Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1227


 

 

STATE OF MINNESOTA

 

 

EIGHTY-FIFTH SESSION - 2007

 

_____________________

 

THIRTIETH DAY

 

Saint Paul, Minnesota, Thursday, March 15, 2007

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by Representative Mary Murphy, District 6B, Hermantown, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Kranz

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Sviggum

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      The Chief Clerk proceeded to read the Journal of the preceding day. Winkler moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1228


PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 14, 2007

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 160, relating to finance; authorizing transfer of appropriations within the Help America Vote Act account.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Pawlenty

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2007 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2007

 

Date Filed

2007

 

                                   160                       5                                        11:50 a.m. March 14                                 March 14

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1229


REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Mariani from the Committee on E-12 Education to which was referred:

 

H. F. No. 420, A bill for an act relating to education; providing for statewide health and physical education requirements; directing the Education Department to post approved local school wellness policies on the department Web site; establishing a grant program to implement local school wellness policies; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2006, sections 120B.021, subdivision 1; 120B.023, subdivision 2; 120B.024; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 532, A bill for an act relating to consumer protection; regulating certain contracts entered into by military service personnel; authorizing cancellations; requiring utilities to establish payment arrangements for military service personnel; proposing coding for new law in Minnesota Statutes, chapters 325E; 325G.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Sec. 4. [190.056] OTHER RIGHTS AND PROTECTIONS.

 

The rights and protections afforded to service members under the Servicemembers Civil Relief Act, United States Code, title 50, Appendix, sections 501 to 596, also apply in Minnesota to any business wholly owned by the service member or the service member's spouse."

 

Page 3, line 31, delete everything after "contract" and insert a period

 

Page 3, line 32, delete "orders, and"

 

Page 3, line 33, after the period, insert "The termination of the contract is effective the day following receipt of proper notice as described in this subdivision."

 

Page 4, delete section 4

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

 

      The report was adopted.


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1230


Atkins from the Committee on Commerce and Labor to which was referred:

 

H. F. No. 571, A bill for an act relating to state government; defining best value; changing provisions for acquisition and competitive bidding; amending Minnesota Statutes 2006, sections 16C.02, by adding subdivisions; 16C.03, subdivisions 3, 4, 16, by adding a subdivision; 16C.26, subdivisions 1, 3, 4, 5; 16C.27, subdivision 1; 16C.28, subdivisions 1, 3, 4; 103D.811, subdivision 3; 103E.505, subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 365.37, by adding a subdivision; 374.13; 375.21, by adding a subdivision; 383C.094, by adding a subdivision; 412.311; 429.041, by adding a subdivision; 458D.21, by adding a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 473.523, by adding a subdivision; 473.756, subdivision 12.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

 

      The report was adopted.

 

 

Eken from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 593, A bill for an act relating to natural resources; modifying restrictions on access to public waters wetlands; amending Minnesota Statutes 2006, section 103G.235.

 

Reported the same back with the following amendments:

 

Page 1, line 6, strike "PUBLIC WATERS"

 

Page 1, line 10, after "restored" insert "or created" and delete "restores a public waters" and insert "creates or restores a"

 

Page 1, line 12, delete "public waters" and insert "created or restored" and before the comma, insert "as posted by the landowner"

 

Amend the title as follows:

 

Page 1, line 2, delete "public waters" and insert "created or restored"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Mariani from the Committee on E-12 Education to which was referred:

 

H. F. No. 615, A bill for an act relating to education; providing for comprehensive family life and sexuality education programs; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2006, section 121A.23.

 

Reported the same back with the following amendments:


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1231


Delete everything after the enacting clause and insert:

 

"Section 1. [121A.231] RESPONSIBLE FAMILY LIFE AND SEXUALITY EDUCATION PROGRAMS.

 

Subdivision 1. Notice and parental options. It is the legislature's intent to encourage pupils to communicate with their parents or guardians about human sexuality and to respect rights of parents and guardians to supervise their children's education on these subjects.

 

Subd. 2. Definitions. (a) "Responsible family life and sexuality education" means education in grades 7 through 12 that:

 

(1) respects community values and encourages family communication;

 

(2) develops skills in communication, decision making, and conflict resolution;

 

(3) contributes to healthy relationships;

 

(4) provides human development and sexuality education that is age appropriate and medically accurate;

 

(5) includes an abstinence-first approach to delaying initiation of sexual activity that emphasizes abstinence while also including education about the use of protection and contraception; and

 

(6) promotes individual responsibility.

 

(b) "Age appropriate" refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.

 

(c) "Medically accurate" means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, or the American College of Obstetricians and Gynecologists.

 

Subd. 3. Curriculum requirements. (a) A school district may offer and may independently establish policies, procedures, curriculum, and services for providing responsible family life and sexuality education that is age appropriate and medically accurate for kindergarten through grade 6.

 

(b) A school district must offer and may independently establish policies, procedures, curriculum, and services for providing responsible family life and sexuality education that is age appropriate and medically accurate for grades 7 through 12.

 

(c) A school district must consult with parents or guardians of enrolled students when establishing policies, procedures, curriculum, and services under this subdivision.

 

Subd. 4. Notice and parental options. (a) It is the legislature's intent to encourage pupils to communicate with their parents or guardians about human sexuality and to respect rights of parents or guardians to supervise their children's education on these subjects.

 

(b) Parents or guardians may excuse their children from all or part of a responsible family life and sexuality education program, consistent with subdivision 6.


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(c) A school district must establish policies and procedures, consistent with subdivision 6, for providing parents or guardians reasonable notice with the following information:

 

(1) if the district is offering a responsible family life and sexuality education program to the parents' or guardians' child during the course of the year;

 

(2) how the parents or guardians may inspect the written and audio/visual educational materials used in the program and the process for inspection;

 

(3) if the program is presented by school district personnel or outside consultants, and if outside consultants are used, who they may be; and

 

(4) parents' or guardians' right to choose not to have their child participate in the program and the procedure for exercising that right.

 

(d) A school district must establish policies and procedures for reasonably restricting the availability of written and audio/visual educational materials from public view of students who have been excused from all or part of a responsible family life and sexuality education program at the request of a parent or guardian, consistent with subdivision 6.

 

Subd. 5. Assistance to school districts. (a) The Department of Education may offer services to school districts to help them implement effective responsible family life and sexuality education programs. In providing these services, the department may contract with a school district, or a school district in partnership with a local health agency or a nonprofit organization, to establish up to eight regional training sites, taking into account geographical balance, to provide:

 

(1) training for teachers, parents, and community members in the development of responsible family life and sexuality education curriculum or services and in planning for monitoring and evaluation activities;

 

(2) resource staff persons to provide expert training, curriculum development and implementation, and evaluation services;

 

(3) technical assistance to promote and coordinate community, parent, and youth forums in communities identified as having high needs for responsible family life and sexuality education;

 

(4) technical assistance for issue management and policy development training for school boards, superintendents, principals, and administrators across the state; and

 

(5) funding for grants to school-based responsible family life and sexuality education programs to promote innovation and to recognize outstanding performance and promote replication of demonstrably effective strategies.

 

(b) Technical assistance in accordance with National Health Education Standards provided by the department to school districts or regional training sites may:

 

(1) promote instruction and use of materials that are age appropriate;

 

(2) provide information that is medically accurate and objective;

 

(3) provide instruction and promote use of materials that are respectful of marriage and commitments in relationships;


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(4) provide instruction and promote use of materials that are appropriate for use with pupils and family experiences based on race, gender, sexual orientation, ethnic and cultural background, and appropriately accommodate alternative learning based on language or disability;

 

(5) provide instruction and promote use of materials that encourage pupils to communicate with their parents or guardians about human sexuality;

 

(6) provide instruction and promote use of age-appropriate materials that teach abstinence from sexual intercourse as the only certain way to prevent unintended pregnancy or sexually transmitted infections, including HIV, and provide information about the role and value of abstinence while also providing medically accurate information on other methods of preventing and reducing risk for unintended pregnancy and sexually transmitted infections;

 

(7) provide instruction and promote use of age-appropriate materials that are medically accurate in explaining transmission modes, risks, symptoms, and treatments for sexually transmitted infections, including HIV;

 

(8) provide instruction and promote use of age-appropriate materials that address varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted infections, including HIV, in an age-appropriate manner;

 

(9) provide instruction and promote use of age-appropriate materials that provide information about the effectiveness and safety of all FDA-approved methods for preventing and reducing risk for unintended pregnancy and sexually transmitted infections, including HIV;

 

(10) provide instruction and promote use of age-appropriate materials that provide instruction in skills for making and implementing responsible decisions about sexuality;

 

(11) provide instruction and promote use of age-appropriate materials that provide instruction in skills for making and implementing responsible decisions about finding and using health services; and

 

(12) provide instruction and promote use of age-appropriate materials that do not teach or promote religious doctrine nor reflect or promote bias against any person on the basis of any category protected under the Minnesota Human Rights Act, chapter 363A.

 

Subd. 6. Parent option. A school district may offer a responsible family life and sexuality education program under this section to a pupil only with the prior written consent of the pupil's parent or guardian. A school district must make reasonable arrangements with school personnel for alternative instruction for those pupils whose parents or guardians refuse to give their consent, and must not impose an academic or other penalty upon a pupil merely for arranging the alternative instruction. School personnel may evaluate and assess the quality of the pupil's work completed as part of the alternative instruction.

 

Sec. 2. APPROPRIATION.

 

Subdivision 1. Department of Education. The sums indicated in this section are appropriated from the general fund to the commissioner of education for the fiscal years designated.

 

Subd. 2. Responsible family life and sexuality education programs. For responsible family life and sexuality education programs under section 1:

 

                                                           $430,000                                . . . . .                       2008

 

                                                           $430,000                                . . . . .                       2009


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Of these amounts, $400,000 each year is to establish and operate up to eight regional training sites under section 1, subdivision 5, paragraph (a), and $30,000 each year is to school districts for the purposes of section 1, subdivision 5, paragraph (a), clause (5).

 

Sec. 3. REPEALER.

 

Minnesota Statutes 2006, section 121A.23, is repealed."

 

Delete the title and insert:

 

"A bill for an act relating to education; providing for responsible family life and sexuality education programs; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2006, section 121A.23."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Rukavina from the Higher Education and Work Force Development Policy and Finance Division to which was referred:

 

H. F. No. 648, A bill for an act relating to unemployment insurance; making various policy, housekeeping, and style changes to the Minnesota Unemployment Insurance Law; incorporating certain administrative rules into Minnesota Statutes; modifying fraud penalties; amending Minnesota Statutes 2006, sections 268.001; 268.03, subdivisions 1, 2; 268.035, subdivisions 1, 4, 9, 10, 11, 12, 13, 14, 15, 17, 20, 21a, 23, 23a, 24, 26, 29, 30, by adding a subdivision; 268.042, subdivisions 1, 3, 4; 268.043; 268.0435; 268.044, subdivisions 1, 1a, 2, 3, 4; 268.045, subdivision 1; 268.046; 268.047, subdivisions 1, 2, 3, 5; 268.051, subdivisions 1, 1a, 2, 3, 4, 4a, 5, 6, 7, 8, 9; 268.052, subdivisions 1, 2, 3, 4, 5; 268.0525; 268.053, subdivisions 1, 2, 3; 268.057, subdivisions 1, 2, 3, 4, 5, 6, 7, 10; 268.058; 268.059; 268.0625, subdivisions 4, 5; 268.063; 268.064; 268.065, subdivisions 1, 3; 268.066; 268.067; 268.0675; 268.068; 268.069, subdivisions 1, 2, 3; 268.07, subdivisions 1, 2, 3a, 3b; 268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9, 11, 12, 13, 13a, 13b, 13c, 16; 268.086, subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 268.087; 268.095, subdivisions 1, 2, 3, 4, 5, 6, 6a, 7, 10, 11; 268.101; 268.103, subdivisions 1, 2; 268.105, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7; 268.115; 268.125, subdivisions 3, 4, 5; 268.131, subdivision 1; 268.135; 268.145, subdivisions 1, 2, 3; 268.155; 268.18, subdivisions 1, 2, 2b, 4, 5, 6; 268.182, subdivisions 1, 2; 268.184, subdivisions 1, 1a; 268.186; 268.188; 268.19, subdivisions 1, 1a, 2; 268.192; 268.194, subdivisions 1, 2, 3, 4, 5, 6; 268.196, subdivisions 1, 3; 268.20; 268.21; 268.22; 268.23; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 2006, sections 268.0435; 268.0511; 268.085, subdivision 10; 268.103, subdivision 4; Minnesota Rules, parts 3315.0210; 3315.0220; 3315.0515; 3315.0520; 3315.0525; 3315.0530, subparts 2, 3, 4, 5, 6; 3315.0540; 3315.0550; 3315.0910, subparts 1, 2, 3, 4, 5, 6, 7, 8; 3315.1005, subparts 1, 3; 3315.1315, subpart 4; 3315.2010; 3315.2810, subparts 2, 4.

 

Reported the same back with the following amendments:

 

Page 98, line 14, before the period, insert "or that all members are restricted to obtaining employment among signatory contractors in the construction industry"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1235


Atkins from the Committee on Commerce and Labor to which was referred:

 

H. F. No. 754, A bill for an act relating to occupations and professions; requiring licenses for plumbing work statewide; amending Minnesota Statutes 2006, section 326.40, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2006, section 326.45.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:

 

Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, during some part of the period of the sales representative agreement:

 

(1) is a resident of Minnesota or maintains that person's principal place of business in Minnesota; or

 

(2) whose geographical territory specified in the sales representative agreement includes part or all of Minnesota.

 

(b) To be effective, any demand for arbitration under subdivision 5 must be made in writing and delivered to the principal on or before one year after the effective date of the termination of the agreement.

 

(c) A provision in any contract between a sales representative dealing in plumbing equipment or supplies and a principal purporting to waive any provision of this act, whether by express waiver or by a provision stipulating that the contract is subject to the laws of another state, shall be void.

 

Sec. 2. Minnesota Statutes 2006, section 326.38, is amended to read:

 

326.38 LOCAL REGULATIONS.

 

Any city having a system of waterworks or sewerage, or any town in which reside over 5,000 people exclusive of any statutory cities located therein, or the metropolitan airports commission, may, by ordinance, adopt local regulations providing for plumbing permits, bonds, approval of plans, and inspections of plumbing, which regulations are not in conflict with the plumbing standards on the same subject prescribed by the state commissioner of health labor and industry. No city or such town shall prohibit plumbers licensed by the state commissioner of health labor and industry from engaging in or working at the business, except cities and statutory cities which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No city or town may require a license for persons performing building sewer or water service installation who have completed pipe laying training as prescribed by the commissioner of labor and industry. Any city by ordinance may prescribe regulations, reasonable standards, and inspections and grant permits to any person, firm, or corporation engaged in the business of installing water softeners, who is not licensed as a master plumber or journeyman plumber by the state commissioner of health labor and industry, to connect water softening and water filtering equipment to private residence water distribution systems, where provision has been previously made therefor and openings left for that purpose or by use of cold water connections to a domestic water heater; where it is not necessary to rearrange, make any extension or alteration of, or addition to any pipe, fixture or plumbing connected with the water system except to connect the water softener, and provided the connections so made comply with minimum standards prescribed by the state commissioner of health labor and industry.


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Sec. 3. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:

 

Subdivision 1. License required; master and journeyman plumbers. In any city now or hereafter having 5,000 or more population, according to the last federal census, and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall engage in or work at the business of a master plumber or, restricted master plumber, journeyman plumber, and restricted journeyman plumber unless licensed to do so by the state commissioner of health labor and industry. A license is not required for persons performing building sewer or water service installation who have completed pipe laying training as prescribed by the commissioner of labor and industry. A master plumber may also work as a journeyman plumber, a restricted journeyman plumber, and a restricted master plumber. A journeyman plumber may also work as a restricted journeyman plumber. Anyone not so licensed may do plumbing work which complies with the provisions of the minimum standard prescribed by the state commissioner of health labor and industry on premises or that part of premises owned and actually occupied by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.

 

In any such city (b) No person, firm, or corporation shall engage in the business of installing plumbing nor install plumbing in connection with the dealing in and selling of plumbing material and supplies unless at all times a licensed master plumber, or in cities and towns with a population of fewer than 5,000 according to the federal census a restricted master plumber, who shall be responsible for proper installation, is in charge of the plumbing work of the person, firm, or corporation.

 

The Department of Health Labor and Industry shall prescribe rules, not inconsistent herewith, for the examination and licensing of plumbers.

 

Sec. 4. [326.402] RESTRICTED PLUMBER LICENSE.

 

Subdivision 1. Licensure. The commissioner of labor and industry shall grant a restricted journeyman or master plumber license to an individual if:

 

(1) the individual completes an application with information required by the commissioner of labor and industry;

 

(2) the completed application is accompanied by a fee of $90;

 

(3) the commissioner of labor and industry receives the completed application and fee before January 1, 2008;

 

(4) the completed application demonstrates that the applicant has had at least two years for a restricted journeyman plumber license or four years for a restricted master plumber license of practical plumbing experience in the plumbing trade prior to the application; and

 

(5) during the entire time for which the applicant is claiming experience in contracting for plumbing work under clause (4), the applicant was in compliance with all applicable requirements of section 326.40.

 

Subd. 2. Use of license. A restricted master plumber and restricted journeyman plumber may engage in the plumbing trade in all areas of the state except in cities and towns with a population of more than 5,000 according to the federal census.

 

Subd. 3. Application period. Applications for restricted master plumber and restricted journeyman plumber licenses must be submitted to the commissioner prior to January 1, 2008.


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Subd. 4. Renewal; use period for license. A restricted master plumber and restricted journeyman plumber license must be renewed annually for as long as that licensee engages in the plumbing trade. Failure to renew a restricted master plumber and restricted journeyman plumber license within 12 months after the expiration date will result in permanent forfeiture of the restricted master plumber and restricted journeyman plumber license.

 

Subd. 5. Prohibition of transference. A restricted master plumber and restricted journeyman plumber license may not be transferred or sold to any other person.

 

Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the bond and insurance requirements of section 326.40, subdivision 2, unless the exemption provided by section 326.40, subdivision 3, applies.

 

Subd. 7. Fee. The annual fee for the restricted master plumber and restricted journeyman plumber licenses is the same fee as for a master or journeyman plumber license, respectively.

 

Sec. 5. REPEALER.

 

Minnesota Statutes 2006, section 326.45, is repealed."

