a registration issued under section 326A.04, 326A.05, or 326A.06, paragraph
100.31(b)
, or has not otherwise complied with section 326A.04 or 326A.05 as required in this
100.32chapter shall not assume or use any title or designation that includes the word "accountant"
100.33or "accounting" in connection with any other language, including the language of a report,
100.34that implies that the person or firm holds such a certificate, permit, or registration or has
100.35special competence as an accountant. A person or firm that does not hold a valid certificate
100.36or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with
101.1section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title
101.2or designation that includes the word "auditor" in connection with any other language,
101.3including the language of a report, that implies that the person or firm holds such a
101.4certificate or permit or has special competence as an auditor. However, this paragraph
101.5does not prohibit any officer, partner, member, manager, or employee of any firm or
101.6organization from affixing that person's own signature to any statement in reference to the
101.7financial affairs of such firm or organization with any wording designating the position,
101.8title, or office that the person holds, nor prohibit any act of a public official or employee in
101.9the performance of the person's duties as such.
101.10(h)(1) No person holding a certificate or registration or firm holding a permit under
101.11this chapter shall use a professional or firm name or designation that is misleading about
101.12the legal form of the firm, or about the persons who are partners, officers, members,
101.13managers, or shareholders of the firm, or about any other matter. However, names of one
101.14or more former partners, members, managers, or shareholders may be included in the
101.15name of a firm or its successor.
101.16(2) A common brand name or network name part, including common initials, used
101.17by a CPA firm in its name, is not misleading if the firm is a network firm as defined in
101.18the American Institute of Certified Public Accountants (AICPA) Code of Professional
101.19Conduct in effect July 1, 2011, and when offering or rendering services that require
101.20independence under AICPA standards, the firm must comply with the AICPA code's
101.21applicable standards on independence.
101.22(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification,
101.23designation, degree, or license granted in a foreign country entitling the holder to engage
101.24in the practice of public accountancy or its equivalent in that country, if:
101.25(1) the activities of the person or firm in this state are limited to the provision of
101.26professional services to persons or firms who are residents of, governments of, or business
101.27entities of the country in which the person holds the entitlement;
101.28(2) the person or firm performs no attest or compilation services and issues no reports
101.29with respect to the financial statements of any other persons, firms, or governmental
101.30units in this state; and
101.31(3) the person or firm does not use in this state any title or designation other than
101.32the one under which the person practices in the foreign country, followed by a translation
101.33of the title or designation into English, if it is in a different language, and by the name
101.34of the country.
101.35(j) No holder of a certificate issued under section 326A.04 may perform attest services
101.36through any business form that does not hold a valid permit issued under section 326A.05.
102.1(k) No individual licensee may issue a report in standard form upon a compilation
102.2of financial information through any form of business that does not hold a valid permit
102.3issued under section 326A.05, unless the report discloses the name of the business through
102.4which the individual is issuing the report, and the individual:
102.5(1) signs the compilation report identifying the individual as a certified public
102.6accountant;
102.7(2) meets the competency requirement provided in applicable standards; and
102.8(3) undergoes no less frequently than once every three years, a peer review
102.9conducted in a manner specified by the board in rule, and the review includes verification
102.10that the individual has met the competency requirements set out in professional standards
102.11for such services.
102.12(l) No person registered under section 326A.06, paragraph (b), may issue a report
102.13in standard form upon a compilation of financial information unless the board by rule
102.14permits the report and the person:
102.15(1) signs the compilation report identifying the individual as a registered accounting
102.16practitioner;
102.17(2) meets the competency requirements in board rule; and
102.18(3) undergoes no less frequently than once every three years a peer review conducted
102.19in a manner specified by the board in rule, and the review includes verification that the
102.20individual has met the competency requirements in board rule.
102.21(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from
102.22preparing or presenting records or documents customarily prepared by an attorney or firm
102.23of attorneys in connection with the attorney's professional work in the practice of law.
102.24(n) The board shall adopt rules that place limitations on receipt by a licensee or a
102.25person who holds a registration under section 326A.06, paragraph (b), of:
102.26(1) contingent fees for professional services performed; and
102.27(2) commissions or referral fees for recommending or referring to a client any
102.28product or service.
102.29(o) Anything in this section to the contrary notwithstanding, it shall not be a violation
102.30of this section for a firm not holding a valid permit under section 326A.05 and not having
102.31an office in this state to provide its professional services in this state so long as it complies
102.32with the applicable requirements of section 326A.05, subdivision 1.

102.33    Sec. 36. REVISOR'S INSTRUCTION.
102.34(a) The revisor of statutes shall change the term "manicurist" to "nail technician"
102.35wherever it appears in Minnesota Rules and Statutes.
103.1(b) The revisor of statutes shall change the term "licensed" to "registered" and
103.2"license" to "registration" wherever it appears in Minnesota Statutes, chapter 154, or
103.3applicable Minnesota Rules.

103.4    Sec. 37. REPEALER.
103.5(a) Minnesota Statutes 2012, sections 116W.01; 116W.02; 116W.03; 116W.035;
103.6116W.04; 116W.05; 116W.06; 116W.20; 116W.21; 116W.23; 116W.24; 116W.25;
103.7116W.26; 116W.27; 116W.28; 116W.29; 116W.30; 116W.31; 116W.32; 116W.33;
103.8116W.34; 155A.25, subdivision 1; and 326A.03, subdivisions 2, 5, and 8, are repealed.
103.9(b) Minnesota Rules, parts 1105.0600; 1105.2550; and 1105.2700, are repealed.