 

Delete the title and insert:

 

"A bill for an act relating to occupations; changing provisions for certain plumber's licenses; adding a restricted plumber's license; amending Minnesota Statutes 2006, sections 325E.37, subdivision 6; 326.38; 326.40, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2006, section 326.45."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 766, A bill for an act relating to motor fuels; modifying definition of ethanol blender; establishing specifications for two classes of gasoline-ethanol blends; allowing ethanol blends approved by the United States Environmental Protection Agency; directing state departments to further expand gasoline-ethanol blend options for Minnesota consumers and facilitate the installment of renewable fuel-blending pumps; updating superseded ASTM specifications; synchronizing redundant ethanol-gasoline blend definitions and specifications in statute; amending Minnesota Statutes 2006, sections 239.051, subdivision 15; 239.761, subdivision 4, by adding subdivisions; 239.7911, subdivision 2; 296A.01, subdivisions 2, 25.

 

Reported the same back with the following amendments:

 

Page 1, after line 16, insert:

 

"Sec. 2. Minnesota Statutes 2006, section 239.761, subdivision 3, is amended to read:


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Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol must not be contaminated with water or other impurities and must comply with ASTM specification D4814-04a D4814-06a. Gasoline that is not blended with ethanol must also comply with the volatility requirements in Code of Federal Regulations, title 40, part 80.

 

(b) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal, a person responsible for the product:

 

(1) may blend the gasoline with agriculturally derived ethanol as provided in subdivision 4;

 

(2) shall not blend the gasoline with any oxygenate other than denatured, agriculturally derived ethanol;

 

(3) shall not blend the gasoline with other petroleum products that are not gasoline or denatured, agriculturally derived ethanol;

 

(4) shall not blend the gasoline with products commonly and commercially known as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline; and

 

(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive designed to replace tetra-ethyl lead, that is registered by the EPA."

 

Page 1, lines 24 and 26, delete "D4814-06" and insert "D4814-06a"

 

Page 2, after line 3, insert:

 

"Sec. 4. Minnesota Statutes 2006, section 239.761, subdivision 6, is amended to read:

 

Subd. 6. Gasoline blended with nonethanol oxygenate. (a) A person responsible for the product shall comply with the following requirements:

 

(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for sale at any time in this state; and

 

(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in paragraph (b) must not be sold or offered for sale in this state.

 

(b) The oxygenates prohibited under paragraph (a) are:

 

(1) methyl tertiary butyl ether, as defined in section 296A.01, subdivision 34;

 

(2) ethyl tertiary butyl ether, as defined in section 296A.01, subdivision 18; or

 

(3) tertiary amyl methyl ether.

 

(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM specification D4814-04a D4814-06a. Nonethanol oxygenates must not be blended into gasoline after the gasoline has been sold, transferred, or otherwise removed from a refinery or terminal."

 

Page 2, line 7, delete "may" and insert "must"


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Page 2, line 21, before "If" insert "If a person responsible for the product uses an ethanol-blending fuel dispenser to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and gasoline blended with ethanol for use in standard combustion engines, the person must ensure that the gasoline blended with ethanol for use in standard combustion engines is dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely to gasoline blended with ethanol for use in standard combustion engines."

 

Page 3, line 5, before "blends" insert "and diesel-biodiesel"

 

Page 3, after line 20, insert:

 

"Sec. 9. Minnesota Statutes 2006, section 296A.01, subdivision 23, is amended to read:

 

Subd. 23. Gasoline. (a) "Gasoline" means:

 

(1) all products commonly or commercially known or sold as gasoline regardless of their classification or uses, except casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline that under the requirements of section 239.761, subdivision 3, must not be blended with gasoline that has been sold, transferred, or otherwise removed from a refinery or terminal; and

 

(2) any liquid prepared, advertised, offered for sale or sold for use as, or commonly and commercially used as, a fuel in spark-ignition, internal combustion engines, and that when tested by the Weights and Measures Division meets the specifications in ASTM specification D4814-04a D4814-06a.

 

(b) Gasoline that is not blended with ethanol must not be contaminated with water or other impurities and must comply with both ASTM specification D4814-04a D4814-06a and the volatility requirements in Code of Federal Regulations, title 40, part 80.

 

(c) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal, a person responsible for the product:

 

(1) may blend the gasoline with agriculturally derived ethanol, as provided in subdivision 24;

 

(2) must not blend the gasoline with any oxygenate other than denatured, agriculturally derived ethanol;

 

(3) must not blend the gasoline with other petroleum products that are not gasoline or denatured, agriculturally derived ethanol;

 

(4) must not blend the gasoline with products commonly and commercially known as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline; and

 

(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive designed to replace tetra-ethyl lead, that is registered by the EPA.

 

Sec. 10. Minnesota Statutes 2006, section 296A.01, subdivision 24, is amended to read:

 

Subd. 24. Gasoline blended with nonethanol oxygenate. "Gasoline blended with nonethanol oxygenate" means gasoline blended with ETBE, MTBE, or other alcohol or ether, except denatured ethanol, that is approved as an oxygenate by the EPA, and that complies with ASTM specification D4814-04a D4814-06a. Oxygenates, other than denatured ethanol, must not be blended into gasoline after the gasoline has been sold, transferred, or otherwise removed from a refinery or terminal."


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Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "fuels;"

 

Page 1, delete lines 3 to 7

 

Page 1, line 8, delete everything before "amending" and insert "modifying motor fuel specifications, standards, and requirements;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Labor.

 

      The report was adopted.

 

 

Mullery from the Committee on Public Safety and Civil Justice to which was referred:

 

H. F. No. 767, A bill for an act relating to public safety; appropriating money for an offender reentry pilot project; requiring a report.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Mullery from the Committee on Public Safety and Civil Justice to which was referred:

 

H. F. No. 904, A bill for an act relating to state lands; modifying land acquisition requirements; modifying land owners' bill of rights; modifying recordation requirements for mineral interests; adding to and deleting from state parks; exempting certain exchanged land from the tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited lands; authorizing public and private sales and conveyances of certain state lands; amending Minnesota Statutes 2006, sections 84.0272, subdivision 3; 84.0274, subdivision 5; 93.55, subdivision 1; Laws 2006, chapter 236, article 1, section 21.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.


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Thissen from the Committee on Health and Human Services to which was referred:

 

H. F. No. 916, A bill for an act relating to child care; requiring inspections of child care centers and homes; requiring reports; amending Minnesota Statutes 2006, sections 245A.04, subdivision 4; 245A.16, subdivision 1.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Eken from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 1016, A bill for an act relating to natural resources; providing for forest pest control measures; amending Minnesota Statutes 2006, section 89.55.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 89.55, is amended to read:

 

89.55 INFESTATION CONTROL, COSTS.

 

Upon the establishment of the zone of infestation, the commissioner may apply measures of infestation control on public and private forest and other lands within such an infected zone and to any trees, timber, plants or, shrubs thereon, or contaminated soil harboring or which may harbor the forest pests. For this purpose, the duly authorized representatives of the commissioner are authorized to enter upon any lands, public or private within such zone. The commissioner may enter into agreements with owners of the lands in the zone covering the control work on their lands, and fixing the pro rata basis on which the cost of such the work will be shared between the commissioner and said owner.

 

Sec. 2. [89.551] APPROVED FIREWOOD REQUIRED.

 

(a) After the commissioner issues an order under paragraph (b), a person may not possess firewood on land administered by the commissioner of natural resources unless the firewood:

 

(1) was obtained from a firewood distribution facility located on land administered by the commissioner;

 

(2) was obtained from a firewood dealer who is selling firewood that is approved by the commissioner under paragraph (b); or

 

(3) has been approved by the commissioner of natural resources under paragraph (b).

 

(b) The commissioner of natural resources shall, by written order published in the State Register, approve firewood for possession on lands administered by the commissioner. The order is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.


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(c) A violation under this section is subject to confiscation of firewood and after May 1, 2008, confiscation and a $100 penalty. A firewood dealer shall be subject to confiscation and assessed a $100 penalty for each sale of firewood not approved under the provisions of this section and sold for use on land administered by the commissioner.

 

(d) For the purposes of this section, "firewood" means any wood that is intended for use in a campfire, as defined in section 88.01, subdivision 25.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 3. Minnesota Statutes 2006, section 239.092, is amended to read:

 

239.092 SALE FROM BULK.

 

(a) Bulk sales of commodities, when the buyer and seller are not both present to witness the measurement, must be accompanied by a delivery ticket containing the following information:

 

(1) the name and address of the person who weighed or measured the commodity;

 

(2) the date delivered;

 

(3) the quantity delivered;

 

(4) the count of individually wrapped packages delivered, if more than one is included in the quantity delivered;

 

(5) the quantity on which the price is based, if different than the quantity delivered; and

 

(6) the identity of the commodity in the most descriptive terms commercially practicable, including representations of quality made in connection with the sale.

 

(b) This section is not intended to conflict with the bulk sale requirements of the Department of Agriculture. If a conflict occurs, the law and rules of the Department of Agriculture govern.

 

(c) Firewood sold or distributed across state boundaries or more than 100 miles from its origin must include delivery ticket information regarding the harvest locations of the wood by county and state.

 

Sec. 4. Minnesota Statutes 2006, section 239.093, is amended to read:

 

239.093 INFORMATION REQUIRED WITH PACKAGE.

 

(a) A package offered, exposed, or held for sale must bear a clear and conspicuous declaration of:

 

(1) the identity of the commodity in the package, unless the commodity can be easily identified through the wrapper or container;

 

(2) the net quantity in terms of weight, measure, or count;

 

(3) the name and address of the manufacturer, packer, or distributor, if the packages were not produced on the premises where they are offered, exposed, or held for sale; and

 

(4) the unit price, if the packages are part of a lot containing random weight packages of the same commodity.


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(b) This section is not intended to conflict with the packaging requirements of the Department of Agriculture. If a conflict occurs, the laws and rules of the Department of Agriculture govern.

 

(c) Firewood sold or distributed across state boundaries or more than 100 miles from its origin must include information regarding the harvest locations of the wood by county and state on each label or wrapper."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; providing for pest control measures; requiring approved firewood on land administered by the commissioner of natural resources; regulating sale and distribution of firewood; amending Minnesota Statutes 2006, sections 89.55; 239.092; 239.093; proposing coding for new law in Minnesota Statutes, chapter 89."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

 

      The report was adopted.

 

 

Mullery from the Committee on Public Safety and Civil Justice to which was referred:

 

H. F. No. 1043, A bill for an act relating to public safety; requiring predatory offenders to register electronic mail addresses and related information to law enforcement; amending Minnesota Statutes 2006, section 243.166, subdivision 4a.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Pelowski from the Committee on Governmental Operations, Reform, Technology and Elections to which was referred:

 

H. F. No. 1051, A bill for an act relating to state government; changing the state Indian Affairs Council; amending Minnesota Statutes 2006, section 3.922.

 

Reported the same back with the following amendments:

 

Page 2, delete line 2 and insert:

 

"(1) one member of each of the following tribal sovereign nations, designated by the elected tribal president or chairperson of the governing"

 

Page 2, line 3, after "of" insert a colon

 

Page 2, line 14, before "the directors" insert "(2)"


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Page 2, line 17, before "a" insert "(3)"

 

Page 2, delete lines 31 to 32 and insert:

 

"(4) three members of the house of representatives, including one member of the largest minority caucus, appointed by the speaker; and

 

(5) three members of the senate, including one member of the largest minority caucus, appointed by its Subcommittee on Committees."

 

Page 3, line 4, delete the new language and insert "Only members of" and after "council" insert "designated under clause (1)"

 

Page 3, line 20, strike "nonlegislator" and after "members" insert "appointed under subdivision 1, clause (1),"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Mullery from the Committee on Public Safety and Civil Justice to which was referred:

 

H. F. No. 1063, A bill for an act relating to environment; adopting the Uniform Environmental Covenants Act; amending Minnesota Statutes 2006, sections 115.072; 115B.17, subdivision 15; proposing coding for new law as Minnesota Statutes, chapter 114E.

 

Reported the same back with the following amendments:

 

Page 3, line 7, after the period, insert "When the environmental agency is a federal agency, the covenant must also be approved and signed by the state environmental agency that has authority under state law to address the release or threatened release involved in the environmental response project."

 

Page 3, line 34, delete the second "of" and insert "title to"

 

Page 8, line 11, delete the second "of" and insert "title to"

 

Page 9, after line 13, insert:

 

"(b) The state environmental agency that signed the covenant may use any remedy or enforcement measure provided in section 115.071, subdivisions 3 to 5, or 116.072 to remedy violations of a covenant. This paragraph does not limit the state environmental agency from taking action to enforce the terms of a covenant against a person required to comply with the covenant in connection with that person's obligation to perform response actions or as a condition of receiving a liability assurance with respect to a release or threatened release of contaminants."

 

Page 9, line 14, delete "(b)" and insert "(c)"


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Page 9, line 16, delete "(c)" and insert "(d)"

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources.

 

      The report was adopted.

 

 

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 1065, A bill for an act relating to veterans affairs; providing a health screening benefit for eligible members of the armed forces; requiring notification; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. [197.08] HEALTH SCREENING TEST FOR EXPOSURE TO DEPLETED URANIUM.

 

Subdivision 1. Definitions. (a) For purposes of this section, the following definitions apply.

 

(b) "Commissioner" means the commissioner of veterans affairs.

 

(c) "Depleted uranium" means uranium containing less Uranium 235 than the naturally occurring distribution of uranium isotopes.

 

(d) "Eligible person" means a veteran or current member of the United States armed forces, including the Minnesota National Guard and other reserves, who has served in active military service as defined in section 190.05, subdivision 5, at any time since August 2, 1990, and who is a Minnesota resident.

 

(e) "Veteran" has the meaning assigned in section 197.447.

 

Subd. 2. Health screening test. (a) The following eligible persons have a right to a best practice health screening test for exposure to depleted uranium:

 

(1) those who have been assigned a risk level I or II for depleted uranium exposure by the person's branch of service;

 

(2) those who can provide to the satisfaction of the commissioner evidence of exposure equivalent to an assigned risk of level I or II; and

 

(3) those who provide evidence to the satisfaction of the commissioner of a medical diagnosis of serious debilitating symptoms of nonspecific origin following service in an area where depleted uranium ammunition was expended.

 

(b) The commissioner, in consultation with the commissioner of health, must select a test that utilizes a bioassay procedure involving sensitive methods capable of detecting depleted uranium at low levels and the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium.


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Subd. 3. Commissioner to provide for test. The commissioner shall establish a method for administering the health screening test described in subdivision 2.

 

Subd. 4. Notification of availability to those eligible. The commissioner must make reasonable efforts to inform all eligible persons of their potential right to the health screening test described in subdivision 2.

 

Subd. 5. Random sample study. (a) In addition to the testing required under subdivision 2, the commissioner shall select a random sample containing ten percent of the eligible members who as Minnesota residents have served for a period of 30 days or more within Iraq or Afghanistan in support of contingency operations for Operation Iraqi Freedom or Operation Enduring Freedom. Each eligible member who is selected into the sample by the commissioner has the right to the same health screening test as provided under subdivision 2. The commissioner must make a reasonable effort to inform each selected person of that right, and must provide the person with a reasonable opportunity to take the health screening test. The commissioner, acting in accordance with the requirements of chapter 13, the Government Data Practices Act, must statistically tabulate the results of the screening tests for the selected sample and upon request must report those results to the chairs and ranking minority members of the senate and house of representatives committees responsible for military and veterans affairs.

 

(b) The adjutant general of the Minnesota National Guard, and the senior officer of each military reserve organization located within Minnesota shall assist the commissioner with the sampling task by providing to the commissioner in a timely manner a complete listing of the names, unit designations, and most recent mailing addresses of their current and previous members who as Minnesota residents have served for a period of 30 days or more in active military service within Iraq or Afghanistan in support of contingency operations for Operation Iraqi Freedom or Operation Enduring Freedom.

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 2. APPROPRIATION.

 

$3,000,000 is appropriated from the general fund to the commissioner of veterans affairs in fiscal year 2007 to implement section 1. Any balance remaining does not expire and is available for this same purpose in fiscal year 2008."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Mariani from the Committee on E-12 Education to which was referred:

 

H. F. No. 1087, A bill for an act relating to education; establishing a funding source for a teacher residency program designed to prepare and support newly licensed teachers to effectively teach a diverse student population; appropriating money.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.


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Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

 

H. F. No. 1101, A bill for an act relating to agriculture; providing an exception to recreational camping regulations for county fairgrounds; proposing coding for new law in Minnesota Statutes, chapter 38.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Pelowski from the Committee on Governmental Operations, Reform, Technology and Elections to which was referred:

 

H. F. No. 1110, A bill for an act relating to elections; changing certain definitions, voter registration procedures and requirements, filing requirements, voting procedures, election day prohibitions, and ballot preparation requirements; establishing a complaint and resolution process; requiring certain notices; providing for assessment of certain costs; changing a petition requirement; imposing penalties; appropriating money; amending Minnesota Statutes 2006, sections 200.02, subdivisions 7, 23; 201.056; 201.061, subdivision 1, by adding a subdivision; 201.071, subdivision 1; 201.091, by adding a subdivision; 201.121, by adding a subdivision; 201.171; 204B.06, subdivision 1; 204B.09, subdivision 1; 204B.11, subdivision 2; 204B.27, by adding a subdivision; 204B.45, subdivision 1; 204C.06, subdivision 8; 204D.09, subdivision 2; 204D.16; 205.16, subdivisions 2, 3; 205A.07, subdivision 2; 206.89, subdivision 1; 211A.05; 211B.37; 325L.03; 410.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 2006, sections 200.04; 201.061, subdivision 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 10A.14, subdivision 1, is amended to read:

 

Subdivision 1. First registration. The treasurer of a political committee, political fund, principal campaign committee, or party unit must register with the board by filing a statement of organization no later than 14 days after the committee, fund, or party unit has made a contribution, received contributions, or made expenditures in excess of $100, or within 24 hours after it has received a loan or contribution that must be reported under section 10A.20, subdivision 5, whichever is earlier. The 24-hour registration requirement does not apply to the principal campaign committee of a legislative candidate seeking to fill an unexpired term in a special election.

 

Sec. 2. Minnesota Statutes 2006, section 10A.20, subdivision 5, is amended to read:

 

Subd. 5. Preelection reports. Any loan, contribution, or contributions to a political committee, political fund, or party unit from any one source totaling $800 or more, or in a statewide election any loan, contribution, or contributions to a candidate from any one source totaling $2,000 $800 or more, or to a candidate in any judicial district or legislative election totaling more than $400, received between the last day covered in the last report before an election and the election must be reported to the board in one of the following ways:

 

(1) in person within 48 24 hours after its receipt;

 

(2) by telegram or mailgram within 48 hours after its receipt;

 

(3) by certified mail sent within 48 hours after its receipt; or


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(4) (2) by electronic means sent within 48 24 hours after its receipt.

 

These loans and contributions must also be reported in the next required report.

 

The 48-hour 24-hour notice requirement does not apply with respect to a primary in which the statewide or legislative candidate is unopposed. The 24-hour notice requirement also does not apply to principal campaign committees for legislative candidates seeking to fill an unexpired term in a special election.

 

The board must post the report on its Web site within 24 hours after it is received.

 

Sec. 3. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:

 

Subd. 7. Major political party. (a) "Major political party" means a political party that maintains a party organization in the state, political division, or precinct in question and that has presented at least one candidate for election to the office of:

 

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general at the last preceding state general election for those offices; or

 

(2) presidential elector or U.S. senator at the last preceding state general election for presidential electors; and

 

whose candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election.

 

(b) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and that has presented at least 45 candidates for election to the office of state representative, 23 candidates for election to the office of state senator, four candidates for election to the office of representative in Congress, and one candidate for election to each of the following offices: governor and lieutenant governor, attorney general, secretary of state, and state auditor, at the last preceding state general election for those offices.

 

(c) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and whose members present to the secretary of state at any time before the close of filing for the state partisan primary ballot at least six weeks before the start of the filing period a petition for a place on the state partisan primary ballot, which petition contains signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election. The petition may be circulated at any time after January 1 and more than six weeks before the start of the filing period in the year the petition is submitted.

 

(d) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (a) or a political party that presents candidates at an election as required by paragraph (b) becomes a major political party as of January 1 following that election and retains its major party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (a) or fails to present candidates as required by paragraph (b) at subsequent state general elections.

 

(e) A major political party whose candidates fail to receive the number and percentage of votes required under paragraph (a) and that fails to present candidates as required by paragraph (b) at each of two consecutive state general elections described by paragraph (a) or (b), respectively, loses major party status as of December 31 following the later of the two consecutive state general elections.


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Sec. 4. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:

 

Subd. 23. Minor political party. (a) "Minor political party" means a political party that has adopted a state constitution, designated a state party chair, held a state convention in the last two years, filed with the secretary of state no later than December 31 following the most recent state general election a certification that the party has met the foregoing requirements, and met the requirements of paragraph (b) or (e), as applicable.

 

(b) To be considered a minor party in all elections statewide, the political party must have presented at least one candidate for election to the office of:

 

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general, at the last preceding state general election for those offices; or

 

(2) presidential elector or U.S. senator at the preceding state general election for presidential electors; and

 

who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election, or its members must have presented to the secretary of state at any time before the close of filing for the state partisan primary ballot at least six weeks before the start of the filing period a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least one percent of the total number of individuals who voted in the preceding state general election. The petition may be circulated at any time after January 1 and more than six weeks before the start of the filing period in the year the petition is submitted.

 

(c) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (b) becomes a minor political party as of January 1 following that election and retains its minor party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (b) at subsequent state general elections.

 

(d) A minor political party whose candidates fail to receive the number and percentage of votes required under paragraph (b) at each of two consecutive state general elections described by paragraph (b) loses minor party status as of December 31 following the later of the two consecutive state general elections.

 

(e) A minor party that qualifies to be a major party loses its status as a minor party at the time it becomes a major party. Votes received by the candidates of a major party must be counted in determining whether the party received sufficient votes to qualify as a minor party, notwithstanding that the party does not receive sufficient votes to retain its major party status. To be considered a minor party in an election in a legislative district, the political party must have presented at least one candidate for a legislative office in that district who received votes from at least ten percent of the total number of individuals who voted for that office, or its members must have presented to the secretary of state a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least ten percent of the total number of individuals who voted in the preceding state general election for that legislative office.

 

Sec. 5. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:

 

Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice to any voter who the county auditor can determine has voted in a precinct other than the precinct in using an address at which the voter maintains does not maintain residence on election day. The notice must be in the form provided by the secretary of state. The county auditor shall also change the status of the voter in the statewide registration system to "challenged" and the voter shall be required to provide proof of residence to either the county auditor or to the election judges in the voter's precinct before voting in the next election. Any of the forms authorized by section 201.061 for registration at the polling place may be used for this purpose.


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(b) A voter who votes in a precinct other than the precinct in which the voter maintains residence after receiving an initial violation notice as provided in this subdivision is guilty of a petty misdemeanor.

 

(c) A voter who votes in a precinct other than the precinct in which the voter maintains residence after having been found to have committed a petty misdemeanor under paragraph (b) is guilty of a misdemeanor.

 

(d) Reliance by the voter on inaccurate information regarding the location of the voter's polling place provided by the state, county, or municipality is an affirmative defense to a prosecution under this subdivision.

 

Sec. 6. Minnesota Statutes 2006, section 201.056, is amended to read:

 

201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.

 

An individual who is unable to write the individual's name shall be required to sign a registration card by making the individual's mark application in the manner provided by section 645.44, subdivision 14. If the individual registers in person and signs by making a mark, the clerk or election judge accepting the registration shall certify the mark by signing the individual's name. If the individual registers by mail and signs by making a mark, the mark shall be certified by having a voter registered in the individual's precinct sign the individual's name and the voter's own name and give the voter's own address.

 

Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:

 

Subdivision 1. Prior to election day. At any time except during the 20 days immediately preceding any regularly scheduled election, an eligible voter or any individual who will be an eligible voter at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a paper voter registration application as described in section 201.071, subdivision 1, and submitting it in person or by mail to the county auditor of that county or to the Secretary of State's Office. If the individual has a Minnesota driver's license, identification card, or learner's permit, the individual may register online using the Web site maintained by the secretary of state. A registration that is received no later than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered registration application shall be forwarded within two working days after receipt to the county auditor of the county where the voter maintains residence. A state or local agency or an individual that accepts completed voter registration applications from a voter must submit the completed applications to the secretary of state or the appropriate county auditor within ten business days after the applications are dated by the voter.

 

For purposes of this section, mail registration is defined as a voter registration application delivered to the secretary of state, county auditor, or municipal clerk by the United States Postal Service or a commercial carrier.

 

Sec. 8. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision to read:

 

Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual may be compensated for the solicitation, collection, or acceptance of voter registration applications from voters for submission to the secretary of state, a county auditor, or other local election official in a manner in which payment is calculated by multiplying (1) either a set or variable payment rate, by (2) the number of voter registration applications solicited, collected, or accepted.

 

(b) No individual may be deprived of compensation or have compensation automatically reduced exclusively for failure to solicit, collect, or accept a minimum number of voter registration applications and no individual may receive additional compensation for reaching or exceeding a minimum number of voter registration applications.

 

(c) A person who violates this subdivision is guilty of a petty misdemeanor.


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Sec. 9. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:

 

Subd. 3. Election day registration. (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:

 

(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;

 

(2) presenting any document approved by the secretary of state as proper identification;

 

(3) presenting one of the following:

 

(i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

(4) having a voter who is registered to vote in the precinct, or who is an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. A voter who is registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation does not apply to an employee of a residential facility described in this clause. The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a statement that the voter is registered to vote in the precinct, personally knows that the individual is a resident of the precinct, and is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address.

 

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application and the information on the oath must be recorded on the records of both the voter registering on election day and the voter who is vouching for the person's residence, and entered into the statewide voter registration system by the county auditor when the voter registration application is entered into that system.

 

(b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility. The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.


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(d) For tribal band members, an individual may prove residence for purposes of registering by:

 

(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or

 

(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

 

(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.

 

Sec. 10. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:

 

Subdivision 1. Form. A voter registration application must be of suitable size and weight for mailing and contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, and the last four digits of the voter's Social Security number; and voter's signature. The registration application may include the voter's e-mail address, if provided by the voter, and the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

 

"I certify that I:

 

(1) will be at least 18 years old on election day;

 

(2) am a citizen of the United States;

 

(3) will have resided in Minnesota for 20 days immediately preceding election day;

 

(4) maintain residence at the address given on the registration form;

 

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

 

(6) have not been found by a court to be legally incompetent to vote;

 

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence; and

 

(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

The certification must include boxes for the voter to respond to the following questions:

 

"(1) Are you a citizen of the United States?" and

 

"(2) Will you be 18 years old on or before election day?"


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And the instruction:

 

"If you checked 'no' to either of these questions, do not complete this form."

 

The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

A paper voter registration application must include space for the voter's signature and be of suitable size and weight for mailing.

 

Sec. 11. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision to read:

 

Subd. 5a. Registration verification to registered voter. The secretary of state must provide for voter registration verification to a registered voter on the secretary of state's Web site. An individual must provide the individual's name, address, and date of birth when requesting registration verification. If the verification information provided completely matches an active registration record in the statewide registration system, the individual must be informed that the individual is a registered voter and provided with the individual's polling place location. If the verification information provided does not completely match an active registration record in the statewide registration system, the individual must be informed that a registration record at the name and address provided cannot be retrieved and advised to contact the county auditor or secretary of state for further information.

 

Sec. 12. Minnesota Statutes 2006, section 201.121, is amended by adding a subdivision to read:

 

Subd. 4. Biennial verification. At least seven weeks before the state general election, the secretary of state shall mail a nonforwardable notice about the upcoming election to every registered voter in the state. The notice must include the voter's polling place location and the legislative, congressional, county commissioner, and school district in which the voter resides. It must also include information on voting eligibility and how to register to vote on election day.

 

Sec. 13. Minnesota Statutes 2006, section 201.171, is amended to read:

 

201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.

 

Within six weeks after every election, the county auditor shall post the voting history for every person who voted in the election. After the close of the calendar year, the secretary of state shall determine if any registrants have not voted during the preceding four six years. The secretary of state shall perform list maintenance by changing the status of those registrants to "inactive" in the statewide registration system. The list maintenance performed must be conducted in a manner that ensures that the name of each registered voter appears in the official list of eligible voters in the statewide registration system. A voter must not be removed from the official list of eligible voters unless the voter is not eligible or is not registered to vote. List maintenance must include procedures for eliminating duplicate names from the official list of eligible voters.

 

The secretary of state shall also prepare a report to the county auditor containing the names of all registrants whose status was changed to "inactive."


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Registrants whose status was changed to "inactive" must register in the manner specified in section 201.054 before voting in any primary, special primary, general, school district, or special election, as required by section 201.018.

 

Although not counted in an election, a late or rejected absentee or mail ballot must be considered a vote for the purpose of continuing registration.

 

Sec. 14. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:

 

Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to conveniently enclose and contain the ballot envelope and a voter registration card application folded along its perforations. The return envelope shall be designed to open on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must be designed in one of the following ways:

 

(1) it must be of sufficient size to contain an additional envelope that when sealed, conceals the signature, identification, and other information; or

 

(2) it must provide an additional flap that when sealed, conceals the signature, identification, and other information. Election officials may open the flap or the additional envelope at any time after receiving the returned ballot to inspect the returned certificate for completeness or to ascertain other information. A certificate of eligibility to vote by absentee ballot shall be printed on the back of the envelope. The certificate shall contain a statement to be signed and sworn by the voter indicating that the voter meets all of the requirements established by law for voting by absentee ballot. The certificate shall also contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths stating that:

 

(a) the ballots were displayed to that individual unmarked;

 

(b) the voter marked the ballots in that individual's presence without showing how they were marked, or, if the voter was physically unable to mark them, that the voter directed another individual to mark them; and

 

(c) if the voter was not previously registered, the voter has provided proof of residence as required by section 201.061, subdivision 3.

 

The county auditor or municipal clerk shall affix first class postage to the return envelopes.

 

Sec. 15. Minnesota Statutes 2006, section 203B.081, is amended to read:

 

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

 

An eligible voter may vote by absentee ballot during the 30 days before the election in the office of the county auditor and at any other polling place designated by the county auditor. The county auditor shall make such designations at least 90 days before the election. At least one voting booth and at least one electronic ballot marker in each polling place must be made available by the county auditor for this purpose.

 

Sec. 16. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:

 

Subd. 4. Placement in container; opening and counting of ballots. The ballot envelopes from return envelopes marked "Accepted" shall be placed by the election judges in a separate absentee ballot container. The container and each ballot envelope may be opened only after the last regular mail delivery by the United States postal service noon on election day. The ballots shall then be initialed by the election judges in the same manner as ballots delivered by them to voters in person and shall be deposited in the appropriate ballot box.


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If more than one ballot of any kind is enclosed in the ballot envelope, none of the ballots of that kind shall be counted but all ballots of that kind shall be returned in the manner provided by section 204C.25 for return of spoiled ballots.

 

Sec. 17. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:

 

Subdivision 1. Establishment. The governing body of any county that has established a counting center as provided in section 206.85, subdivision 2, any municipality, or any school district may by ordinance or resolution, authorize an absentee ballot board. The board shall consist of a sufficient number of election judges appointed as provided in sections 204B.19 to 204B.22.

 

Sec. 18. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:

 

Subd. 2. Duties. The absentee ballot board may do any of the following:

 

(a) receive from each precinct in the municipality or school district all ballot envelopes marked "Accepted" by the election judges; provided that the governing body of a municipality or the school board of a school district may authorize the board to examine all return absentee ballot envelopes and receive accept or reject absentee ballots in the manner provided in section 203B.12;.

 

(b) open and count the absentee ballots, tabulating the vote in a manner that indicates each vote of the absentee voter and the total absentee vote cast for each candidate or question in each precinct; or

 

(c) report the vote totals tabulated for each precinct.

 

The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the 30 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. The secretary of state shall provide samples of the replacement ballot and return envelope for use by the county auditor.

 

Sec. 19. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:

 

Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of the office sought and, except as provided in subdivision 4, shall state that the candidate:

 

(1) is an eligible voter;

 

(2) has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election, except that a candidate for soil and water conservation district supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County, may also have on file an affidavit of candidacy for mayor or council member of a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district or for town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district; and

 

(3) is, or will be on assuming the office, 21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election.


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An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community.

 

An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less. The affidavit of candidacy must include an original signature of the candidate.

 

Sec. 20. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:

 

Subdivision 1. Candidates in state and county general elections. (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 70 days nor less than 56 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.

 

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10.

 

(c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions on or before the state primary day pursuant to section 204B.07, but no earlier than 70 days before the state primary. Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

 

(d) Affidavits and petitions for county offices to be voted on in only one county shall must be filed with the county auditor of that county. Affidavits and petitions for federal offices to be voted on in more than one county shall must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides.

 

Sec. 21. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought no later than the fifth seventh day before the general election. The filing officer shall provide copies of the form to make the request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States. The request must also include the name of at least one candidate for presidential elector. The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 22. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:

 

Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of candidacy, a candidate may present a petition in place of the filing fee. The petition may be circulated from the date of precinct caucuses to the end of the period for filing affidavits of candidacy. The petition may be signed by any individual eligible to vote for the candidate. A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of a filing fee if the nominating petition includes a prominent statement informing the signers of the petition that it will be used for that purpose.


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The number of signatures on a petition in place of a filing fee shall be as follows:

 

(a) for a state office voted on statewide, or for president of the United States, or United States senator, 2,000;

 

(b) for a congressional office, 1,000;

 

(c) for a county or legislative office, or for the office of district judge, 500; and

 

(d) for any other office which requires a filing fee as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures or five percent of the total number of votes cast in the municipality, ward, or other election district at the preceding general election at which that office was on the ballot.

 

An official with whom petitions are filed shall make sample forms for petitions in place of filing fees available upon request.

 

Sec. 23. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:

 

Subdivision 1. Authority; location. The governing body of each municipality and of each county with precincts in unorganized territory shall designate by ordinance or resolution a polling place for each election precinct. Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day. The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within 3,000 feet one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11. The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct. If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

Sec. 24. Minnesota Statutes 2006, section 204B.27, is amended by adding a subdivision to read:

 

Subd. 12. Information to naturalized citizens. Each month, the secretary of state shall obtain a list of the name and residential address of each citizen newly naturalized in this state during the previous month and shall mail to each person on the list information on registering to vote and serving as an election judge.

 

Sec. 25. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.

 

Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution of any of the following conditions that have occurred or are about to occur:

 

(1) voter records in the statewide registration system are not maintained by the secretary of state or a county auditor in the manner provided in chapter 201;

 

(2) voters are unable to register to vote in the manner provided by section 201.061;

 

(3) a voting system, including an electronic ballot marker, meeting the requirements of section 206.80 is not available for use by voters either casting an absentee ballot in person at the locations designated by the county auditor or local election official, or for voting at any polling place on election day; or


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(4) the secretary of state, county auditor, or local election official has failed to carry out a duty required by Title III of the Help America Vote Act of 2002.

 

A complaint against a municipal or school district clerk must be filed with the county auditor of the county in which the action has occurred or is about to occur. A complaint against a county auditor must be filed with the secretary of state. A complaint against the secretary of state must be filed with the Office of Administrative Hearings. The secretary of state shall provide a standard form for a complaint under this section. The form must provide space for the complainant to specify the legal basis for the complaint. The proceedings authorized by this section are not subject to the requirements of chapter 14.

 

Subd. 2. Notice of complaint. The official with whom the complaint is filed must, within seven days after the complaint was filed, provide written notice of the complaint, including a copy of the complaint, to the official against whom the complaint has been made.

 

Subd. 3. Response. Within 14 days after the notice of complaint is received, the official complained against must respond in writing to the complainant and state the manner in which the respondent proposes to resolve the complaint.

 

Subd. 4. Hearing. If the complainant believes the response does not resolve the complaint, the complainant may file with the official with whom the complaint was filed a request for a hearing. The request must state the objection to the response and propose to resolve the complaint in a way that is consistent with the Minnesota Election Law. The official with whom the complaint was filed must rule on the complaint within 14 days after the hearing.

 

Subd. 5. Appeal. No later than 30 days after the ruling, the complainant may appeal the ruling. If the complaint was filed against a municipal clerk, school district clerk, or county auditor, the appeal must be filed with the secretary of state. If the complaint was filed against the secretary of state, the appeal must be filed with the Ramsey County District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the secretary of state or district court may affirm, reverse, or modify the ruling and give appropriate instructions, as needed, to the secretary of state, county auditor, or local election official to resolve the complaint.

 

EFFECTIVE DATE. This section is effective January 1, 2008.

 

Sec. 26. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:

 

Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least six weeks prior to the election. No earlier Not more than 20 30 days or nor later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the 30 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.