103.10ARTICLE 6
103.11COMMERCE AND CONSUMER PROTECTION APPROPRIATIONS

103.12
Section 1. SUMMARY OF APPROPRIATIONS.
103.13The amounts shown in this section summarize direct appropriations, by fund, made
103.14in this article.
103.15
2014
2015
Total
103.16
General
$
44,608,000
$
44,868,000
$
89,476,000
103.17
Special Revenue
4,898,000
4,940,000
9,838,000
103.18
Petroleum Tank
1,052,000
1,052,000
2,104,000
103.19
Workers' Compensation
751,000
751,000
1,502,000
103.20
Lottery Prize Fund
225,000
225,000
450,000
103.21
Total
$
51,534,000
$
51,836,000
$
103,370,000

103.22
Sec. 2. COMMERCE AND CONSUMER PROTECTION APPROPRIATIONS.
103.23The sums shown in the columns marked "Appropriations" are appropriated to the
103.24agencies and for the purposes specified in this article. The appropriations are from the
103.25general fund, or another named fund, and are available for the fiscal years indicated
103.26for each purpose. The figures "2014" and "2015" used in this article mean that the
103.27appropriations listed under them are available for the fiscal year ending June 30, 2014, or
103.28June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
103.29year 2015. "The biennium" is fiscal years 2014 and 2015.
103.30
APPROPRIATIONS
103.31
Available for the Year
103.32
Ending June 30
103.33
2014
2015

104.1
Sec. 3. DEPARTMENT OF COMMERCE
104.2
Subdivision 1.Total Appropriation
$
26,126,000
$
26,048,000
104.3
Appropriations by Fund
104.4
2014
2015
104.5
General
24,323,000
24,245,000
104.6
Petroleum Tank
1,052,000
1,052,000
104.7
104.8
Workers'
Compensation
751,000
751,000
104.9The amounts that may be spent for each
104.10purpose are specified in the following
104.11subdivisions.
104.12
Subd. 2.Financial Institutions
4,885,000
4,885,000
104.13$142,000 each year is for the regulation of
104.14mortgage originators and servicers under
104.15Minnesota Statutes, chapters 58 and 58A.
104.16
104.17
Subd. 3.Petroleum Tank Release
Compensation Board
1,052,000
1,052,000
104.18This appropriation is from the petroleum
104.19tank fund.
104.20
Subd. 4.Administrative Services
6,689,000
6,865,000
104.21$375,000 each year is for additional
104.22compliance efforts with unclaimed property.
104.23The commissioner may issue contracts for
104.24these services.
104.25$25,000 each year is for newspaper
104.26advertising directed at persons who own or
104.27may own unclaimed property. By June 30
104.28of each year, the commissioner shall submit
104.29a report to the house and senate committees
104.30with jurisdiction over the department of the
104.31results of the newspaper advertisements
104.32in returning property to the owners. This
104.33appropriation for newspaper advertising and
104.34the requirement of a report is for fiscal years
104.352014 and 2015 only.
105.1Fees for the Weights and Measures Unit are
105.2increased by 30 percent during fiscal year
105.32014. All fees are deposited to the general
105.4fund as nondedicated revenue.
105.5Base adjustment. $174,000 in fiscal year
105.62014 and $350,000 in fiscal year 2015 is
105.7added to the base.
105.8
Subd. 5.Telecommunications
1,509,000
1,259,000
105.9$500,000 in fiscal year 2014 and $250,000
105.10in fiscal year 2015 are for the Broadband
105.11Development Office. $250,000 of the
105.12appropriation for fiscal year 2014 is a onetime
105.13appropriation for grants to low-payment-rate
105.14nursing facilities for information technology
105.15or telecommunications equipment upgrades.
105.16The following transfer is from the
105.17telecommunications access Minnesota
105.18fund. $500,000 the first year and $800,000
105.19the second year and each year thereafter
105.20are for transfer to the commissioner of
105.21human services to supplement the ongoing
105.22operational expenses of the Commission
105.23of Deaf, DeafBlind, and Hard-of-Hearing
105.24Minnesotans.
105.25
Subd. 6.Enforcement
4,824,000
4,820,000
105.26
Appropriations by Fund
105.27
General
4,626,000
4,622,000
105.28
105.29
Workers'
Compensation
198,000
198,000
105.30Of the general fund amount, $646,000 in
105.31fiscal year 2014 and $642,000 in fiscal year
105.322015 is to establish the regulation of gold
105.33bullion dealers.
105.34
Subd. 7.Energy Resources
3,252,000
3,252,000
106.1
Subd. 8.Insurance
3,915,000
3,915,000
106.2
Appropriations by Fund
106.3
General
3,362,000
3,362,000
106.4
106.5
Workers'
Compensation
553,000
553,000

106.6
Sec. 4. PUBLIC UTILITIES COMMISSION
$
6,226,000
$
6,277,000
106.7Base adjustment. $48,000 in fiscal year
106.82014 and $99,000 in fiscal year 2015 is
106.9added to the base.

106.10
Sec. 5. GAMBLING CONTROL
$
3,989,000
$
4,021,000
106.11These appropriations are from the lawful
106.12gambling regulation account in the special
106.13revenue fund.
106.14Base adjustment. $30,000 in fiscal year
106.152014 and $62,000 in fiscal year 2015 is
106.16added to the base.

106.17
Sec. 6. RACING COMMISSION
$
909,000
$
919,000
106.18These appropriations are from the racing
106.19and card playing regulation accounts in the
106.20special revenue fund.
106.21Base adjustment. $10,000 in fiscal year
106.222014 and $20,000 in fiscal year 2015 is
106.23added to the base.

106.24
Sec. 7. STATE LOTTERY
106.25Notwithstanding Minnesota Statutes, section
106.26349A.10, subdivision 3, the operating budget
106.27must not exceed $30,500,000 in fiscal year
106.282014 and $30,500,000 in fiscal year 2015.

106.29
Sec. 8. EXPLORE MINNESOTA TOURISM
$
14,059,000
$
14,096,000
107.1(a) Of this amount, $12,000 each year is for a
107.2grant to the Upper Minnesota Film Office.
107.3(b)(1) To develop maximum private sector
107.4involvement in tourism, $500,000 in fiscal
107.5year 2014 and $500,000 in fiscal year 2015
107.6must be matched by Explore Minnesota
107.7Tourism from nonstate sources. Each $1 of
107.8state incentive must be matched with $6 of
107.9private sector funding. Cash match is defined
107.10as revenue to the state or documented cash
107.11expenditures directly expended to support
107.12Explore Minnesota Tourism programs. Up
107.13to one-half of the private sector contribution
107.14may be in-kind or soft match. The incentive
107.15in fiscal year 2014 shall be based on fiscal
107.16year 2013 private sector contributions. The
107.17incentive in fiscal year 2015 shall be based on
107.18fiscal year 2014 private sector contributions.
107.19This incentive is ongoing.
107.20(2) Funding for the marketing grants is
107.21available either year of the biennium.
107.22Unexpended grant funds from the first year
107.23are available in the second year.
107.24(3) Unexpended money from the general
107.25fund appropriations made under this section
107.26does not cancel but must be placed in a
107.27special marketing account for use by Explore
107.28Minnesota Tourism for additional marketing
107.29activities.
107.30(c) $325,000 in fiscal year 2014 and $325,000
107.31in fiscal year 2015 are for the Minnesota
107.32Film and TV Board. The appropriation in
107.33each year is available only upon receipt by
107.34the board of $1 in matching contributions
107.35of money or in-kind contributions from
108.1nonstate sources for every $3 provided by
108.2this appropriation, except that each year up
108.3to $50,000 is available on July 1 even if the
108.4required matching contribution has not been
108.5received by that date.
108.6(d) Base adjustment. $34,000 in fiscal
108.7year 2014 and $71,000 in fiscal year 2015
108.8is added to the base.

108.9    Sec. 9. PROBLEM GAMBLING APPROPRIATION.
108.10$225,000 in fiscal year 2014 and $225,000 in fiscal year 2015 are appropriated
108.11from the lottery prize fund to the commissioner of human services for a grant to the
108.12state affiliate recognized by the National Council on Problem Gambling. The affiliate
108.13must provide services to increase public awareness of problem gambling, education,
108.14and training for individuals and organizations providing effective treatment services to
108.15problem gamblers and their families, and research relating to problem gambling. These
108.16services must be complementary to and not duplicative of the services provided through
108.17the problem gambling program administered by the commissioner of human services.
108.18This is a onetime appropriation.

108.19ARTICLE 7
108.20COMMERCE AND CONSUMER PROTECTION POLICY

108.21    Section 1. Minnesota Statutes 2012, section 60A.14, subdivision 1, is amended to read:
108.22    Subdivision 1. Fees other than examination fees. In addition to the fees and
108.23charges provided for examinations, the following fees must be paid to the commissioner
108.24for deposit in the general fund:
108.25(a) by township mutual fire insurance companies;
108.26(1) for filing certificate of incorporation $25 and amendments thereto, $10;
108.27(2) for filing annual statements, $15;
108.28(3) for each annual certificate of authority, $15;
108.29(4) for filing bylaws $25 and amendments thereto, $10;
108.30(b) by other domestic and foreign companies including fraternals and reciprocal
108.31exchanges;
108.32(1) for filing an application for an initial certification of authority to be admitted
108.33to transact business in this state, $1,500;
109.1(2) for filing certified copy of certificate of articles of incorporation, $100;
109.2(3) for filing annual statement, $225;
109.3(4) for filing certified copy of amendment to certificate or articles of incorporation,
109.4$100;
109.5(5) for filing bylaws, $75 or amendments thereto, $75;
109.6(6) for each company's certificate of authority, $575, annually;
109.7(c) the following general fees apply:
109.8(1) for each certificate, including certified copy of certificate of authority, renewal,
109.9valuation of life policies, corporate condition or qualification, $25;
109.10(2) for each copy of paper on file in the commissioner's office 50 cents per page,
109.11and $2.50 for certifying the same;
109.12(3) for license to procure insurance in unadmitted foreign companies, $575;
109.13(4) for valuing the policies of life insurance companies, one cent per $1,000 of
109.14insurance so valued, provided that the fee shall not exceed $13,000 per year for any
109.15company. The commissioner may, in lieu of a valuation of the policies of any foreign life
109.16insurance company admitted, or applying for admission, to do business in this state, accept
109.17a certificate of valuation from the company's own actuary or from the commissioner of
109.18insurance of the state or territory in which the company is domiciled;
109.19(5) for receiving and filing certificates of policies by the company's actuary, or by
109.20the commissioner of insurance of any other state or territory, $50;
109.21(6) for each appointment of an agent filed with the commissioner, $10 $30;
109.22(7) for filing forms, rates, and compliance certifications under section 60A.315, $140
109.23per filing, or $125 per filing when submitted via electronic filing system. Filing fees
109.24may be paid on a quarterly basis in response to an invoice. Billing and payment may
109.25be made electronically;
109.26(8) for annual renewal of surplus lines insurer license, $300.
109.27The commissioner shall adopt rules to define filings that are subject to a fee.

109.28    Sec. 2. [80G.01] REGISTRATION.
109.29(a) The fee for each registration under this chapter shall be as follows:
109.30(1) bullion coin dealers, $25; and
109.31(2) coin dealer representatives, $10.
109.32(b) The commissioner, based on the cost of processing registrations, may adjust the
109.33registration fee on an annual basis as needed.

109.34    Sec. 3. [161.462] FIBER COLLABORATION DATABASE.
110.1    Subdivision 1. Purpose. The purpose of the fiber collaboration database is
110.2to provide broadband providers with advance notice of upcoming Department of
110.3Transportation construction projects, so that they may notify the department of their
110.4interest in installing broadband infrastructure within the right-of-way during construction
110.5in order to minimize installation costs.
110.6    Subd. 2. Database. (a) The Department of Transportation shall post on its Web site,
110.7and update annually, the list of upcoming construction projects contained in its statewide
110.8transportation improvement program, including, for each project:
110.9(1) the geographical location where construction will occur;
110.10(2) the estimated start and end dates of construction; and
110.11(3) a description of the nature of the construction project.
110.12(b) The department shall post this information as far in advance of the beginning of
110.13construction as is feasible.
110.14(c) The department's Web site shall allow a provider of broadband service to register
110.15to receive from the department electronic information on proposed construction projects
110.16added to the database in specific geographical areas of the state as soon as it is updated.
110.17EFFECTIVE DATE.This section is effective the day following final enactment.

110.18    Sec. 4. Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
110.19    Subd. 3. Annual reports. The commissioner of commerce must annually by
110.20February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
110.21and ranking minority members of the legislative committees with primary jurisdiction
110.22over telecommunication issues. The report must also suggest policies, incentives, and
110.23legislation designed to accelerate the achievement of the goals. The report on goals under
110.24subdivision 1 must be made through 2015.
110.25EFFECTIVE DATE.This section is effective the day following final enactment.