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Sec. 27. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:

 

Subdivision 1. Lingering near polling place. An individual shall be allowed to go to and from the polling place for the purpose of voting without unlawful interference. No one except an election official or an individual who is waiting to register or to vote shall stand within 100 feet of the entrance to a polling place. The entrance to a polling place is the doorway or point of entry leading into the room or area where voting is occurring building in which a polling place is located.

 

Sec. 28. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision to read:

 

Subd. 6. Cancellation. A special election ordered by the governing body of the municipality on its own motion under subdivision 1 may be canceled by motion of the governing body, but not less than 46 days before the election.

 

Sec. 29. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision to read:

 

Subd. 7. Write-in candidates. A candidate for a city office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh day before the general election. The filing officer must provide copies of the form to make the request.

 

Sec. 30. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:

 

Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk shall at least four days two weeks before the election post prepare a sample ballot for each precinct in the municipality, make them available for public inspection in the clerk's office for public inspection, and post a sample ballot in each polling place on election day.

 

Sec. 31. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:

 

Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. Not less than 46 days before the election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6.

 

Sec. 32. Minnesota Statutes 2006, section 205A.05, is amended by adding a subdivision to read:

 

Subd. 3. Cancellation. A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 days before the election.

 

Sec. 33. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:

 

Subd. 3. Notice to auditor. At least 53 days prior to every school district election, the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor prior to receipt of a review and comment from the commissioner of education and prior to actual initiation of the election. Not less than 46 days before the election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3.


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Sec. 34. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:

 

Subd. 3a. Notice to commissioner of education. At least 49 days prior to every school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election. Not less than 46 days before the election, the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner.

 

Sec. 35. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:

 

Subd. 5. Voting system for disabled voters. In federal and state elections held after December 31, 2005, and in county, municipal city, and school district elections held after December 31, 2007, and in township elections held after December 31, 2009, the voting method used in each polling place must include a voting system that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

 

Sec. 36. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:

 

Subdivision 1. Definition. For purposes of this section "postelection review official" means the election administration official who is responsible for the conduct of elections in a precinct selected for review under this section. county auditor, unless the county auditor designates the municipal clerk as the "postelection review official" within 24 hours after the canvass of the state general election.

 

Sec. 37. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:

 

Subd. 5. Additional review. (a) If the postelection review in one of the reviewed precincts reveals a difference greater than one-half of one percent, or greater than two votes in a precinct where 400 or fewer voters cast ballots, the postelection review official must, within two days, conduct an additional review of the races indicated in subdivision 3 in at least three precincts in the same jurisdiction where the discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for review. The postelection review official must complete the additional review within two days after the precincts are selected and report the results immediately to the county auditor. If the second review in any of the reviewed precincts also indicates a difference in the vote totals compiled by the voting system that is greater than one-half of one percent from the result indicated by the postelection review, or greater than two votes in a precinct where 400 or fewer voters cast ballots, the county auditor must conduct a review of the ballots from all the remaining precincts in the county for the races indicated in subdivision 3. This review must be completed no later than six weeks after the state general election.

 

(b) If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the postelection review official must conduct a manual recount of all the ballots in the district for the affected office. The recount must be completed and the results reported to the appropriate canvassing board no later than ten weeks after the state general election.


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Sec. 38. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:

 

Subd. 2. Information required. The report to be filed by a candidate or committee must include:

 

(1) the name of the candidate or ballot question;

 

(2) the printed name and, address, telephone number, signature, and e-mail address, if available, of the person responsible for filing the report;

 

(3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due;

 

(4) the amount, date, and purpose for each expenditure; and

 

(5) the name, address, and employer, or occupation if self-employed, of any individual or committee that during the year has made one or more contributions that in the aggregate are equal to or greater than $100, and the amount and date of each contribution.

 

The filing officer must restrict public access to the address of any individual who has made a contribution equal to or greater than $100 and who has filed with the filing officer a written statement signed by the individual that withholding the individual's address from the financial report is required for the safety of the individual or the individual's family.

 

Sec. 39. Minnesota Statutes 2006, section 211A.05, is amended to read:

 

211A.05 FAILURE TO FILE STATEMENT.

 

Subdivision 1. Penalty. A candidate who intentionally fails to file a report required by section 211A.02 or a certification required by this section is guilty of a misdemeanor. The treasurer of a committee formed to promote or defeat a ballot question who intentionally fails to file a report required by section 211A.02 or a certification required by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee formed to promote or defeat a ballot question shall certify to the filing officer that all reports required by section 211A.02 have been submitted to the filing officer or that the candidate or committee has not received contributions or made disbursements exceeding $750 in the calendar year. The certification shall be submitted to the filing officer no later than seven days after the general or special election. The secretary of state shall prepare blanks for this certification. An officer who issues a certificate of election to a candidate who has not certified that all reports required by section 211A.02 have been filed is guilty of a misdemeanor.

 

Subd. 2. Notice of failure to file; penalty. If a candidate or committee fails to file a report on the date it is due, the filing officer shall immediately notify the candidate or committee of the failure to file. If a report is not filed within ten days after the notification is mailed, the filing officer shall file a complaint under section 211B.32. No later than four business days after the date on which a report is due, the filing officer must send a notice by certified mail to any individual who fails to file a statement required by this chapter. If an individual fails to file a statement within ten business days after the notice of failure to file was sent, the filing officer must impose a late filing fee of $10 per day, not to exceed $200, commencing with the 11th day after the notice was sent. If the individual fails to file the statement within 30 days after the notice was sent, the filing officer must file a complaint under section 211B.32 and the late filing fee must be made payable to the Office of Administrative Hearings in lieu of any payment that would otherwise be assessed to the county from which the complaint was filed.


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Sec. 40. Minnesota Statutes 2006, section 211B.03, is amended to read:

 

211B.03 USE OF THE TERM REELECT.

 

(a) A person or candidate may not use the term "reelect" in a campaign for elective office unless the candidate is the incumbent of that office. If the incumbent is seated in that office but was not elected to the office in a general or special election, the incumbent may not use the term "reelect."

 

(b) In the event of redistricting, a person or candidate may not, in the event of redistricting, use the term "reelect" in a campaign for elective office unless the candidate is the incumbent of that office and the office represents any part of the new district.

 

(c) For purposes of this section, "incumbent" means the individual currently seated in the office for which the election will be held, as of the last day of filing as a candidate for election to that office.

 

Sec. 41. Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read:

 

Subdivision 1. Soliciting near polling places. A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated, or anywhere on the public property on which a polling place is situated located, on primary or election day to vote for or refrain from voting for a candidate or ballot question. A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the day of a primary or election. A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day. This section applies to areas established by the county auditor or municipal clerk for absentee voting as provided in chapter 203B.

 

The secretary of state, county auditor, municipal clerk, or school district clerk may provide stickers which contain the words "I VOTED" and nothing more. Election judges may offer a sticker of this type to each voter who has signed the polling place roster.

 

Sec. 42. Minnesota Statutes 2006, section 325L.03, is amended to read:

 

325L.03 SCOPE.

 

(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction.

 

(b) This chapter does not apply to a transaction to the extent it is governed by:

 

(1) the Uniform Commercial Code other than section 336.1-306, article 2, and article 2A; and

 

(2) section 145C.03, subdivision 1, relating to requirements for creation of a health care directive; section 507.24, relating to requirements for recording any conveyance, power of attorney, or other instrument affecting real estate; section 523.23, subdivision 3, relating to requirements for creation of a statutory short form power of attorney; and section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of preferences or instructions regarding intrusive mental health treatment.

 

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under paragraph (b) to the extent it is governed by a law other than those specified in paragraph (b).

 

(d) A transaction subject to this chapter is also subject to other applicable substantive law.


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(e) This chapter does not apply to the creation and execution of wills, codicils, or trusts other than trusts relating to the conduct of business, commercial, or governmental purposes.

 

(f) This chapter does not apply to affidavits of candidacy relating to the conduct of elections.

 

Sec. 43. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:

 

Subdivision 1. Option for filling vacancies; election in 30 to 60 days. Except as provided in subdivision 3, a vacancy in the office of county commissioner shall may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election not less than 30 nor more than 60 90 days after the vacancy occurs. The special primary or special election may be held on the same day as a regular primary or regular election but the special election shall be held not less than 14 days after the special primary. The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term. If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 44. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision to read:

 

Subd. 4. Option for filling vacancies; appointment. Except as provided in subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any other vacancy in the office of county commissioner may be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the first day to file affidavits of candidacy for the next county general election and more than two years remain in the unexpired term, a special election shall be held in conjunction with the county general election. The appointed person shall serve until the qualification of the successor elected to fill the unexpired part of the term at that special election. If the vacancy occurs on or after the first day to file affidavits of candidacy for the county general election, or when less than two years remain in the unexpired term, there shall be no special election to fill the vacancy and the appointed person shall serve the remainder of the unexpired term and until a successor is elected and qualifies at the county general election.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 45. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:

 

Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Petitions may be signed no earlier than 26 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth.


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Sec. 46. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:

 

Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than 70 days nor less than 56 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy. A candidate for a hospital district office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh day before the general election. The filing officer must provide copies of the form to make the request.

 

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.

 

After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

 

Sec. 47. APPROPRIATION.

 

$....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the general fund to the secretary of state for the purpose of implementing sections 1 to 48.

 

Sec. 48. REPEALER.

 

Minnesota Statutes 2006, sections 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; and 203B.13, subdivision 3a, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to elections; changing certain definitions, voter registration procedures and requirements, filing requirements, voting procedures, election day prohibitions, and ballot preparation requirements; establishing a complaint and resolution process; requiring certain notices; providing for assessment of certain costs; changing a petition requirement; imposing penalties; appropriating money; amending Minnesota Statutes 2006, sections 10A.14, subdivision 1; 10A.20, subdivision 5; 200.02, subdivisions 7, 23; 201.016, subdivision 1a; 201.056; 201.061, subdivisions 1, 3, by adding a subdivision; 201.071, subdivision 1; 201.091, by adding a subdivision; 201.121, by adding a subdivision; 201.171; 203B.07, subdivision 2; 203B.081; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 204B.06, subdivision 1; 204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.27, by adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by adding a subdivision;


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205A.07, subdivisions 3, 3a; 206.57, subdivision 5; 206.89, subdivisions 1, 5; 211A.02, subdivision 2; 211A.05; 211B.03; 211B.11, subdivision 1; 325L.03; 375.101, subdivision 1, by adding a subdivision; 410.12, subdivision 1; 447.32, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 2006, sections 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.13, subdivision 3a."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Finance.

 

      The report was adopted.

 

 

Eken from the Committee on Environment and Natural Resources to which was referred:

 

H. F. No. 1116, A bill for an act relating to game and fish; modifying definitions; providing for and modifying certain fees; modifying provisions for taking animals causing damage; modifying license and stamp provisions; modifying certain possession and taking restrictions; providing for an apprentice hunter validation; providing criminal and civil penalties; amending Minnesota Statutes 2006, sections 97A.015, by adding subdivisions; 97A.045, by adding a subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.421, by adding a subdivision; 97A.451, subdivision 3; 97A.465, by adding a subdivision; 97A.475, subdivisions 2, 3; 97A.505, subdivision 4; 97A.511; 97B.020; 97B.075; 97B.301, subdivision 7; 97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.081, subdivision 3; 97C.325; 97C.355, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.365.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision to read:

 

Subd. 26c. Immediately released or immediately returned to the water. "Immediately released" or "immediately returned to the water" means that a fish must not be retained longer than is needed at the site of capture to unhook, identify, measure, or photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or other container is not "immediately released" or "immediately returned to the water."

 

Sec. 2. Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to read:

 

Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray partridge, bob-white quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning dove, American woodcock, and common snipe.

 

Sec. 3. Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision to read:

 

Subd. 12. Establishing fees. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees providing for the use of state wildlife management area or aquatic management area lands for specific purposes, including dog trials; special events; and commercial uses. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

Sec. 4. Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:

 

Subd. 5. Wild animals damaging property. Special permits may be issued with or without a fee to take protected wild animals that are damaging property or to remove or destroy their dens, nests, eggs, houses, or dams for the purpose of preventing or reducing damage or injury to people, property, agricultural crops, or other interests.


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The commissioner may prescribe rules for taking Canada geese and their nests and eggs, with or without a permit, consistent with federal regulations. A special permit issued under this subdivision to take beaver must state the number to be taken.

 

Sec. 5. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:

 

Subd. 2. Personal possession. (a) A person acting under a license or traveling from an area where a licensed activity was performed must have in personal possession either: (1) the proper license, if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation, if the license has been sold to the person by electronic means but the actual license has not been issued and received.

 

(b) If possession of a license or a license identification number is required, a person must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper license if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation and a valid state driver's license, state identification card, or other form of identification provided by the commissioner, if the license has been sold to the person by electronic means but the actual license has not been issued and received.

 

(c) If the actual license has been issued and received, a receipt for license fees, a copy of a license, or evidence showing the issuance of a license, including the license identification number or stamp validation, does not entitle a licensee to exercise the rights or privileges conferred by a license.

 

(d) A license or stamp issued electronically and not immediately provided to the licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A pictorial turkey stamp or a pictorial, migratory waterfowl, pheasant, or trout and salmon stamp shall be mailed provided to the licensee after purchase of a license or stamp validation only if the licensee pays an additional $2 fee.

 

Sec. 6. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:

 

Subd. 4. Replacement licenses. (a) The commissioner may permit licensed deer hunters to change zone, license, or season options. The commissioner may issue a replacement license if the applicant submits the original deer license and unused tags that are being replaced and the applicant pays any increase in cost between the original and the replacement license. A refund of the difference in fees may be issued when a person changes from a regular deer license to a youth deer license. When a person submits both an archery and a firearms license for replacement, the commissioner may apply the value of both licenses towards the replacement license fee.

 

(b) A replacement license may be issued only if the applicant has not used any tag from the original license or licenses and meets the conditions of paragraph (c). The original license or licenses and all unused tags for that license for the licenses being replaced must be submitted to the issuing agent at the time the replacement license is issued.

 

(c) A replacement license may be issued under the following conditions, or as otherwise prescribed by rule of the commissioner:

 

(1) when the season for the license being surrendered has not yet opened; or

 

(2) when the person is upgrading from a regular firearms or archery deer license to a multizone or an all season deer license.;

 

(3) when the person is upgrading from a regular firearms license to a multizone deer license; or


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(4) when the person is changing from a regular firearms deer license to a youth deer license.

 

(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid immediately upon issuance if the license being surrendered is valid at that time.

 

Sec. 7. Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision to read:

 

Subd. 7. Taking wild animals while privileges are suspended. A person who takes a protected wild animal during the time the person is prohibited from obtaining a license to take that animal under this section is guilty of a misdemeanor.

 

Sec. 8. Minnesota Statutes 2006, section 97A.441, subdivision 7, is amended to read:

 

Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may issue, without a fee, a license to take an antlerless deer to a person who is an owner or tenant and is living and actively farming on of at least 80 acres of agricultural land, as defined in section 97B.001, in deer permit areas that have deer archery licenses to take additional deer under section 97B.301, subdivision 4. A person may receive only one license per year under this subdivision. For properties with co-owners or cotenants, only one co-owner or cotenant may receive a license under this subdivision per year. The license issued under this subdivision is restricted to land leased for agricultural purposes or owned by the holder of the license within the permit area where the qualifying land is located. The holder of the license may transfer the license to the holder's spouse or dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 2, the holder of the license may purchase an additional license for taking deer and may take an additional deer under that license.

 

(b) A person who obtains a license under paragraph (a) must allow public deer hunting on their land during that deer hunting season, with the exception of the first Saturday and Sunday during the deer hunting season applicable to the license issued under section 97A.475, subdivision 2, clauses (4) and (13).

 

Sec. 9. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:

 

Subd. 3. Residents under age 16; small game. (a) A resident under age 16 may not obtain a small game license but may take small game by firearms or bow and arrow without a license if the resident is:

 

(1) age 14 or 15 and possesses a firearms safety certificate;

 

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or guardian; or

 

(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied by a parent or guardian who possesses a small game license that was not obtained using an apprentice hunter validation; or

 

(3) (4) age 12 or under and is accompanied by a parent or guardian.

 

(b) A resident under age 16 may take small game by trapping without a small game license, but a resident 13 years of age or older must have a trapping license. A resident under age 13 may trap without a trapping license, but may not register fisher, otter, bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident under age five must be included in the limit of the accompanying parent or guardian.

 

(c) A resident under age 12 may apply for a turkey license and may take a turkey without a firearms safety certificate if the resident is accompanied by an adult parent or guardian who has a firearms safety certificate.


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Sec. 10. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:

 

Subd. 3a. Nonresidents under age 16 18; small game. (a) A nonresident under age 16 18 may obtain a small game license at the resident fee under section 97A.475, subdivision 2, clause (2), if the nonresident:

 

(1) possesses a firearms safety certificate; or

 

(2) if age 13 or under, is accompanied by a parent or guardian when purchasing the license.

 

(b) A nonresident age 13 or under must be accompanied by a parent or guardian to take small game. A nonresident age 12 or under is not required to possess a firearms safety certificate under section 97B.020 to take small game.

 

Sec. 11. Minnesota Statutes 2006, section 97A.465, is amended by adding a subdivision to read:

 

Subd. 1a. Spouses of residents on active military duty. Notwithstanding section 97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain resident hunting and fishing licenses.

 

Sec. 12. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read:

 

Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small game hunting license authorizes a person to hunt and trap small game in the state. The license authorizes those hunting and trapping activities authorized by the annual resident small game hunting license and trapping licenses. The license does not include a turkey stamp validation or any other hunting stamps required by law.

 

(b) The fees for a resident lifetime small game hunting license are:

 

(1) age 3 and under, $217;

 

(2) age 4 to age 15, $290;

 

(3) age 16 to age 50, $363; and

 

(4) age 51 and over, $213.

 

EFFECTIVE DATE. This section is effective the day following final enactment and applies retroactively to licenses issued after February 28, 2001.

 

Sec. 13. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read:

 

Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small game in the state. The license authorizes those activities authorized by the annual resident angling and, resident small game hunting, and resident trapping licenses. The license does not include a trout and salmon stamp validation, a turkey stamp validation, or any other hunting stamps required by law.

 

(b) The fees for a resident lifetime sporting license are:

 

(1) age 3 and under, $357;

 

(2) age 4 to age 15, $480;


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(3) age 16 to age 50, $613; and

 

(4) age 51 and over, $413.