110.26    Sec. 5. [237.85] OFFICE OF BROADBAND DEVELOPMENT.
110.27    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
110.28have the meanings given them.
110.29(b) "Broadband" or "broadband service" means any service providing advanced
110.30telecommunications capability and Internet access with transmission speeds that, at a
110.31minimum, meet the Federal Communications Commission definition for broadband.
110.32(c) "Local unit of government" has the meaning given in section 116G.03,
110.33subdivision 3.
111.1(d) "Office" means the Office of Broadband Development established in subdivision
111.22, paragraph (a).
111.3    Subd. 2. Office established; purpose. (a) An Office of Broadband Development is
111.4established within the Department of Commerce.
111.5(b) The purpose of the office is to encourage, foster, develop, and improve broadband
111.6within the state in order to:
111.7(1) drive job creation, promote innovation, and expand markets for Minnesota
111.8businesses;
111.9(2) serve the ongoing and growing needs of Minnesota's education systems, health
111.10care system, public safety system, industries and businesses, governmental operations,
111.11and citizens; and
111.12(3) improve accessibility for underserved communities and populations.
111.13    Subd. 3. Organization. The office shall consist of a director of the Office of
111.14Broadband Development, as well as any staff necessary to carry out the office's duties
111.15under subdivision 4.
111.16    Subd. 4. Duties. The office shall have the power and duty to:
111.17(1) serve as the central broadband planning body for the state of Minnesota;
111.18(2) coordinate with state, regional, local, and private entities to develop, to the
111.19maximum extent practicable, a uniform statewide broadband access and usage policy;
111.20(3) develop, recommend, and implement a statewide plan to encourage cost-effective
111.21broadband access, and to make recommendations for increased usage, particularly in
111.22rural and other underserved areas;
111.23(4) coordinate efforts, in consultation and cooperation with the commissioner of
111.24commerce, local units of government, and private entities, to meet the state's broadband
111.25goals in section 237.012;
111.26(5) develop, coordinate, and implement the state's broadband infrastructure
111.27development program under section 237.90;
111.28(6) provide consultation services to local units of government or other project
111.29sponsors in connection with the planning, acquisition, improvement, construction, or
111.30development of any broadband deployment project;
111.31(7) encourage public-private partnerships to increase deployment and adoption
111.32of broadband services and applications, including recommending funding options and
111.33possible incentives to encourage investment in broadband expansion;
111.34(8) monitor the broadband development efforts of other states and nations in areas
111.35such as business, education, public safety, and health;
112.1(9) monitor broadband-related activities at the federal level, including regulatory and
112.2policy changes and the potential impact on broadband deployment and sustainability in
112.3the state;
112.4(10) serve as an information clearinghouse for federal programs providing financial
112.5assistance to institutions located in rural areas seeking to obtain access to high speed
112.6broadband service, and use this information as an outreach tool to make institutions
112.7located in rural areas that are unserved or underserved with respect to broadband service
112.8aware of the existence of federal assistance;
112.9(11) coordinate an ongoing collaborative effort of stakeholders to evaluate and
112.10address security, vulnerability, and redundancy issues important to ensure the reliability
112.11of broadband networks;
112.12(12) provide an annual report, as required by subdivision 5; and
112.13(13) perform any other activities consistent with the office's purpose.
112.14    Subd. 5. Reporting. (a) Beginning on January 15, 2014, and each year thereafter,
112.15the Office of Broadband Development shall report to the legislative committees having
112.16jurisdiction over telecommunications policy and finance on the office's activities during
112.17the previous year.
112.18(b) The report shall contain, at a minimum:
112.19(1) an analysis of the current availability and use of broadband, including average
112.20broadband speeds, within the state;
112.21(2) information gathered from schools, libraries, hospitals, and public safety
112.22facilities across the state, determining the actual speed and capacity of broadband currently
112.23in use and the need, if any, for increases in speed and capacity to meet basic needs;
112.24(3) an analysis of incumbent broadband infrastructure within the state and its ability
112.25to spur economic development;
112.26(4) an analysis of the degree to which new, additional, or improved broadband
112.27infrastructure would spur economic development in the state;
112.28(5) a summary of the office's activities in coordinating broadband infrastructure
112.29development under section 237.90;
112.30(6) any proposed legislative and policy initiatives; and
112.31(7) any other information requested by the legislative committees having jurisdiction
112.32over telecommunications policy and finance, or that the office deems necessary.
112.33(c) The report may be submitted electronically and is subject to section 3.195,
112.34subdivision 1.
112.35EFFECTIVE DATE.This section is effective the day following final enactment.

113.1    Sec. 6. [237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
113.2DEVELOPMENT.
113.3    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
113.4have the meanings given them.
113.5(b) "Broadband" or "broadband service" has the meaning given in section 237.85,
113.6subdivision 1, paragraph (b).
113.7(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
113.8optic or other cables that support broadband and wireless facilities for broadband service.
113.9(d) "Local unit of government" has the meaning given in section 116G.03,
113.10subdivision 3.
113.11(e) "Office" means the Office of Broadband Development established in section
113.12237.85.
113.13    Subd. 2. Broadband infrastructure development. (a) The office shall, in
113.14collaboration with the Department of Transportation and private entities, encourage and
113.15coordinate "dig once" efforts for the planning, relocation, installation, or improvement of
113.16broadband conduit within the right-of-way in conjunction with any current or planned
113.17construction, including, but not limited to, trunk highways and bridges. To the extent
113.18necessary, the office shall, in collaboration with the Department of Transportation,
113.19evaluate engineering and design standards, procedures and criteria for contracts or lease
113.20agreements with private entities, and pricing requirements, and provide for allocation
113.21of risk, costs, and any revenue generated.
113.22(b) The office shall, in collaboration with other state departments and agencies as the
113.23office deems necessary, develop a strategy to facilitate the timely and efficient deployment
113.24of broadband conduit or other broadband facilities on state-owned lands and buildings.
113.25(c) To the extent practicable, the office shall encourage and assist local units of
113.26government to adopt and implement policies similar to those under paragraphs (a) and (b)
113.27for construction or other improvements to county state-aid highways, municipal state-aid
113.28roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
113.29other lands or buildings owned by the local unit of government.
113.30(d) Special consideration must be paid to projects under this subdivision that will
113.31likely improve access to broadband by rural or underserved communities.
113.32    Subd. 3. Reporting. As part of its annual report under section 237.85, subdivision
113.335, the office shall report on activities taken under this section, including, but not limited to,
113.34the number of current and planned projects using the "dig once" approach, any gains in
113.35broadband speed or access associated with the project, and any costs or cost savings to
113.36the state, private entity, or end user of broadband services.
114.1    Subd. 4. No right of action. Nothing in this section shall be construed to create
114.2any right or benefit, substantive or procedural, enforceable at law or in equity by any
114.3party against the state of Minnesota, its departments, agencies, or entities, its officers,
114.4employees, or agents, or any other person.
114.5EFFECTIVE DATE.This section is effective the day following final enactment.