 

EFFECTIVE DATE. This section is effective the day following final enactment and applies retroactively to licenses issued after February 28, 2001.

 

Sec. 14. Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:

 

Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents only, are:

 

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

 

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

 

(3) to take turkey, $18;

 

(4) for persons age 18 or over to take deer with firearms, $26;

 

(5) for persons age 18 or over to take deer by archery, $26;

 

(6) to take moose, for a party of not more than six persons, $310;

 

(7) to take bear, $38;

 

(8) to take elk, for a party of not more than two persons, $250;

 

(9) multizone license to take antlered deer in more than one zone, $52;

 

(10) to take Canada geese during a special season, $4;

 

(11) all season license to take two three deer throughout the state in any open deer season, except as restricted under section 97B.305, $78;

 

(12) to take prairie chickens, $20;

 

(13) for persons at least age 12 and under age 18 to take deer with firearms during the regular firearms season in any open zone or time period, $13; and

 

(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

 

Sec. 15. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:

 

Subd. 3. Nonresident hunting. Fees for the following licenses, to be issued to nonresidents, are:

 

(1) for persons age 18 and older to take small game, $73;

 

(2) for persons age 18 and older to take deer with firearms, $135;

 

(3) for persons age 18 and older to take deer by archery, the greater of:


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(i) an amount equal to the total amount of license fees and surcharges charged to a Minnesota resident to take deer by archery in the person's state or province of residence; or

 

(ii) $135;

 

(4) to take bear, $195;

 

(5) to take turkey, $73;

 

(6) to take raccoon, bobcat, fox, or coyote, $155;

 

(7) multizone license to take antlered deer in more than one zone, $270; and

 

(8) to take Canada geese during a special season, $4.;

 

(9) for persons at least age 12 and under age 18 to take deer with firearms during the regular firearms season in any open zone or time period, $13; and

 

(10) for persons at least age 12 and under age 18 to take deer by archery, $13.

 

Sec. 16. Minnesota Statutes 2006, section 97A.475, subdivision 6, is amended to read:

 

Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents only, are:

 

(1) to take fish by angling or by spearing from a dark house, $17;

 

(2) to take fish by angling, for a combined license for a married couple, $25; and

 

(3) to take fish by spearing from a dark house, $17; and

 

(4) to take fish by angling for a 24-hour period selected by the licensee, $8.50.

 

Sec. 17. Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:

 

Subd. 4. Storage of protected wild animals. A person that stores protected wild animals for others must plainly mark the package, in ink, with the name and address of the owner, the license number of the person taking the animal, and the number and species in the package. A person may not use a commercial cold storage warehouse for protected wild animals, except lawfully taken fish and furs.

 

Sec. 18. Minnesota Statutes 2006, section 97A.511, is amended to read:

 

97A.511 FUR-BEARING ANIMALS.

 

The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits and hares, legally taken and bearing the required seals or tags required by the game and fish laws, may be bought, sold, and transported at any time. The flesh of beaver, raccoon, rabbits, and hare may not be transported out of the state.

 

Sec. 19. Minnesota Statutes 2006, section 97B.015, is amended by adding a subdivision to read:

 

Subd. 5a. Exemption for military personnel. Notwithstanding subdivision 5, a person who has successfully completed basic training in the United States armed forces is exempt from the range and shooting exercise portion of the required course of instruction for the firearms safety certificate. The commissioner may require written proof of


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the person's military training, as deemed appropriate for implementing this subdivision. The commissioner shall publicly announce this exemption from the range and shooting exercise requirement and the availability of the department's online, remote study option for adults seeking firearms safety certification. Military personnel are not exempt from any other requirement of this section for obtaining a firearms safety certificate.

 

EFFECTIVE DATE. This section is effective the day following final enactment and applies to applications for certificates made on or after that date.

 

Sec. 20. Minnesota Statutes 2006, section 97B.020, is amended to read:

 

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

 

(a) Except as provided in this section and section 97A.451, subdivision 3a, a person born after December 31, 1979, may not obtain an annual license to take wild animals by firearms unless the person has:

 

(1) a firearms safety certificate or equivalent certificate;

 

(2) a driver's license or identification card with a valid firearms safety qualification indicator issued under section 171.07, subdivision 13;

 

(3) a previous hunting license with a valid firearms safety qualification indicator; or

 

(4) an apprentice hunter validation issued under section 97B.022; or

 

(4) (5) other evidence indicating that the person has completed in this state or in another state a hunter safety course recognized by the department under a reciprocity agreement or certified by the department as substantially similar.

 

(b) A person who is on active duty and has successfully completed basic training in the United States armed forces, reserve component, or National Guard may obtain a hunting license or approval authorizing hunting regardless of whether the person is issued a firearms safety certificate.

 

(c) A person born after December 31, 1979, may not use a lifetime license to take wild animals by firearms, unless the person meets the requirements for obtaining an annual license under paragraph (a) or (b).

 

Sec. 21. [97B.022] APPRENTICE HUNTER VALIDATION.

 

Subdivision 1. Definition. For the purpose of this section, "accompanied" means to stay within a distance of another person that permits uninterrupted visual contact and unaided verbal communication.

 

Subd. 2. Apprentice hunter validation requirements. A resident born after December 31, 1979, who is age 12 or older and who does not possess a firearms safety certificate may be issued an apprentice hunter validation. An apprentice hunter validation is valid for only one license year in a lifetime. An individual in possession of an apprentice hunter validation may hunt small game and deer only when accompanied by an adult licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter validation. An apprentice hunter validation holder must obtain all required licenses and stamps.

 

Sec. 22. Minnesota Statutes 2006, section 97B.031, subdivision 1, is amended to read:

 

Subdivision 1. Firearms and ammunition that may be used to take big game. (a) A person may take big game with a firearm only if:

 

(1) the rifle, shotgun, and handgun used is a caliber of at least .23 inches;


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(2) the firearm is loaded only with single projectile ammunition;

 

(3) a projectile used is a caliber of at least .23 inches and has a soft point or is an expanding bullet type;

 

(4) the ammunition has a case length of at least 1.285 inches;

 

(5) the muzzle-loader used is incapable of being loaded at the breech;

 

(6) the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and

 

(7) the rifled muzzle-loader used is a caliber of at least .40 inches.

 

(b) Notwithstanding paragraph (a), clause (4), a person may take big game with a ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum cartridge, or a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 Spencer, or 56-56 Spencer cartridge.

 

Sec. 23. Minnesota Statutes 2006, section 97B.035, is amended by adding a subdivision to read:

 

Subd. 1a. Minimum draw weight. A bow used to take big game must have a pull that meets or exceeds 30 pounds at or before full draw.

 

Sec. 24. Minnesota Statutes 2006, section 97B.075, is amended to read:

 

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

 

(a) A person may not take protected wild animals, except raccoon and fox, with a firearm between the evening and morning times established by commissioner's rule, except as provided in this section.

 

(b) Big game may be taken from one-half hour before sunrise until one-half hour after sunset.

 

(c) Except as otherwise prescribed by the commissioner on or before the Saturday nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset during the entire season prescribed by the commissioner. On the opening day of the duck season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

 

Sec. 25. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:

 

Subd. 3. Communication excepted. This section does not prohibit the use of:

 

(1) one-way radio communication between a handler and a dog.; or

 

(2) a remote-controlled animal noise caller used for fox and coyote.

 

Sec. 26. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:

 

Subd. 7. All season deer license. (a) A resident may obtain an all season deer license that authorizes the resident to hunt during the archery, regular firearms, and muzzle-loader seasons. The all season license is valid for taking three deer, no more than one of which may be a legal buck.

 

(b) The all season deer license is valid for taking antlerless deer as follows:


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(1) up to two antlerless deer may be taken during the archery or muzzle-loader seasons in any open area or during the regular firearms season in managed or intensive deer areas; and

 

(2) one antlerless deer may be taken during the regular firearms season in a lottery deer area, only with an either-sex permit or statutory exemption from an either-sex permit. prescribed by the commissioner.

 

(c) The commissioner shall issue three tags when issuing a license under this subdivision.

 

Sec. 27. Minnesota Statutes 2006, section 97B.311, is amended to read:

 

97B.311 DEER SEASONS AND RESTRICTIONS.

 

(a) The commissioner may, by rule, prescribe restrictions and designate areas where deer may be taken, including hunter selection criteria for special hunts established under section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open seasons for deer within the following periods:

 

(1) taking with firearms, other than muzzle-loading firearms, between November 1 and December 15;

 

(2) taking with muzzle-loading firearms between September 1 and December 31; and

 

(3) taking by archery between September 1 and December 31.

 

(b) Notwithstanding paragraph (a), the commissioner may establish special seasons within designated areas at any time of year.

 

(c) Smokeless gunpowder may not be used in a muzzle-loader during the muzzle-loader season.

 

Sec. 28. Minnesota Statutes 2006, section 97B.318, subdivision 1, is amended to read:

 

Subdivision 1. Shotgun use area. During the regular firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the state lying within the following described boundary: Beginning on the west boundary of the state at U.S. Highway 10; thence along U.S. Highway 10 the northern boundary of Clay County; thence along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence along the east, south, and west boundaries of the state to the point of beginning.

 

Sec. 29. Minnesota Statutes 2006, section 97B.327, is amended to read:

 

97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.

 

A hunter legally taking a deer that is not a white-tailed or mule deer must report the type of deer taken to the commissioner of natural resources within seven days of taking. Violation of this section shall not result in a penalty and is not subject to section 97A.301 will result in a civil penalty of $100.


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Sec. 30. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:

 

Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person required to possess a small game license may not hunt pheasants without:

 

(1) a pheasant stamp in possession; and

 

(2) a pheasant stamp validation on the small game license when issued electronically.

 

(b) The following persons are exempt from this subdivision:

 

(1) residents under age 18 or over age 65;

 

(2) persons hunting on licensed commercial shooting preserves; and

 

(3) resident disabled veterans with a license issued under section 97A.441, subdivision 6a.

 

Sec. 31. Minnesota Statutes 2006, section 97B.801, is amended to read:

 

97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

 

(a) Except as provided in this section or section 97A.405, subdivision 2, a person required to possess a small game license may not take migratory waterfowl without:

 

(1) a Minnesota migratory waterfowl stamp in possession; and

 

(2) a migratory waterfowl stamp validation on the small game license when issued electronically.

 

(b) Residents under age 18 or over age 65; resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and persons hunting on their own property are not required to possess a stamp or a license validation under this section.

 

Sec. 32. Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:

 

Subdivision 1. Information required. (a) A person may not set or place a trap or snare, other than on property owned or occupied by the person, unless the following information is affixed to the trap or snare in a manner that ensures that the information remains legible while the trap or snare is on the lands or waters:

 

(1) the number and state of the person's driver's license;

 

(2) the person's Minnesota identification card number; or

 

(3) the person's name and mailing address.; or

 

(4) the license identification number issued by the Department of Natural Resources.

 

(b) The commissioner may not prescribe additional requirements for identification of traps or snares.

 

(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), may be the person's previously issued Minnesota driver's license number.


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Sec. 33. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:

 

Subd. 3. Contests requiring a permit. (a) A person must have a permit from the commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. Permits shall be issued without a fee. The commissioner shall charge a fee for the permit that recovers the costs of issuing the permit and monitoring the activities allowed by the permit. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish contest permit fees. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

(b) If entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:

 

(1) not previously conducted a fishing contest requiring a permit under this subdivision; or

 

(2) ever failed to make required prize awards in a fishing contest conducted by the applicant, the commissioner may require the applicant to furnish the commissioner evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000.

 

Sec. 34. Minnesota Statutes 2006, section 97C.325, is amended to read:

 

97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.

 

(a) Except as specifically authorized, a person may not take fish with:

 

(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or other similar substances;

 

(2) substances or devices that kill, stun, or affect the nervous system of fish;

 

(3) nets, traps, trot lines, or snares; or

 

(4) spring devices that impale, hook, or capture fish.

 

(b) If a person possesses a substance or device listed in paragraph (a) on waters, shores, or islands, it is presumptive evidence that the person is in violation of this section.

 

(c) The commissioner may, by rule, allow the use of a nonmotorized device with a recoil mechanism to take fish through the ice.

 

(d) To protect water quality or improve habitat for fish or wildlife, the commissioner may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of water.

 

Sec. 35. Minnesota Statutes 2006, section 97C.335, is amended to read:

 

97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.

 

A person may not use artificial lights to lure or attract fish or to see fish in the water while spearing, except that while angling or spearing, a person may:

 

(1) affix to the end of a fishing line a lighted artificial bait with hooks attached to the end of a fishing line; or

 

(2) use a lighted decoy for spearing.

 

Any battery that is used in lighted fishing lures cannot contain any intentionally introduced mercury.


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Sec. 36. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:

 

Subd. 8. Confiscation of unlawful structures; civil penalty. (a) Structures on the ice in violation of this section may be confiscated and disposed of, retained by the division, or sold at the highest price obtainable, in a manner prescribed by the commissioner.

 

(b) In addition to other penalties provided by law, the owner of a structure left on the ice in violation of this section is subject to a civil penalty under section 115A.99.

 

Sec. 37. Minnesota Statutes 2006, section 97C.371, is amended by adding a subdivision to read:

 

Subd. 5. Sucker season. Notwithstanding any other law to the contrary, the commissioner may allow spearing and dip netting of sucker before May 1 when weather conditions warrant it and the earlier season would not interfere with spawning of other fish. The commissioner must post notice of the earlier spring opening by both print and electronic means. Regional fisheries chiefs in any of the department's regions may recommend the earlier spring opening for sucker spearing and dip netting to the commissioner.

 

Sec. 38. [97C.417] REPORTING ASIAN CARP.

 

A person who takes any of the following Asian carp species must report the type of carp taken to the commissioner within seven days of taking:

 

(1) grass carp (Ctenopharyngodon idella);

 

(2) bighead carp (Hypophthalmichthys nobilis); or

 

(3) silver carp (Hypophthalmichthys molitrix).

 

Sec. 39. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:

 

Subdivision 1. Commercial fishing license for Lake Superior. (a) A license to fish commercially in Lake Superior shall be issued to a maximum of 50 25 residents. To qualify for licensing, a resident must have landed fish in the previous year with a value of at least $1,500, and must have engaged in commercial fishing for at least 30 days of the previous year. An applicant may be issued a license, at the discretion of the commissioner, if failure to meet the requirements for the dollar value of fish landed or number of days fished resulted from illness or other mitigating circumstances, or the applicant has reached the age of 65 and has been licensed at least five of the previous ten years.

 

(b) A license may be issued to a resident who has not previously fished commercially on Lake Superior and has not been convicted of a game and fish law violation in the preceding three years, if the applicant:

 

(1) shows a bill of sale indicating the purchase of gear and facilities connected with an existing license;

 

(2) shows proof of inheritance of all the gear and facilities connected with an existing license; or

 

(3) has served at least two years as an apprentice in a Minnesota Lake Superior licensed commercial fishing operation.


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Sec. 40. Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to read:

 

Subd. 2. Types of fish permitted. Lake trout, ciscoes, chubs, alewives, lake whitefish, round whitefish, pygmy whitefish, rainbow smelt, and rough fish may be taken by licensed commercial fishing operators from Lake Superior, in accordance with this section.

 

Sec. 41. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:

 

Subd. 3. Pound nets and trap nets. Pound or trap nets may be used to take lake whitefish, round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and rough fish in Lake Superior, including St. Louis Bay east of the U.S. Highway 53 bridge, under the rules prescribed by the commissioner.

 

Sec. 42. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:

 

Subd. 8. Special permits. The commissioner may issue special permits to duly licensed commercial fishing operators not exceeding 20 in number, for the purpose of taking lake trout, ciscoes, and lake whitefish spawn during the closed season for the propagation of trout in Lake Superior and adjacent waters under rules prescribed by the commissioner.

 

Sec. 43. [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED ASSESSMENT HARVEST.

 

The commissioner shall provide for taking of lake trout by licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale. The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2 beginning in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect the lake trout population or to manage the effects of invasive species or fish disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1 to September 30, but may end earlier in the respective zones if the quotas are reached. The quotas must be reassessed at the expiration of the current ten-year Fisheries Management Plan for the Minnesota Waters of Lake Superior dated September 2006.

 

Sec. 44. RULE AMENDMENTS.

 

The commissioner of natural resources may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform to sections 39 to 43. Minnesota Statutes, section 14.386, does not apply to the rulemaking under this section except to the extent provided under Minnesota Statutes, section 14.388.

 

Sec. 45. LAKE TROUT REPORT.

 

By February 1, 2008, the commissioner of natural resources must review and report to the legislative policy committees with jurisdiction over natural resources on the pros and cons of changing the winter lake trout season so that it would be open from the Saturday nearest January 1 to March 31.

 

Sec. 46. ACCESS TO MINNESOTA OUTDOORS PLAN.

 

Subdivision 1. Walk-in access plan. (a) The commissioner of natural resources shall prepare a plan for a walk-in public access program under which the commissioner may encourage owners and operators of privately held land to voluntarily make that land available for walk-in access by the public for hunting and fishing under programs administered by the commissioner.


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(b) As part of the plan, the commissioner shall explore entering into contracts with the owners or lessees of land to establish voluntary walk-in public access for hunting, fishing, or other wildlife-dependent recreational activities.

 

(c) In the plan, the commissioner must describe:

 

(1) the costs and benefits that private land access will provide the public, such as hunting, fishing, bird watching, and related outdoor activities; and

 

(2) the types of game, fish, and wildlife habitat improvements made to the land that will enhance public uses.

 

(d) The commissioner shall explore the effectiveness and public and private cost of walk-in public access programs in other states and recommend walk-in program options for public access to private lands for hunting, fishing, and related recreational activities.

 

Subd. 2. Other law. Nothing in the plan may preempt trespass and liability laws. Recommendations submitted by the commissioner of natural resources under subdivision 3 shall include any changes to Minnesota Statutes, sections 604A.20 to 604A.27, necessary to ensure that landowners are not exposed to additional liability as a result of the walk-in access program.

 

Subd. 3. Report. The commissioner must present the walk-in public access plan to the house and senate committees with jurisdiction over natural resources policy and finance, with recommendations on program implementation, by January 15, 2008.

 

Sec. 47. COCK PHEASANT BAG LIMIT; RULEMAKING.

 

The commissioner of natural resources shall amend Minnesota Rules, part 6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day after the 16th day of the pheasant season. The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.

 

Sec. 48. CROSSBOW DEER SEASON.