114.6    Sec. 7. Minnesota Statutes 2012, section 239.101, subdivision 3, is amended to read:
114.7    Subd. 3. Petroleum inspection fee; appropriation, uses. (a) An inspection fee
114.8is imposed (1) on petroleum products when received by the first licensed distributor,
114.9and (2) on petroleum products received and held for sale or use by any person when the
114.10petroleum products have not previously been received by a licensed distributor. The
114.11petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of
114.12revenue shall collect the fee. The revenue from 81 89 cents of the fee is appropriated to
114.13the commissioner of commerce for the cost of operations of the Division of Weights and
114.14Measures, petroleum supply monitoring, and to make grants to providers of low-income
114.15weatherization services to install renewable energy equipment in households that are
114.16eligible for weatherization assistance under Minnesota's weatherization assistance
114.17program state plan. The remainder of the fee must be deposited in the general fund.
114.18    (b) The commissioner of revenue shall credit a person for inspection fees previously
114.19paid in error or for any material exported or sold for export from the state upon filing of a
114.20report as prescribed by the commissioner of revenue.
114.21    (c) The commissioner of revenue may collect the inspection fee along with any
114.22taxes due under chapter 296A.

114.23    Sec. 8. Minnesota Statutes 2012, section 507.235, subdivision 2, is amended to read:
114.24    Subd. 2. Penalty for failure to file. (a) A vendee who fails to record a contract for
114.25deed, as required by subdivision 1, is subject to a civil penalty, payable under subdivision
114.265, equal to two percent of the principal amount of the contract debt, unless the vendee
114.27has not received a copy of the contract for deed in recordable form, as required under
114.28subdivision 1a. Payments of the penalty shall be deposited in the general fund of the
114.29county. The penalty may be enforced as a lien against the vendee's interest in the property.
114.30(b) A person receiving an assignment of a vendee's interest in a contract for deed
114.31who fails to record the assignment as required by subdivision 1 is subject to a civil penalty,
114.32payable under subdivision 5, equal to two percent of the original principal amount of the
114.33contract debt. Payments of the penalty must be deposited in the general fund of the county.
114.34The penalty may be enforced as a lien against the vendee's interest in the property.

115.1    Sec. 9. [559.201] DEFINITIONS.
115.2    Subdivision 1. Application. The definitions in this section apply to section 559.202.
115.3    Subd. 2. Business day. "Business day" means any day other than a Saturday,
115.4Sunday, or holiday as defined in section 645.44, subdivision 5.
115.5    Subd. 3. Family farm security loan. "Family farm security loan" has the meaning
115.6given in Minnesota Statutes 2008, section 41.52, subdivision 5.
115.7    Subd. 4. Multiple seller. "Multiple seller" means a person that has acted as a seller
115.8in four or more contracts for deed involving residential real property during the 12-month
115.9period that precedes either: (1) the date on which the purchaser executes a purchase
115.10agreement under section 559.202; or (2) if there is no purchase agreement, the date on
115.11which the purchaser executes a contract for deed under section 559.202. A contract for
115.12deed transaction that is exempt under section 559.202, subdivision 2, is a contract for deed
115.13for the purposes of determining whether a seller is a multiple seller.
115.14    Subd. 5. Person. "Person" means a natural person, partnership, corporation, limited
115.15liability company, association, trust, or other legal entity, however organized.
115.16    Subd. 6. Purchase agreement. "Purchase agreement" means a purchase agreement
115.17for a contract for deed, an earnest money contract, or an executed option contemplating
115.18that, at closing, the seller and the purchaser will enter into a contract for deed.
115.19    Subd. 7. Purchaser. "Purchaser" means a natural person who enters into a contract
115.20for deed to purchase residential real property. Purchaser includes all purchasers who enter
115.21into the same contract for deed to purchase residential real property.
115.22    Subd. 8. Residential real property. "Residential real property" means real property
115.23consisting of one to four family dwelling units, one of which the purchaser intends to
115.24occupy as the purchaser's principal place of residence. Residential real property does
115.25not include property subject to a family farm security loan or a transaction subject to
115.26sections 583.20 to 583.32.

115.27    Sec. 10. [559.202] CONTRACTS FOR DEED INVOLVING RESIDENTIAL
115.28PROPERTY.
115.29    Subdivision 1. Notice required. (a) In addition to the disclosures required under
115.30sections 513.52 to 513.60, a multiple seller must deliver the notice specified under
115.31subdivision 3 to a prospective purchaser as provided under this subdivision.
115.32(b) If there is a purchase agreement, the notice must be affixed to the front of
115.33the purchase agreement. A contract for deed for which notice is required under this
115.34subdivision may not be executed for five business days following the execution of the
115.35purchase agreement and delivery of the notice and instructions for cancellation.
116.1(c) If there is no purchase agreement, a multiple seller must deliver the notice in a
116.2document separate from any other document or writing to a prospective purchaser no less
116.3than five business days before the prospective purchaser executes the contract for deed.
116.4(d) The notice must be:
116.5(1) written in at least 12-point type; and
116.6(2) signed and dated by the purchaser.
116.7(e) If a dispute arises concerning whether or when the notice required by this
116.8subdivision was provided to the purchaser, there is a rebuttable presumption that the notice
116.9was not provided unless the original executed contract for deed contains the following
116.10statement, initialed by the purchaser: "By initialing here ....... purchaser acknowledges
116.11receipt at least five business days before signing this contract for deed of the disclosure
116.12statement entitled "Important Information About Contracts for Deed" required by
116.13Minnesota Statutes, section 559.202, subdivision 3."
116.14    Subd. 2. Exception. This section does not apply if the purchaser is represented
116.15throughout the transaction by either:
116.16(1) a person licensed to practice law in this state; or
116.17(2) a person licensed as a real estate broker or salesperson under chapter 82,
116.18provided that the representation does not create a dual agency, as that term is defined
116.19in section 82.55, subdivision 6.
116.20    Subd. 3. Content of the notice. The notice must contain the following verbatim
116.21language:
116.22"IMPORTANT INFORMATION ABOUT CONTRACTS FOR DEED
116.23Know What You Are Getting Into
116.24(1) A contract for deed is a complex legal agreement. You are NOT a tenant. Mortgage
116.25foreclosure laws don't apply.
116.26(2) You should know ALL of your obligations and rights before you sign a purchase
116.27agreement or contract for deed.
116.28(3) You (seller must circle one):
116.29
(a)
DO
DO NOT
have to pay homeowner's insurance.
116.30
(b)
DO
DO NOT
have to pay property taxes.
116.31
116.32
(c)
DO
DO NOT
have to make and pay for some or all of the repairs or
maintenance, as described in the contract for deed.
116.33(4) After some time, you may need to make a large lump sum payment (called a "balloon
116.34payment"). Know when it is due and how much it will be. You'll probably need to get a
116.35new mortgage, another financial arrangement, or pay for the balance in cash at that time.
117.1(5) If you miss just a single payment or can't make the balloon payment, the seller can
117.2cancel your contract. You will likely lose all the money you have already paid. You will
117.3likely lose your ability to purchase the home. The seller can begin an eviction action
117.4against you in just a few months.
117.5(6) Within four months of signing the contract for deed, you must "record" it in the office
117.6of the county recorder or registrar of titles in the county in which the property is located.
117.7If you do not do so, you could face a fine.
117.8Key Things Highly Recommended Before You Sign
117.9(1) Get advice from a lawyer or the Minnesota Home Ownership Center at
117.101-866-462-6466. To find a lawyer through the Minnesota State Bar Association, go to
117.11www.mnfindalawyer.com.
117.12(2) Get an independent, professional appraisal of the property to learn what it is worth.
117.13(3) Get an independent, professional inspection of the property.
117.14(4) Buy title insurance or ask a real estate lawyer for a "title opinion."
117.15(5) Check with the city or county to find out if there are inspection reports or unpaid
117.16utility bills.
117.17(6) Check with a title company or the county where the property is located to find out if
117.18there is a mortgage or other lien on the property and if the property taxes have been paid.
117.19If You Are Entering into a Purchase Agreement
117.20(1) If you haven't already signed the contract for deed, you can cancel the purchase
117.21agreement (and get all your money back) if you do so within five business days after
117.22getting this notice.
117.23(2) To cancel the purchase agreement, you must follow the provisions of Minnesota
117.24Statutes, section 559.217, subdivision 4. Ask a lawyer for help."
117.25    Subd. 4. Right to cancel purchase agreement. (a) A prospective purchaser may
117.26cancel a purchase agreement within five business days after actually receiving the notice
117.27required under subdivision 1 if a multiple seller fails to timely deliver the notice, provided
117.28that the contract for deed has not been executed by all parties.
117.29(b) A prospective purchaser may cancel the purchase agreement in accordance with
117.30the provisions of section 559.217, subdivision 4.
117.31(c) In the event of cancellation, the multiple seller may not impose a penalty and must
117.32promptly refund all payments made by the prospective purchaser prior to cancellation.
118.1    Subd. 5. Remedies for failure to timely deliver notices. (a) Notwithstanding
118.2any contrary provision in the purchase agreement or contract for deed, a purchaser has
118.3a private right of action against a multiple seller who fails to timely deliver the notice
118.4required under subdivision 1. The multiple seller is liable to the purchaser for:
118.5(1) the greater of actual damages or statutory damages of $2,500; and
118.6(2) reasonable attorney fees and court costs.
118.7(b) A multiple seller who knowingly fails to timely deliver the notice required
118.8under subdivision 1 is liable to the purchaser for triple the actual or statutory damages
118.9available under paragraph (a), whichever is greater, provided that the purchaser must elect
118.10the remedy provided under either paragraph (a) or this paragraph and may not recover
118.11damages under both paragraphs.
118.12(c) The rights and remedies provided in this subdivision are cumulative to, and not
118.13a limitation of, any other rights and remedies provided under law. An action brought
118.14pursuant to this subdivision must be commenced within four years from the date of the
118.15alleged violation.
118.16    Subd. 6. Effects of violation. A violation of this section has no effect on the
118.17validity of the contract.
118.18    Subd. 7. Duty of multiple seller to account. Upon reasonable request by the
118.19purchaser and no more than once every 12-month period, a multiple seller must provide an
118.20accounting of all payments made pursuant to the contract for deed, the amount of interest
118.21paid, and the amount remaining to satisfy the principal balance under the contract.
118.22    Subd. 8. No waiver. The provisions of this section may not be waived.
118.23EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
118.24transactions in which the contract for deed and the purchase agreement for the contract
118.25for deed, if any, were both executed on or after that date.

118.26    Sec. 11. Minnesota Statutes 2012, section 559.211, subdivision 2, is amended to read:
118.27    Subd. 2. Remedies additional. The remedies provided in this section are in
118.28addition to and do not limit other rights or remedies available to purchasers or vendors of
118.29real estate. Subject to the provisions of sections 559.213 and 559.217, subdivision 7, this
118.30section shall not be construed to bar a court from determining the validity, effectiveness,
118.31or consequences of proceeding under section 559.21 or 559.217, or granting other relief in
118.32connection therewith, by reason of the failure of a purchaser to seek or obtain relief under
118.33this section prior to the purported effective date of the termination of the contract.

119.1    Sec. 12. Laws 2011, First Special Session chapter 2, article 2, section 3, subdivision 4,
119.2is amended to read:
119.3
Subd. 4.Administrative Services
4,247,000
4,247,000
119.4$375,000 each year is for additional
119.5compliance efforts with unclaimed property.
119.6The commissioner may issue contracts
119.7for these services. This additional amount
119.8shall be added to the base budget for fiscal
119.9years 2014 and 2015 only. The enhanced
119.10unclaimed property compliance program
119.11shall sunset June 30, 2015.