 

Notwithstanding Minnesota Statutes, section 97B.035, or other law to the contrary, the commissioner of natural resources shall establish an open season for taking deer by crossbow during the regular firearm or muzzleloader season from November 1 to December 15 each year. The commissioner may adopt exempt rules regulating the crossbow deer season according to Minnesota Statutes, section 14.386. Notwithstanding Minnesota Statutes, section 14.386, a rule adopted under this section is effective until January 1, 2009.

 

EFFECTIVE DATE. This section is effective the day following final enactment and expires January 1, 2009.

 

Sec. 49. CROSSBOW SEASON REPORT.

 

By February 1, 2009, the commissioner of natural resources shall submit a report to the chairs of the house and senate committees having jurisdiction over natural resources that includes the number of crossbow deer season licenses issued under section 48 and addresses whether there was an increase in poaching or other hunting problems during the time a crossbow deer season was permitted.


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Sec. 50. REPEALER.

 

Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.301, subdivision 3; and 97C.365, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to game and fish; modifying definitions; providing for and modifying certain fees; modifying provisions for taking animals causing damage; modifying license and stamp provisions; modifying certain possession and taking restrictions; providing for an apprentice hunter validation; modifying commercial fishing provisions; providing for a crossbow deer season; requiring reports; requiring rulemaking; providing criminal and civil penalties; amending Minnesota Statutes 2006, sections 97A.015, subdivision 24, by adding a subdivision; 97A.045, by adding a subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.421, by adding a subdivision; 97A.441, subdivision 7; 97A.451, subdivisions 3, 3a; 97A.465, by adding a subdivision; 97A.473, subdivisions 3, 5; 97A.475, subdivisions 2, 3, 6; 97A.505, subdivision 4; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1; 97B.035, by adding a subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, subdivision 7; 97B.311; 97B.318, subdivision 1; 97B.327; 97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.081, subdivision 3; 97C.325; 97C.335; 97C.355, subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions 1, 2, 3, 8; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.301, subdivision 3; 97C.365."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Labor to which was referred:

 

H. F. No. 1190, A bill for an act relating to occupations; establishing the Plumbing Council; proposing coding for new law in Minnesota Statutes, chapter 326.

 

Reported the same back with the following amendments:

 

Page 1, line 5, delete "COUNCIL" and insert "BOARD"

 

Page 1, line 6, delete "Council" and insert "Board"

 

Page 2, lines 8, 10, 14, 21, 27, 28, 29, 31, 32, 33, and 35, delete "council" and insert "board"

 

Page 2, line 34, delete everything before "shall" and insert "under this provision" and delete "council" and insert "board"

 

Amend the title as follows:

 

Page 1, line 2, delete "Council" and insert "Board"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

 

      The report was adopted.


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Atkins from the Committee on Commerce and Labor to which was referred:

 

H. F. No. 1208, A bill for an act relating to state government; changing provisions for construction codes and licensing provisions; providing penalties and enforcement; instructing the revisor to renumber certain statutory sections; appropriating money; amending Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 299F.011, subdivision 1; 299M.02; 299M.04; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9, by adding subdivisions; 326.241, subdivision 2; 326.242; 326.243; 326.244, subdivisions 1, 1a, 5, 6, by adding a subdivision; 326.2441; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.41; 326.42; 326.46; 326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; proposing coding for new law in Minnesota Statutes, chapters 326; 327B; proposing coding for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 299M.02; 326.01, subdivisions 4, 6h, 10, 11, 12, 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

REVISOR'S INSTRUCTION

 

Section 1. REVISOR'S INSTRUCTION.

 

(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall change the terms "board" and "Board of Electricity" to "commissioner."

 

(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall change the terms "commissioner" and "commissioner of health" to the term "commissioner of labor and industry"; and shall change the terms "department" and "Department of Health" to "Department of Labor and Industry."


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(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 1346, 1350, 1360, and 7672, the revisor of statutes shall:

 

(1) change the term "commissioner of administration" to "commissioner of labor and industry";

 

(2) change the term "Department of Administration" to "Department of Labor and Industry";

 

(3) change the term "Department of Administration's Building Codes and Standards Division" to "Department of Labor and Industry"; and

 

(4) change the term "director of the Building Codes and Standards Division of the Department of Administration" to "individual appointed by the commissioner of labor and industry to administer the code."

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

ARTICLE 2

 

CONSTRUCTION CODES AND LICENSING

 

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

 

Subdivision 1. State Fire Code rulemaking authority. The commissioner of public safety through the Division of Fire Marshal may promulgate labor and industry, consistent with the recommendations of the state fire marshal, shall adopt a State Fire Code and make amendments thereto in accordance with the Administrative Procedure Act in chapter 14. The code and its amendments shall conform insofar as practicable to model fire codes generally accepted and in use throughout the United States, with consideration given to existing statewide specialty codes presently in use in the state of Minnesota. Statewide specialty codes and model codes with necessary modifications may be adopted by reference in accordance with section 14.07, subdivision 4.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 2. [326B.01] DEFINITIONS.

 

Subdivision 1. Scope. The definitions in this section apply to chapter 326B.

 

Subd. 2. ASME. "ASME" means the American Society of Mechanical Engineers.

 

Subd. 3. Commissioner. "Commissioner" means the commissioner of labor and industry or a duly designated representative of the commissioner who is either an employee of the Department of Labor and Industry or a person working under contract with the department.

 

Subd. 4. Department. "Department" means the Department of Labor and Industry.

 

Subd. 5. Day. "Day" means calendar day unless otherwise provided.

 

Subd. 6. Individual. "Individual" means a human being.

 

Subd. 7. Person. "Person" means any individual, limited liability company, corporation, partnership, incorporated or unincorporated association, sole proprietorship, joint stock company, or any other legal or commercial entity.

 

EFFECTIVE DATE. This section is effective the day following final enactment.


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Sec. 3. [326B.02] POWERS.

 

Subdivision 1. Transfer of responsibilities. The responsibilities of the commissioner of administration relating to the state building code, sections 16B.59 to 16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory warranties in connection with the sale of dwellings and home improvement work, chapter 327A, are transferred under section 15.039 to the commissioner of labor and industry as amended and recodified in this chapter. The responsibilities of the commissioner of health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and industry as amended and recodified in this chapter. The responsibilities of the commissioner of commerce relating to residential contractors, residential remodelers, residential roofers, manufactured home installers, and the contractor's recovery fund under sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of labor and industry as amended and recodified in this chapter. The responsibilities of the Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and industry as amended and recodified in this chapter.

 

Subd. 2. Definition of responsibilities. For purposes of subdivision 1, responsibilities include powers, duties, rights, obligations, and other authority imposed by law on the commissioner and the department.

 

Subd. 3. State fire marshal cooperation. The state fire marshal shall work with the commissioner to improve the delivery of services to the public through the coordination of services and utilization of technology.

 

Subd. 4. General rulemaking authority. The commissioner may, under the rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, amend, suspend, and repeal rules relating to the commissioner's responsibilities under this chapter.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 4. [326B.04] DEPOSIT OF MONEY.

 

Subdivision 1. Construction code fund. There is created in the state treasury a construction code fund as a special revenue fund for the purpose of administering this chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those sections, except penalties, are credited to the construction code fund unless otherwise specifically designated by law. Any interest or profit accruing from investment of these sums is credited to the construction code fund. All money collected in the construction code fund is appropriated to the commissioner to administer and enforce the provisions of these laws.

 

Unless otherwise provided by law, all penalties assessed under this chapter, section 327.35, and chapter 327B are credited to the assigned risk safety account established by section 79.253.

 

Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state government special revenue fund and special revenue fund accounts maintained for the Building Codes and Standards Division, Board of Electricity, and plumbing and engineering unit are transferred to the construction code fund. Unless otherwise specifically designated by law: (1) all money collected under chapter 183 and sections 16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, is credited to the construction code fund; (2) all fees collected under section 45.23 in connection with continuing education for residential contractors, residential remodelers, and residential roofers are


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credited to the construction code fund; and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned risk safety account established by section 79.253.

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 5. [326B.06] BONDS.

 

Bonds issued under this chapter are not state bonds or contracts for purposes of sections 8.05 and 16C.05, subdivision 2.

 

Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.

 

The commissioner shall not be subject to subpoena for purposes of providing expert testimony or for purposes of providing testimony or documents, as that term is defined in section 326B.081, subdivision 4, about an investigation or inspection conducted by the commissioner, except in an enforcement proceeding brought by the commissioner.

 

ARTICLE 3

 

ENFORCEMENT

 

Section 1. [326B.081] DEFINITIONS.

 

Subdivision 1. Application. For purposes of sections 326B.081 to 326B.085, the terms defined in this section have the meanings given them.

 

Subd. 2. Administrative order. "Administrative order" means an order issued under section 326B.082, subdivision 7.

 

Subd. 3. Applicable law. "Applicable law" means the provisions of sections 326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted, issued, or enforced by the department under sections 326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.

 

Subd. 4. Document or documents. "Document" or "documents" includes papers; books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars maintained in any form or manner.

 

Subd. 5. Final. "Final" when used to describe any order issued under section 326B.082 means that:

 

(1) no request for hearing in connection with the order was filed in the manner and within the time provided by section 326B.082;

 

(2) all requests for hearing have been withdrawn;

 

(3) an agreement that resolves the order has been signed by all the parties; or

 

(4) after the filing of a request for hearing, an order has been issued by the commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been pursued or forgone.


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Subd. 6. Licensing order. "Licensing order" means an order issued under section 326B.082, subdivision 12, paragraph (a).

 

Subd. 7. Minimum qualifications. "Minimum qualifications" means the educational, experience, fee, examination, application, and other eligibility requirements that an applicant must meet in order to obtain a license, registration, certificate, or permit under the applicable law. For an applicant that is not an individual, the minimum qualifications include the requirement that an employee or other individual associated with the applicant hold a license.

 

Subd. 8. Stop order. "Stop order" means an order issued under section 326B.082, subdivision 10.

 

Sec. 2. [326B.082] ENFORCEMENT.

 

Subdivision 1. Remedies available. The commissioner may enforce all applicable law under this section. The commissioner may use any enforcement provision in this section, including the assessment of monetary penalties, against a person required to have a license, registration, certificate, or permit under the applicable law based on conduct that would provide grounds for action against a licensee, registrant, certificate holder, or permit holder under the applicable law. The use of an enforcement provision in this section shall not preclude the use of any other enforcement provision in this section or otherwise provided by law.

 

Subd. 2. Access to information and property; subpoenas. (a) In order to carry out the purposes of the applicable law, the commissioner may:

 

(1) administer oaths and affirmations, certify official acts, interview, question, take oral or written statements, and take depositions;

 

(2) request, examine, take possession of, test, sample, measure, photograph, record, and copy any documents, apparatus, devices, equipment, or materials;

 

(3) at a time and place indicated by the commissioner, request persons to appear before the commissioner to give testimony and produce documents, apparatus, devices, equipment, or materials;

 

(4) issue subpoenas to compel persons to appear before the commissioner to give testimony and produce documents, apparatus, devices, equipment, or materials; and

 

(5) with or without notice, enter without delay upon any property, public or private, for the purpose of taking any action authorized under this subdivision or the applicable law, including obtaining information, remedying violations, or conducting surveys, inspections, or investigations.

 

(b) Persons requested by the commissioner to give testimony or produce documents, apparatus, devices, equipment, or materials shall respond within the time and in the manner specified by the commissioner. If no time to respond is specified in the request, then a response shall be submitted within 30 days of the commissioner's service of the request.

 

(c) Upon the refusal or anticipated refusal of a property owner, lessee, property owner's representative, or lessee's representative to permit the commissioner's entry onto property as provided in paragraph (a), the commissioner may apply for an administrative inspection order in the Ramsey County District Court or, at the commissioner's discretion, in the district court in the county in which the property is located. The commissioner may anticipate that a property owner or lessee will refuse entry if the property owner, lessee, property owner's representative, or lessee's representative has refused to permit entry on a prior occasion or has informed the commissioner that entry will be refused. Upon showing of administrative probable cause by the commissioner, the district court shall issue an administrative inspection order that compels the property owner or lessee to permit the commissioner to enter the property for the purposes specified in paragraph (a).


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(d) Upon the application of the commissioner, a district court shall treat the failure of any person to obey a subpoena lawfully issued by the commissioner under this subdivision as a contempt of court.

 

Subd. 3. Service. Unless otherwise specified, service of a document on a person under this section or section 326B.083 may be by mail, by personal service, or in accordance with any consent to service filed with the commissioner. Service by mail shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 3.

 

Subd. 4. Fax transmission. When this section or section 326B.083 permits a request for reconsideration or request for hearing to be served by fax on the commissioner, the fax shall not exceed 15 pages in length. The request shall be considered timely served if the fax is received by the commissioner, at the fax number identified by the commissioner in the order or notice of violation, no later than 4:30 p.m. central time on the last day permitted for faxing the request. Where the quality or authenticity of the faxed request is at issue, the commissioner may require the original request to be filed. Where the commissioner has not identified quality or authenticity of the faxed request as an issue and the request has been faxed in accordance with this subdivision, the person faxing the request does not need to file the original request with the commissioner.

 

Subd. 5. Time computation. In computing any period of time prescribed or allowed by this section, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the next day which is not a Saturday, Sunday, or legal holiday.

 

Subd. 6. Notices of violation. (a) The commissioner may issue a notice of violation to any person who the commissioner determines has committed a violation of the applicable law. The notice of violation must state a summary of the facts that constitute the violation and the applicable law violated. The notice of violation may require the person to correct the violation. If correction is required, the notice of violation must state the deadline by which the violation must be corrected.

 

(b) The commissioner shall issue the notice of violation by:

 

(1) serving the notice of violation on the property owner or on the person who committed the violation; or

 

(2) posting the notice of violation at the location where the violation occurred.

 

(c) If the person to whom the commissioner has issued the notice of violation believes the notice was issued in error, then the person may request reconsideration of the parts of the notice that the person believes are in error. The request for reconsideration must be in writing and must be served on or faxed to the commissioner at the address or fax number specified in the notice of violation by the tenth day after the commissioner issued the notice of violation. The date on which a request for reconsideration is served by mail shall be the postmark date on the envelope in which the request for reconsideration is mailed. If the person does not serve or fax a written request for reconsideration or if the person's written request for reconsideration is not served on or faxed to the commissioner by the tenth day after the commissioner issued the notice of violation, the notice of violation shall become a final order of the commissioner and will not be subject to review by any court or agency. The request for reconsideration must:

 

(1) specify which parts of the notice of violation the person believes are in error;

 

(2) explain why the person believes the parts are in error; and

 

(3) provide documentation to support the request for reconsideration.


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The commissioner shall respond in writing to requests for reconsideration made under this paragraph within 15 days after receiving the request. A request for reconsideration does not stay a requirement to correct a violation as set forth in the notice of violation. After reviewing the request for reconsideration, the commissioner may affirm, modify, or rescind the notice of violation. The commissioner's response to a request for reconsideration is final and shall not be reviewed by any court or agency.

 

Subd. 7. Administrative orders; correction; assessment of monetary penalties. (a) The commissioner may issue an administrative order to any person who the commissioner determines has committed a violation of the applicable law. The commissioner shall issue the administrative order by serving the administrative order on the person. The administrative order may require the person to correct the violation, may require the person to cease and desist from committing the violation, and may assess monetary penalties. The commissioner shall follow the procedures in section 326B.083 when issuing administrative orders. Except as provided in paragraph (b), the commissioner may issue to each person a monetary penalty of up to $10,000 for each violation of applicable law committed by the person. The commissioner may order that part or all of the monetary penalty will be forgiven if the person to whom the order is issued demonstrates to the commissioner by the 31st day after the order is issued that the person has corrected the violation or has developed a correction plan acceptable to the commissioner.

 

(b) The commissioner may issue an administrative order for failure to correct a violation by the deadline stated in a final administrative order issued under paragraph (a). Each day after the deadline during which the violation remains uncorrected is a separate violation for purposes of calculating the maximum monetary penalty amount.

 

(c) Upon the application of the commissioner, a district court shall find the failure of any person to correct a violation as required by a final administrative order issued by the commissioner under this subdivision as a contempt of court.

 

Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the commissioner issues an administrative order or within 20 days after the commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person to whom the administrative order or notice is issued may request an expedited hearing to review the commissioner's order or notice. The request for hearing must be in writing and must be served on or faxed to the commissioner at the address or fax number specified in the order or notice. If the person does not request a hearing or if the person's written request for hearing is not served on or faxed to the commissioner by the 30th day after the commissioner issues the administrative order or the 20th day after the commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the order will become a final order of the commissioner and will not be subject to review by any court or agency. The date on which a request for hearing is served by mail shall be the postmark date on the envelope in which the request for hearing is mailed. The hearing request must specifically state the reasons for seeking review of the order or notice. The person to whom the order or notice is issued and the commissioner are the parties to the expedited hearing. The commissioner must notify the person to whom the order or notice is issued of the time and place of the hearing at least 15 days before the hearing. The expedited hearing must be held within 45 days after a request for hearing has been served on the commissioner unless the parties agree to a later date.

 

(b) All written arguments must be submitted within ten days following the close of the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in consultation with the agency, adopt rules specifically applicable to cases under this section.

 

(c) The administrative law judge shall issue a report making findings of fact, conclusions of law, and a recommended order to the commissioner within 30 days following the close of the record.


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(d) If the administrative law judge makes a finding that the hearing was requested solely for purposes of delay or that the hearing request was frivolous, the commissioner may add to the amount of the penalty the costs charged to the department by the Office of Administrative Hearings for the hearing.

 

(e) If a hearing has been held, the commissioner shall not issue a final order until at least five days after the date of the administrative law judge's report. Any person aggrieved by the administrative law judge's report may, within those five days, serve written comments to the commissioner on the report and the commissioner shall consider the comments. The commissioner's final order may be appealed in the manner provided in sections 14.63 to 14.69.

 

Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the commissioner may bring an action for injunctive relief in the Ramsey County District Court or, at the commissioner's discretion, in the district court in the county in which the commissioner has determined a violation of the applicable law has occurred or is about to occur to enjoin the violation. A temporary restraining order and other injunctive relief shall be granted by the district court if the court determines that a person has engaged in or is about to engage in an act, conduct, or practice constituting a violation of the applicable law. The commissioner shall not be required to show irreparable harm.

 

Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection or investigation that a person has violated or is about to violate the applicable law, the commissioner may issue to the person a stop order requiring the person to cease and desist from committing the violation.

 

(b) If the commissioner determines that a condition exists on real property that violates the applicable law, the commissioner may issue a stop order to the owner or lessee of the real property to cease and desist from committing the violation and to correct the condition that is in violation.

 

(c) The commissioner shall issue the stop work order by:

 

(1) serving the order on the person who has committed or is about to commit the violation;

 

(2) posting the order at the location where the violation was committed or is about to be committed or at the location where the violating condition exists; or

 

(3) serving the order on any owner or lessee of the real property where the violating condition exists.

 

(d) A stop order shall:

 

(1) describe the act, conduct, or practice committed or about to be committed, or the condition, and include a reference to the applicable law that the act, conduct, practice, or condition violates or would violate; and

 

(2) provide notice that any person aggrieved by the stop order may request a hearing as provided in paragraph (e).

 

(e) Within 30 days after the commissioner issues a stop order, any person aggrieved by the order may request an expedited hearing to review the commissioner's action. The request for hearing must be made in writing and must be served on or faxed to the commissioner at the address or fax number specified in the order. If the person does not request a hearing or if the person's written request for hearing is not served on or faxed to the commissioner on or before the 30th day after the commissioner issued the stop order, the order will become a final order of the commissioner and will not be subject to review by any court or agency. The date on which a request for hearing is served by mail is the postmark date on the envelope in which the request for hearing is mailed. The hearing request must specifically state the reasons for seeking review of the order. The person who requested the hearing and the commissioner are the parties to the expedited hearing. The hearing shall be commenced within ten days after the commissioner receives the request for hearing. The hearing shall be conducted under Minnesota Rules, parts


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1400.8510 to 1400.8612, as modified by this subdivision. The administrative law judge shall issue a report containing findings of fact, conclusions of law, and a recommended order within ten days after the conclusion of the hearing. Any party aggrieved by the administrative law judge's report shall have five days after the date of the administrative law judge's report to submit exceptions and argument to the commissioner. Within 15 days after receiving the administrative law judge's report, the commissioner shall issue an order vacating, modifying, or making permanent the stop order. The commissioner and the person requesting the hearing may by agreement lengthen any time periods described in this paragraph. The Office of Administrative Hearings may, in consultation with the agency, adopt rules specifically applicable to cases under this subdivision.

 

(f) A stop order issued under this subdivision shall be in effect until it is modified or vacated by the commissioner or an appellate court. The administrative hearing provided by this subdivision and any appellate judicial review as provided in chapter 14 shall constitute the exclusive remedy for any person aggrieved by a stop order.

 

(g) Upon the application of the commissioner, a district court shall find the failure of any person to comply with a final stop order lawfully issued by the commissioner under this subdivision as a contempt of court.

 

Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may deny an application for a permit, license, registration, or certificate if the applicant does not meet or fails to maintain the minimum qualifications for holding the permit, license, registration, or certificate, or has any unresolved violations or unpaid fees or monetary penalties related to the activity for which the permit, license, registration, or certificate has been applied for or was issued.

 

(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a person's permit, license, registration, or certificate, or censure the person holding the permit, license, registration, or certificate, if the commissioner finds that the person:

 

(1) committed one or more violations of the applicable law;

 

(2) submitted false or misleading information to the state in connection with activities for which the permit, license, registration, or certificate was issued, or in connection with the application for the permit, license, registration, or certificate;

 

(3) allowed the alteration or use of the person's own permit, license, registration, or certificate by another person;

 

(4) within the previous five years, was convicted of a crime in connection with activities for which the permit, license, registration, or certificate was issued;

 

(5) violated a final administrative order issued under subdivision 7 or a final stop order issued under subdivision 10, or injunctive relief issued under subdivision 9;

 

(6) failed to cooperate with a commissioner's request to give testimony, to produce documents, things, apparatus, devices, equipment, or materials, or to access property under subdivision 2;

 

(7) retaliated in any manner against any employee or person who is questioned by, cooperates with, or provides information to the commissioner or an employee or agent authorized by the commissioner who seeks access to property or things under subdivision 2;

 

(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or


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(9) performed work in connection with the permit, license, registration, or certificate or conducted the person's affairs in a manner that demonstrates incompetence, untrustworthiness, or financial irresponsibility.

 

(c) If the commissioner revokes a person's permit, license, registration, or certificate under paragraph (b), the person is prohibited from reapplying for the same type of permit, license, registration, or certificate for at least two years after the effective date of the revocation. The commissioner may, as a condition of reapplication, require the person to obtain a bond or comply with additional reasonable conditions the commissioner considers necessary to protect the public.

 

(d) If a permit, license, registration, or certificate expires, or is surrendered, withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may institute a proceeding under this subdivision within two years after the permit, license, registration, or certificate was last effective and enter a revocation or suspension order as of the last date on which the permit, license, registration, or certificate was in effect.

 

Subd. 12. Issuance of licensing orders; hearings related to licensing orders. (a) If the commissioner determines that a permit, license, registration, or certificate should be conditioned, limited, suspended, revoked, or denied under subdivision 11, or that the permit holder, licensee, registrant, or certificate holder should be censured under subdivision 11, then the commissioner shall issue to the person an order denying, conditioning, limiting, suspending, or revoking the person's permit, license, registration, or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.

 

(b) Any order issued under paragraph (a) may include an assessment of monetary penalties and may require the person to cease and desist from committing the violation or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The monetary penalty may be up to $10,000 for each violation or act, conduct, or practice committed by the person. The procedures in section 326B.083 must be followed when issuing orders under paragraph (a).

 

(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom the commissioner issues an order under paragraph (a) shall have 30 days after service of the order to request a hearing. The request for hearing must be in writing and must be served on or faxed to the commissioner at the address or fax number specified in the order by the 30th day after service of the order. If the person does not request a hearing or if the person's written request for hearing is not served on or faxed to the commissioner by the 30th day after service of the order, the order shall become a final order of the commissioner and will not be subject to review by any court or agency. The date on which a request for hearing is served by mail shall be the postmark date on the envelope in which the request for hearing is mailed. If the person submits to the commissioner a timely request for hearing, a contested case hearing shall be held in accordance with chapter 14.

 

(d) Paragraph (c) does not apply to summary suspension under subdivision 13.

 

Subd. 13. Summary suspension. In any case where the commissioner has issued an order to revoke or suspend a license, registration, certificate, or permit under subdivision 12, the commissioner may summarily suspend the person's permit, license, registration, or certificate before the order becomes final. The commissioner shall issue a summary suspension order when the safety of life or property is threatened or to prevent the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the public. The summary suspension shall not affect the deadline for submitting a request for hearing under subdivision 12. If the commissioner summarily suspends a person's permit, license, registration, or certificate, a timely request for hearing submitted under subdivision 12 shall also be considered a timely request for hearing on continuation of the summary suspension. If the commissioner summarily suspends a person's permit, license, registration, or certificate under this subdivision and the person submits a timely request for a hearing, then a hearing on continuation of the summary suspension must be held within ten days after the commissioner receives the request for hearing unless the parties agree to a later date.


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Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall provide a 30-day period for public comment on any such plan. Penalties assessed by the commissioner in accordance with the plan shall be presumed reasonable.

 

Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit the application of other state or federal laws, including specifically but not exclusively section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a permit, license, registration, or certificate issued by the commissioner.

 

Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person who violates an applicable law is guilty of a misdemeanor.

 

Subd. 17. Revocation and suspension of license. If a person fails to pay a penalty owed under this section or section 326B.083, the commissioner may revoke, suspend, or deny any or all licenses, permits, certificates, and registrations issued by the department.

 

Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND LICENSING ORDERS.

 

Subdivision 1. Amount of penalty; considerations. In determining the amount of a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall consider the factors described in section 14.045, subdivision 3.

 

Subd. 2. Contents of administrative order and licensing order. (a) An administrative order and a licensing order must include:

 

(1) a summary of the facts that constitute the violation or violations;

 

(2) a reference to the applicable law that has been violated; and

 

(3) a statement of the person's right to request a hearing.

 

(b) An administrative order may include a requirement that the violation be corrected. If the order includes a requirement that the violation be corrected, then the order must include, in addition to any statements required under paragraphs (a) and (c), the deadline by which the violation must be corrected.

 

(c) An administrative order or a licensing order may assess monetary penalties. If the order assesses monetary penalties, then the order must include, in addition to any statements required under paragraphs (a) and (b):

 

(1) a statement of the amount of the monetary penalty imposed;

 

(2) a statement that, when the order becomes final, the commissioner may file and enforce the unpaid portion of a penalty as a judgment in district court without further notice or additional proceedings; and

 

(3) if the order is an administrative order, a statement of the amount of the penalty, if any, that will be forgiven if the person who is subject to the order demonstrates to the commissioner by the 31st day after the order is served that the person has corrected the violation or has developed a correction plan acceptable to the commissioner.

 

Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then the penalty is due and payable on the date the administrative order becomes final unless some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, then the penalty is due and payable on the date the licensing order becomes final.


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(b) This paragraph applies if an administrative order includes a penalty assessment and all or a portion of the penalty is forgivable.

 

(1) If any portion of the penalty is not forgivable, that portion of the penalty is due and payable ten days after the date the administrative order becomes final.

 

(2) The commissioner shall forgive the forgivable portion of the penalty if the commissioner determines that the violation has been corrected within the time set by the order or the person to whom the order was issued has developed a correction plan acceptable to the commissioner within the time set by the order.

 

(3) If the commissioner determines that the person to whom the order was issued has failed to correct the violation within the time set by the order or has failed to develop a correction plan acceptable to the commissioner within the time set by the order, then the forgivable portion of the penalty is due and payable ten days after the commissioner serves notice of the determination on the person or on the date the administrative order becomes final, whichever is later.

 

(c) This paragraph applies if an administrative order or a licensing order includes a penalty assessment and if the person subject to the order has requested a hearing. The administrative law judge may not recommend a change in the amount of the penalty if the penalty was assessed in accordance with a plan prepared under section 326B.082, subdivision 14. If the commissioner has not prepared a plan under section 326B.082, subdivision 14, then the administrative law judge may not recommend a change in the amount of the penalty unless the administrative law judge determines that, based on the factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.

 

(d) The assessment of a penalty does not preclude the use of other enforcement provisions, under which penalties are not assessed, in connection with the violation for which the penalty was assessed.

 

Sec. 4. [326B.084] FALSE INFORMATION.

 

A person subject to any of the requirements in the applicable law may not make a false material statement, representation, or certification in; omit material information from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, or other document required under the applicable law.

 

Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.

 

In any action brought by the commissioner for enforcement of an order issued under section 326B.082 for injunctive relief, or to compel performance pursuant to the applicable law, if the state finally prevails, the state, in addition to other penalties provided by law, may be allowed an amount determined by the court to be the reasonable value of all or part of the litigation expenses incurred by the state. In determining the amount of the litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.

 

Sec. 6. REVISOR'S INSTRUCTION.

 

The revisor of statutes shall renumber Minnesota Statutes, section 299F.011, subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.


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ARTICLE 4

 

BUILDING CODE

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(9) manage and operate parking facilities for state employees and a central motor pool for travel on state business; and

 

(10) establish and administer a State Building Code; and

 

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

 

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

 

Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner of labor and industry in consultation with each industry advisory committee and in accordance with sections 16B.59 to 16B.75.

 

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

 

Subd. 7. Physically disabled Person with a disability. "Physically disabled" means having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, or perceptiveness. "Person with a disability" or "persons with disabilities" includes people who have a vision disability, a hearing disability, a disability of coordination, a disability of aging, or any other disability that significantly reduces mobility, flexibility, coordination, or perceptiveness.


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

 

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

 

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

 

Subd. 11. State licensed facilities facility. "State licensed facilities facility" means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, or correctional facility, boarding care home, or residential hospice.

 

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

 

16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND INDUSTRY.

 

Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the commissioner shall by rule and in consultation with each industry board establish a code of standards for the construction, reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must also include duties and responsibilities for code administration, including procedures for administrative action, penalties, and suspension and revocation of certification. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the provisions of those sections.

 

The commissioner shall develop rules addressing the plan review fee assessed to similar buildings without significant modifications including provisions for use of building systems as specified in the industrial/modular program specified in section 16B.75. Additional plan review fees associated with similar plans must be based on costs commensurate with the direct and indirect costs of the service.

 

Subd. 1a. Administration by commissioner. The commissioner shall administer and enforce the State Building Code as a municipality with respect to public buildings and state licensed facilities in the state. The commissioner shall establish appropriate permit, plan review, and inspection fees, and surcharges for public buildings and state licensed facilities. Fees and surcharges for public buildings and state licensed facilities must be remitted to the commissioner, who shall deposit them in the state treasury for credit to the special revenue fund.

 

Municipalities other than the state having an agreement with the commissioner for code administration and enforcement service for public buildings and state licensed facilities shall charge their customary fees, including surcharge, to be paid directly to the jurisdiction by the applicant seeking authorization to construct a public building or a state licensed facility. The commissioner shall sign an agreement with a municipality other than the state for plan review, code administration, and code enforcement service for public buildings and state licensed facilities in the jurisdiction if the building officials of the municipality meet the requirements of section 16B.65 and wish to provide those services and if the commissioner determines that the municipality has enough adequately trained and qualified building inspectors to provide those services for the construction project.


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The commissioner may direct the state building official to assist a community that has been affected by a natural disaster with building evaluation and other activities related to building codes.

 

Administration and enforcement in a municipality under this section must apply any optional provisions of the State Building Code adopted by the municipality. A municipality adopting any optional code provision shall notify the state building official within 30 days of its adoption.

 

The commissioner shall administer and enforce the provisions of the code relating to elevators statewide, except as provided for under section 16B.747, subdivision 3.

 

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

 

Subd. 3. Special requirements. (a) Space for commuter vans. The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority.

 

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

 

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

 

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

 

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

 

(f) (e) Family and group family day care. Until the legislature enacts legislation specifying appropriate standards, the definition of Group R-3 occupancies in dwellings constructed in accordance with the International Residential Code as adopted as part of the State Building Code applies to family and group family day care homes licensed by the Department of Human Services under Minnesota Rules, chapter 9502.


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(g) (f) Enclosed stairways. No provision of the code or any appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Subd. 5. Accessibility. (a) Public buildings. The code must provide for making public buildings constructed or remodeled after July 1, 1963, accessible to and usable by physically disabled persons with disabilities, although this does not require the remodeling of public buildings solely to provide accessibility and usability to the physically disabled persons with disabilities when remodeling would not otherwise be undertaken.


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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

16B.617 ENERGY CODE RULES REMAIN IN EFFECT.

 

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

 

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

 

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

 

(d) (c) This section expires when the commissioner of administration adopts a new energy code in accordance with Laws 2002, chapter 317, section 4.


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

 

16B.6175 ENERGY CODE.

 

Notwithstanding section 16B.617, the commissioner of administration, in consultation with the Construction Codes Advisory Council, shall explore and review the availability and appropriateness of any model energy codes related to the construction of single one- and two-family residential buildings. In consultation with the council, the commissioner shall take steps to adopt the chosen code with all necessary and appropriate amendments.

 

The commissioner may not adopt all or part of a model energy code relating to the construction of residential buildings without research and analysis that addresses, at a minimum, air quality, building durability, moisture, enforcement, enforceability cost benefit, and liability. The research and analysis must be completed in cooperation with practitioners in residential construction and building science and an affirmative recommendation by the Construction Codes Advisory Council.

 

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

 

16B.63 STATE BUILDING OFFICIAL.

 

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

 

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

 

Subd. 3. Powers and duties. The state building official may, with the approval of the commissioner, employ personnel necessary to carry out the inspector's function under sections 16B.59 to 16B.75. The state building official shall distribute without charge one copy a printed or electronic version of the code to each municipality within the state. Additional copies A printed or electronic version of the code shall be made available to municipalities and interested parties for a fee prescribed by the commissioner. The state building official shall perform other duties in administering the code assigned by the commissioner.

 

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

 

Subd. 5. Interpretative authority. To achieve uniform and consistent application of the State Building Code, the state building official has final interpretative authority applicable to all codes adopted as part of the State Building Code except for the Plumbing Code and the Electrical Code when enforced by the State Board of Electricity, except with the advice of the Electrical Board, Mechanical Systems Board, Plumbing Board, Board of Construction, Building and Structural Code Board, Fire Protection Board, and High Pressure Piping Systems Board. A final interpretative committee composed of seven members, consisting of three building officials, two inspectors from the affected field, and two construction industry representatives, shall review requests for final interpretations relating to that field. A request for final interpretation must come from a local or state level building code board of appeals. The state building official must establish procedures for membership of the interpretative committees. The appropriate committee shall review the request and make a recommendation to the state building official for the final interpretation within 30 days of the request. The state building official must issue an interpretation within ten


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business days from the recommendation from the review committee. A final interpretation may be appealed within 30 days of its issuance to the commissioner under section 16B.67. The final interpretation must be published within ten business days of its issuance and made available to the public. Municipal building officials shall administer all final interpretations issued by the state building official until the final interpretations are considered for adoption as part of the State Building Code.

 

Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:

 

16B.65 BUILDING OFFICIALS.

 

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

 

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

 

Subd. 3. Certification. The commissioner shall by rule establish certification criteria as proof of qualification according to subdivision 2. The commissioner may:

 

(1) prepare and conduct develop and administer written and practical examinations to determine if a person is qualified pursuant to subdivision 2 to be a building official;

 

(2) accept documentation of successful completion of testing programs developed and administered by nationally recognized testing agencies, as proof of qualification pursuant to subdivision 2; or

 

(3) determine qualifications by both clauses (1) and (2) satisfactory completion of clause (2) and a mandatory training program developed or approved by the commissioner.

 

Upon a determination of qualification under clause (1), (2), or both of them (3), the commissioner shall issue a certificate to the building official stating that the official is certified. Each person applying for examination and certification pursuant to this section shall pay a nonrefundable fee of $70. The commissioner or a designee may establish categories of certification that will recognize the varying complexities of code enforcement in the municipalities within the state. The commissioner shall provide educational programs designed to train and assist building officials in carrying out their responsibilities.

 

The Department of Employee Relations may, at the request of the commissioner, provide statewide testing services.


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

 

Subd. 5. Oversight committee. (a) The commissioner shall establish a Code Administration Oversight Committee to evaluate, mediate, and that will, at the commissioner's request, recommend to the commissioner any administrative action, penalty, suspension, or revocation with respect appropriate action according to section 326B.82, in response to complaints filed with or information received or obtained by the commissioner alleging or indicating that supports a finding that: (1) an individual has engaged in, or is about to engage in, the unauthorized performance of official the duties of a certified building official or the unauthorized use of the title certified building official, title; or a violation of (2) a certified building official has violated a statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist agreement, or order that the commissioner has adopted, issued, or is empowered has the authority to enforce and that is related to the duties of a certified building official.