119.12    Sec. 13. STATE BROADBAND STRATEGY; REPORT.
119.13The Office of Broadband Development shall conduct research and produce a report
119.14recommending a set of programs and strategies the state can pursue to promote the
119.15improvement, more efficient and effective use, and expansion of broadband services in
119.16ways that will have the greatest impact on the state's economic development, by which is
119.17meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
119.18to expand businesses to new markets, develop new products, reach more customers, and
119.19lower costs. While the state's broadband goals in section 237.012 address the universal
119.20provision of greater broadband access and speed statewide, this report must consider
119.21broadband as an economic development tool and must examine and analyze:
119.22(1) how the state can best use its limited resources to adopt strategies and make
119.23investments to improve the use of broadband services by subgroups of broadband users,
119.24including mobile broadband users, that promise to deliver the greatest economic impact
119.25per dollar of state investment;
119.26(2) roles the state can play in addition to financial assistance for broadband
119.27infrastructure, including supporting education and training for Minnesotans to enable
119.28them to use broadband more effectively; and
119.29(3) strategies and opportunities for state investment to leverage additional amounts
119.30of private capital and financial assistance from the federal government in order to achieve
119.31these goals.
119.32By January 15, 2014, the office shall submit the report to the chairs and ranking minority
119.33members of the senate and house committees with jurisdiction over telecommunications
119.34issues.
120.1EFFECTIVE DATE.This section is effective the day following final enactment.

120.2    Sec. 14. REPEALER.
120.3Minnesota Statutes 2012, section 507.235, subdivision 4, is repealed effective the
120.4day following final enactment.

120.5ARTICLE 8
120.6HOUSING FINANCE

120.7    Section 1. HOUSING FINANCE AGENCY.
120.8    The sums shown in the columns marked "APPROPRIATIONS" are appropriated
120.9to the agencies and for the purposes specified in this act. The appropriations are from
120.10the general fund, or another named fund, and are available for the fiscal years indicated
120.11for each purpose. The figures "2014" and "2015" used in this article mean that the
120.12appropriations listed under them are available for the fiscal year ending June 30, 2014, or
120.13June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
120.14year 2015. "The biennium" is fiscal years 2014 and 2015.
120.15
APPROPRIATIONS
120.16
Available for the Year
120.17
Ending June 30
120.18
2014
2015

120.19
Sec. 2. APPROPRIATIONS.
120.20
Subdivision 1.Total Appropriation
$
50,048,000
$
48,048,000
120.21The amounts that may be spent for each
120.22purpose are specified in the following
120.23subdivisions.
120.24Unless otherwise specified, this appropriation
120.25is for transfer to the housing development
120.26fund for the programs specified in this
120.27section. Except as otherwise indicated, this
120.28transfer is part of the agency's permanent
120.29budget base.
120.30
Subd. 2.Challenge Program
10,227,000
10,227,000
120.31(a) This appropriation is for the economic
120.32development and housing challenge program
121.1under Minnesota Statutes, section 462A.33.
121.2Priority shall be given to funding programs
121.3that are aimed at closing the disparity gap
121.4in affordable homeownership and rental
121.5housing for indigenous American Indians
121.6and communities of color. Of this amount,
121.7$1,208,000 each year shall be made available
121.8during the first 11 months of the fiscal
121.9year exclusively for housing projects for
121.10American Indians. Any funds not committed
121.11to housing projects for American Indians in
121.12the first 11 months of the fiscal year shall
121.13be available for any eligible activity under
121.14Minnesota Statues, section 462A.33.
121.15(b) Priority shall be given to programs that:
121.16(1) focus on creating safe and stable housing
121.17for homeless youth;
121.18(2) provide housing and services to trafficked
121.19women and children;
121.20(3) are land trust programs and programs
121.21that work in coordination with a land trust
121.22program; or
121.23(4) provide housing for communities and
121.24regions that have: (i) low vacancy rates, a
121.25plan that identifies current and future housing
121.26needs, experienced job growth since 2005,
121.27and at least 2,000 jobs within the commuter
121.28shed; or (ii) communities and regions that:
121.29have evidence of anticipated job expansion
121.30or a significant portion of area employees
121.31who commute more than 30 miles between
121.32their residence and employment, and where
121.33area employers are willing to provide a
121.34meaningful contribution that reduces the
122.1need for deferred loan or grant funds from
122.2state sources.
122.3(c) The base funding for this program in the
122.42016-2017 biennium is $10,805,000 each
122.5year.
122.6
Subd. 3.Housing Trust Fund
12,105,000
10,605,000
122.7(a) This appropriation is for deposit in the
122.8housing trust fund account created under
122.9Minnesota Statutes, section 462A.201, and
122.10may be used for the purposes provided in that
122.11section. Priority shall be given to funding
122.12programs that are aimed at closing the
122.13disparity gap in rental housing for indigenous
122.14American Indians and communities of
122.15color and culturally specific groups who
122.16are providing services to members of their
122.17communities.
122.18(b) $1,500,000 in the first year is for
122.19temporary rental assistance for families
122.20with school-age children who have changed
122.21school or home at least once in the last
122.22school year. The agency, in consultation
122.23with the Department of Education, may
122.24establish additional targeting criteria. The
122.25base funding for this initiative is $1,500,000
122.26in fiscal year 2016.
122.27(c) The base funding for the housing trust
122.28fund program is $12,291,000 in fiscal year
122.292016 and $10,791,000 in fiscal year 2017.
122.30
Subd. 4.Rental Assistance for the Mentally Ill
2,638,000
2,638,000
122.31This appropriation is for the rental housing
122.32assistance program under Minnesota
122.33Statutes, section 462A.2097.
122.34
Subd. 5.Family Homeless Prevention
8,043,000
8,043,000
123.1This appropriation is for the family homeless
123.2prevention and assistance programs under
123.3Minnesota Statutes, section 462A.204.
123.4The base funding for this program in fiscal
123.5years 2016 and 2017 is $8,145,000 each year.
123.6
Subd. 6.Home Ownership Assistance Fund
845,000
845,000
123.7This appropriation is for the home ownership
123.8assistance program under Minnesota
123.9Statutes, section 462A.21, subdivision 8.
123.10Priority shall be given to funding programs
123.11that are aimed at closing the disparity gap in
123.12affordable homeownership for indigenous
123.13American Indians and communities of color.
123.14The base funding for this program in fiscal
123.15years 2016 and 2017 is $854,000 each year.
123.16
Subd. 7.Affordable Rental Investment Fund
4,200,000
4,200,000
123.17(a) This appropriation is for the affordable
123.18rental investment fund program under
123.19Minnesota Statutes, section 462A.21,
123.20subdivision 8b, to finance the acquisition,
123.21rehabilitation, and debt restructuring of
123.22federally assisted rental property and
123.23for making equity take-out loans under
123.24Minnesota Statutes, section 462A.05,
123.25subdivision 39.
123.26(b) The owner of federally assisted rental
123.27property must agree to participate in
123.28the applicable federally assisted housing
123.29program and to extend any existing
123.30low-income affordability restrictions on the
123.31housing for the maximum term permitted.
123.32The owner must also enter into an agreement
123.33that gives local units of government,
123.34housing and redevelopment authorities,
124.1and nonprofit housing organizations the
124.2right of first refusal if the rental property
124.3is offered for sale. Priority must be given
124.4among comparable federally assisted rental
124.5properties to properties with the longest
124.6remaining term under an agreement for
124.7federal assistance. Priority must also be
124.8given among comparable rental housing
124.9developments to developments that are or
124.10will be owned by local government units, a
124.11housing and redevelopment authority, or a
124.12nonprofit housing organization.
124.13(c) The appropriation also may be used to
124.14finance the acquisition, rehabilitation, and
124.15debt restructuring of existing supportive
124.16housing properties. For purposes of this
124.17subdivision, "supportive housing" means
124.18affordable rental housing with links to
124.19services necessary for individuals, youth, and
124.20families with children to maintain housing
124.21stability.
124.22
Subd. 8.Housing Rehabilitation
6,094,000
6,094,000
124.23This appropriation is for the housing
124.24rehabilitation program under Minnesota
124.25Statutes, section 462A.05, subdivision 14.
124.26Of this amount, $3,344,000 each year is for
124.27the rehabilitation of rental properties, and
124.28$2,750,000 each year is for the rehabilitation
124.29of owner-occupied homes.
124.30The base funding for this program in fiscal
124.31years 2016 and 2017 is $6,188,000 each
124.32year. Of this amount, $3,438,000 each year
124.33is for the rehabilitation of rental housing and
124.34$2,750,000 each year is for the rehabilitation
124.35of owner-occupied housing.
125.1
125.2
Subd. 9.Homeownership Education,
Counseling, and Training
809,000
809,000
125.3This appropriation is for the homeownership
125.4education, counseling, and training program
125.5under Minnesota Statutes, section 462A.209.
125.6Priority may be given to funding programs
125.7that are aimed at culturally specific groups
125.8who are providing services to members of
125.9their communities.
125.10The base funding for this program in fiscal
125.11years 2016 and 2017 is $819,000 each year.
125.12
Subd. 10.Capacity Building Grants
242,000
242,000
125.13This appropriation is for nonprofit capacity
125.14building grants under Minnesota Statutes,
125.15section 462A.21, subdivision 3b.
125.16The base funding for this program in fiscal
125.17years 2016 and 2017 is $263,000 each year.
125.18
Subd. 11.Grants
445,000
445,000
125.19(a) This appropriation is for the grants in
125.20paragraphs (b) to (d) and is available until
125.21expended. This appropriation is added to the
125.22agency's base.
125.23(b) $70,000 each year is for a grant to Open
125.24Access Connection to provide free voice mail
125.25services for homeless and low-income people
125.26so that they have a reliable and consistent
125.27communication tool to aid in their search
125.28for affordable housing and their search for
125.29and maintenance of jobs so that they have
125.30income to maintain affordable housing. This
125.31service is provided in the metropolitan area
125.32and through a toll-free number in greater
125.33Minnesota.
126.1(c) $200,000 each year is for a grant to
126.2HOME Line for the tenant's rights advocacy
126.3and services program.
126.4(d) $175,000 each year is for a grant to an East
126.5African women's organization to promote the
126.6health and safety of East African women and
126.7children in Minnesota and provide services to
126.8East African women, who are first-generation
126.9immigrants from East African countries, and
126.10their children. The program must provide
126.11safe housing for victims of domestic abuse
126.12and trafficking as well as assistance accessing
126.13the health care system. The program must
126.14provide educational resources to prevent
126.15the exploitation of East African women
126.16and children in Minnesota. The program
126.17shall provide shelter services and health
126.18and human rights education to promote
126.19empowerment and provide culturally
126.20appropriate services to East African women
126.21and children in Minnesota and other victims
126.22of domestic violence.
126.23
Subd. 12.Transfers
4,400,000
3,900,000
126.24(a) The appropriations in this subdivision are
126.25not for transfer to the housing development
126.26fund. These appropriations are for transfer
126.27to the commissioner of human services for
126.28the purposes specified. The appropriations
126.29are added to the Minnesota Housing Finance
126.30Agency's fiscal year 2016 and fiscal year
126.312017 base budget.
126.32(b) $900,000 each year is for the long-term
126.33homeless supportive services fund under
126.34Minnesota Statutes, section 256K.26.
127.1(c) $250,000 each year is for the transitional
127.2housing programs under Minnesota Statutes,
127.3section 256E.33.
127.4(d) $250,000 each year is for emergency
127.5services grants under Minnesota Statutes,
127.6section 256E.36.
127.7(e) $1,500,000 each year is to provide
127.8housing and services to homeless youth
127.9under Minnesota Statutes, section 256K.45.
127.10(f) $1,000,000 each year is to develop and
127.11provide housing and shelters to prevent the
127.12sexual exploitation of women and children
127.13and assist trafficked women and children.
127.14(g) $500,000 in the first year is a onetime
127.15appropriation for a grant for housing
127.16subsidies to the nonprofit organizations
127.17selected to administer the demonstration
127.18project for high-risk adults under Laws 2007,
127.19chapter 54, article 1, section 19, to help
127.20complete the project.
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