 

(b) The committee consists shall consist of six members. One member shall be the commissioner's designee and five members shall be certified building officials, who are appointed by the commissioner. At least two of whom the appointed certified building officials must be from nonmetropolitan counties. For the committee members must be compensated according to who are not state officials or employees, their compensation and removal from the oversight committee is governed by section 15.059, subdivision 3. The commissioner's designee shall act as an ex-officio member of the oversight committee serve as the chair of the oversight committee and shall not vote. The terms of the appointed members of the oversight committee shall be four years. The terms of three of the appointed members shall be coterminous with the governor and the terms of the remaining two appointed members shall end on the first Monday in January one year after the terms of the other appointed members expire. An appointed member may be reappointed. The committee is not subject to the expiration provisions of section 15.059, subdivision 5.

 

(b) (c) If the commissioner has a reasonable basis to believe determines that a person an individual has engaged in an act or practice constituting the unauthorized performance of official the duties, of a certified building official or the unauthorized use of the title certified building official title, or that a violation of certified building official has violated a statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist agreement, or order that the commissioner has adopted, issued, or is empowered authorized to enforce that is related to the duties of a certified building official, the commissioner may proceed with take administrative actions or penalties as described in subdivision 5a or suspension or revocation as described in subdivision 5b. against the individual according to section 326B.082, subdivisions 7 and 11.

 

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

 

Subd. 5b. Suspension; revocation. Grounds. Except as otherwise provided for by law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue or reissue a building official certification if the applicant, building official, or certification holder: In addition to the grounds specified in section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or may censure an applicant or individual holding a certificate, if the applicant or individual:


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(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections; or

 

(2) engages in fraud, deceit, or misrepresentation while performing the duties of a certified building official;.

 

(3) makes a false statement in an application submitted to the commissioner or in a document required to be submitted to the commissioner; or

 

(4) violates an order of the commissioner.

 

Notice must be provided and the hearing conducted in accordance with the provisions of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or otherwise affects the authority of a municipality to dismiss or suspend a building official at its discretion, except as otherwise provided for by law.

 

Subd. 5c. Action against unlicensed persons. The commissioner may take any administrative action provided under section 326B.082, against an individual required to be certified under subdivision 3, based upon conduct that would provide grounds for action against a certificate holder under this section.

 

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

 

Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the commissioner may by rule establish or approve continuing education programs for municipal certified building officials dealing with matters of building code administration, inspection, and enforcement.

 

Each person certified as a building official for the state must satisfactorily complete applicable educational programs established or approved by the commissioner every three calendar years to retain certification.

 

Each person certified as a building official must submit in writing to the commissioner an application for renewal of certification within 60 days of the last day of the third calendar year following the last certificate issued. Each application for renewal must be accompanied by proof of satisfactory completion of minimum continuing education requirements and the certification renewal fee established by the commissioner.

 

Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of labor and industry may by rule adopt standards dealing with renewal requirements.

 

(b) If the commissioner has not issued a notice of denial of application for a certificate holder and if the certificate holder has properly and timely filed a fully completed renewal application, then the certificate holder may continue to engage in building official activities whether or not the renewed certificate has been received. Applications must be made on a form approved by the commissioner. Each application for renewal must be fully completed, and be accompanied by proof of the satisfactory completion of minimum continuing education requirements and the certification renewal fee established by the commissioner. Applications are timely if received prior to the expiration of the most recently issued certificate. An application for renewal that does not contain all of the information requested is an incomplete application and will not be accepted.

 

Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the date of expiration if not properly renewed in according to subdivision 8, paragraph (b).


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Subd. 10. Failure to renew. An individual who has failed to make a timely application for renewal of a certificate is not certified and must not serve as the designated building official for any municipality until a renewed certificate has been issued by the commissioner.

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:

 

16B.70 SURCHARGE.

 

Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in connection with the construction of or addition or alteration to buildings and equipment or appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge receipts to award grants for code research and, development, and education.

 

If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows:

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:

 

16B.72 REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN COUNTIES.

 

Notwithstanding any other provision of law to the contrary, a county that is not a metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote of the majority of its electors residing outside of municipalities that have adopted the State Building Code before January 1, 1977, that no part of the State Building Code except the building requirements for disabled persons with disabilities, the requirements for bleacher safety, and the requirements for elevator safety applies within its jurisdiction.

 

The county board may submit to the voters at a regular or special election the question of adopting the building code. The county board shall submit the question to the voters if it receives a petition for the question signed by a number of voters equal to at least five percent of those voting in the last general election. The question on the ballot must be stated substantially as follows:

 

"Shall the State Building Code be adopted in .......... County?"

 

If the majority of the votes cast on the proposition is in the negative, the State Building Code does not apply in the subject county, outside home rule charter or statutory cities or towns that adopted the building code before January 1, 1977, except the building requirements for disabled persons with disabilities, the requirements for bleacher safety, and the requirements for elevator safety do apply.

 

Nothing in this section precludes a municipality or town that has not adopted the State Building Code from adopting and enforcing by ordinance or other legal means the State Building Code within its jurisdiction.

 

Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:

 

16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; LOCAL OPTION.

 

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


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Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:

 

16B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED PERSONS WITH DISABILITIES.

 

A statutory or home rule charter city that is not covered by the State Building Code because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in the city of the State Building Code's requirements for disabled persons with disabilities. In all other areas where the State Building Code does not apply because of action taken under section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.

 

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

 

Subdivision 1. Applicability. As used in For the purposes of sections 16B.61, 16B.72, 16B.73, and 16B.74 to 16B.746 16B.748 the terms "passenger or freight elevator," "automatic operation" and "continuous pressure operation" defined in this section shall have the following meanings given them.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:

 

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

 

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

 

Subd. 7. Elevator inspection. "Elevator inspection" means an examination of elevator installations, repairs, alterations, removal, and construction for compliance with the State Building Code that may include witnessing tests performed on elevators by elevator personnel, performing tests on elevators, or an audit of records related to routine and periodic maintenance and testing, or any combination thereof when performed by the department or a municipality authorized to perform such inspections.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

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

 

Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets the requirements established pursuant to section 16B.748, clause (1), who is performing elevator inspections for the department or a municipality authorized to perform such inspections.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 20. Minnesota Statutes 2006, section 16B.741, is amended to read:

 

16B.741 ELEVATOR AVAILABLE FOR INSPECTION AND REPORTING.

 

Subdivision 1. Elevator available for inspection. A person, firm, entity, or corporation that owns or controls a building or other structure housing an elevator that is subject to inspection by the department, shall, upon request, provide access at a reasonable hour to the elevator for purposes of inspection.

 

Subd. 2. Persons required to report. The following persons shall report the information specified in subdivision 3 to the commissioner by January 1, 2008:


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(a) any person that, between August 1, 2005, and July 31, 2007, has provided service, alteration, repair, or maintenance to any elevator located in Minnesota;

 

(b) any person that, between August 1, 2005, and July 31, 2007, has entered into an agreement to provide service, alteration, repair, or maintenance to any elevator located in Minnesota;

 

(c) any person that owns or controls an elevator located in Minnesota that, between August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or maintenance on the elevator; or

 

(d) any person that owns or controls an elevator located in Minnesota that, between August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service, alteration, repair, or maintenance on the elevator.

 

Subd. 3. Elevator location, type, and installation date. On a form prescribed by the commissioner, the persons required to report pursuant to subdivision 2 shall provide the following:

 

(a) the location of each elevator;

 

(b) the type of each elevator; and

 

(c) the date the elevator was installed.

 

Subd. 4. Definition. As used in this section, "elevator" is as defined in section 16B.74, subdivision 5.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 21. Minnesota Statutes 2006, section 16B.744, is amended to read:

 

16B.744 ELEVATORS, ENTRANCES SEALED.

 

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

 

Sec. 22. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:

 

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

 

Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:

 

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


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Sec. 24. Minnesota Statutes 2006, section 16B.747, is amended to read:

 

16B.747 FEES FOR LICENSURE AND INSPECTION PERMIT.

 

Subdivision 1. Permits. No person, firm, or corporation may construct, install, alter, or remove an elevator without first filing an application for a permit with the department of Administration or a municipality authorized by subdivision 3 to inspect elevators. Upon successfully completing inspection and the payment of the appropriate fee, the owner must be granted an operating permit for the elevator.

 

Subd. 1a. Annual operating permit. No person may operate an elevator without first obtaining an annual operating permit from the department or a municipality authorized by subdivision 3 to issue annual operating permits. A $100 annual operating permit fee must be paid to the department for each annual operating permit issued by the department, except that the original annual operating permit must be included in the permit fee for the initial installation of the elevator. Annual operating permits must be issued at 12-month intervals from the date of the initial annual operating permit. For each subsequent year, an owner must be granted an annual operating permit for the elevator upon the owner's or owner's agent's submission of a form prescribed by the commissioner and payment of the $100 fee. Each form must include the location of the elevator, the results of any periodic test required by the code, and any other criteria established by rule. An annual operating permit may be revoked by the commissioner upon an audit of the periodic testing results submitted with the application or a failure to comply with elevator code requirements, inspections, or any other law related to elevators.

 

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

 

Subd. 3. Permissive municipal regulation. A municipality may conduct a system of elevator inspection in conformity with this chapter, State Building Code requirements, and adopted rules that includes the inspection of elevator installation, repair, alteration, and removal, construction, and the routine and periodic inspection and testing of existing elevators, and the issuance of annual operating permits. The municipality shall employ inspectors meeting the minimum requirements established by Minnesota Rules to perform the inspections and to witness the tests. A municipality may establish and retain its own fees for inspection of elevators and related devices in its jurisdiction. A municipality may establish and retain its own fees for the issuance of annual operating permits for elevators in its jurisdiction. A municipality may not adopt standards that do not conform to the uniform standards prescribed by the department.

 

If the commissioner determines that a municipality is not properly administering and enforcing the law, rules, and codes, the commissioner shall have the inspection, administration, and enforcement undertaken by a qualified inspector employed by the department.

 

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

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 25. Minnesota Statutes 2006, section 16B.748, is amended to read:

 

16B.748 RULES.

 

The commissioner may adopt rules for the following purposes:


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

 

(2) to establish minimum qualifications for elevator inspectors;

 

(2) (3) to establish criteria for the qualifications of elevator contractors;

 

(3) (4) to establish elevator standards under sections 16B.61, subdivisions 1 and 2, and 16B.64;

 

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

 

(5) (6) to establish requirements for the registration of all elevators.

 

EFFECTIVE DATE. This section is effective the day following final enactment.

 

Sec. 26. Minnesota Statutes 2006, section 16B.76, is amended to read:

 

16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.

 

Subdivision 1. Membership. (a) The Construction Codes Advisory Council consists of the following members:

 

(1) the commissioner of administration or the commissioner's designee representing the department's Building Codes and Standards Construction Codes and Licensing Division;

 

(2) the commissioner of health or the commissioner's designee representing an Environmental Health Section of the department;

 

(3) (2) the commissioner of public safety or the commissioner's commissioner of public safety's designee representing the department's Department of Public Safety's State Fire Marshal Division;

 

(4) the commissioner of commerce or the commissioner's designee representing the department's State Energy Office; and

 

(5) (3) one member representing, appointed by the commissioner, engaged in each of the following occupations or, entities, appointed by the commissioner of administration or industries:

 

(i) a certified building official officials;

 

(ii) a fire service representative chiefs or fire marshals;

 

(iii) a licensed architect architects;

 

(iv) a licensed engineer professional engineers;

 

(v) a building owners and managers representative commercial building owners and managers;

 

(vi) a the licensed residential building contractor industry;


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(vii) a the commercial building contractor industry;

 

(viii) a the heating and ventilation contractor industry;

 

(ix) a the plumbing contractor industry;

 

(x) the ventilation industry;

 

(xi) the power limited industry;

 

(x) (xii) a representative of a construction and building trades union; and member of the Board of Electricity;

 

(xi) a local unit of government representative. (xiii) the high pressure piping industry;

 

(xiv) the boiler industry;

 

(xv) the manufactured housing industry;

 

(xvi) public utility suppliers;

 

(xvii) the Minnesota Building and Construction Trades Council; and

 

(xviii) local units of government.

 

(b) The commissioner or the commissioner's designee representing the department's Construction Codes and Licensing Division shall serve as chair of the advisory council. For members who are not state officials or employees, terms, compensation, and removal, and the filling of vacancies of members of the advisory council are governed by section 15.059. The council shall select one of its members to serve as chair. The terms of the members of the advisory council shall be four years. The terms of eight of the appointed members shall be coterminous with the governor and the terms of the remaining nine appointed members shall end on the first Monday in January one year after the terms of the other appointed members expire. An appointed member may be reappointed. Each council member shall appoint an alternate to serve in their absence. The committee is not subject to the expiration provision of section 15.059, subdivision 5.

 

(c) The council expires June 30, 2003.

 

Subd. 1a. Rulemaking authority. The council shall adopt rules relating to building construction and model the rules to building construction codes generally accepted and in use throughout the United States with consideration given to existing statewide specialty codes presently in use in Minnesota.

 

Subd. 2. Duties of council. The council shall review laws, codes, rules, standards, and licensing requirements relating to building construction and may:

 

(1) recommend ways to eliminate inconsistencies, to streamline construction regulation and construction processes procedures, and to improve procedures within and among jurisdictions;

 

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

 

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


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(4) promote the coordination, within each jurisdiction, of the administration and enforcement of construction codes.

 

The council shall meet a minimum of four times each year. The council shall report its findings and recommendations to the commissioner of administration and the head of any other affected agency by the end of each calendar year. The council may shall recommend changes in laws or rules governing building construction. The council may shall establish subcommittees to facilitate its work. If the council establishes subcommittees, it shall include in their memberships representation from entities and organizations expressing an interest in membership. The commissioner of administration shall maintain a list of interested entities and organizations.

 

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

 

Sec. 27. Minnesota Statutes 2006, section 326.992, is amended to read:

 

326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.

 

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

 

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

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 28. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:

 

Subd. 2. Authorized representative. "Authorized representative" means any person, firm or corporation, or employee thereof, approved or hired by the commissioner of labor and industry to perform inspection services.

 

Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:

 

Subd. 3. Manufactured Home Building Code. "Manufactured Home Building Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 15, 1976, the standards code promulgated by the American National Standards Institute and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, or the provisions of the National Fire Protection Association and identified as NFPA 501B, and further revisions adopted by the commissioner of labor and industry.

 

"Manufactured Home Building Code" means, for manufactured homes constructed after June 14, 1976, the manufactured home construction and safety standards promulgated by the United States Department of Housing and Urban Development which are in effect at the time of the manufactured home's manufacture.

 

Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:

 

Subd. 4. Commissioner. "Commissioner" means the commissioner of administration labor and industry.


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Sec. 31. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision to read:

 

Subd. 6a. Individual. "Individual" means a human being.

 

Sec. 32. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:

 

Subd. 7. Person. "Person" means a person, partnership, corporation or other legal entity any individual, limited liability company, corporation, partnership, incorporated or unincorporated association, sole proprietorship, joint stock company, or any other legal or commercial entity.

 

Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:

 

Subd. 15. Purchaser. "Purchaser" means the first person individual purchasing a manufactured home in good faith for purposes other than resale.

 

Sec. 34. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:

 

Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer shall establish and maintain records, make reports, and provide information as the commissioner or the secretary may reasonably require to be able to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with sections 327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner or the secretary, permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether that manufacturer, distributor, or dealer has acted or is acting in compliance with sections 327.31 to 327.35, and the National Manufactured Home Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement Act of 2000, or other applicable federal or state law.

 

Sec. 35. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:

 

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

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:

 

Subd. 6. Authorization as agency. The commissioner shall apply to the secretary for approval of the commissioner as the administrative agency for the regulation of manufactured homes under the rules of the secretary. The commissioner may make rules for the administration and enforcement of department responsibilities as a state administrative agency including, but not limited to, rules for the handling of citizen's complaints. All money received for services provided by the commissioner or the department's authorized agents as a state


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administrative agency shall be deposited in the general construction code fund. The commissioner is charged with the adoption, administration, and enforcement of the Manufactured Home Construction and Safety Standards, consistent with rules and regulations promulgated by the United States Department of Housing and Urban Development. The commissioner may adopt the rules, codes, and standards necessary to enforce the standards promulgated under this section. The commissioner is authorized to conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and to adopt rules in order to carry out this function.

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:

 

Subd. 7. Employees. The commissioner may appoint such employees within the Department of Administration Labor and Industry as deemed necessary for the administration of sections 327.31 to 327.35.

 

Sec. 38. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:

 

Subd. 3. Removal of seals. Manufactured home seals remain the property of the Department of Administration Labor and Industry and may be removed by the commissioner from any manufactured home which is in violation of the Manufactured Home Building Code.

 

Sec. 39. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:

 

Subdivision 1. Civil Monetary penalty. Notwithstanding the penalty amount of section 326B.082, subdivisions 7 and 12, any person who violates any provision of this section is liable to the state of Minnesota for a civil monetary penalty of not to exceed $1,000 for each offense violation. Each violation involving a separate manufactured home or involving a separate failure or refusal to allow or perform any act required by this section constitutes a separate offense violation, except that the maximum civil monetary penalties for any related series of violations occurring within one year from the date of the first violation may not exceed $1,000,000.

 

Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:

 

Subd. 2. Willful violations. Any individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of this section in a manner which threatens the health or safety of any purchaser shall be fined not more than $3,000 or imprisoned not more than one year, or both guilty of a gross misdemeanor.

 

Sec. 41. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:

 

Subd. 4. Commissioner. "Commissioner" means the commissioner of administration labor and industry.

 

Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:

 

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

 

Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:

 

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


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

 

Subd. 10a. Individual. "Individual" means a human being.

 

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

 

Subd. 11a. Licensee. "Licensee" means a person who is licensed as a dealer, limited dealer, or manufacturer by the Department of Labor and Industry.

 

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

 

Subd. 11b. Limited dealer or limited retailer. "Limited dealer" or "limited retailer" means any person who is an owner of a manufactured home park authorized, as principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale of used manufactured homes located in the owned manufactured home park, who is the title holder and engages in no more than ten sales annually.

 

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

 

Subd. 14a. Manufacturing facility. "Manufacturing facility" means the physical site where a manufacturer engages in the business of manufacture, assembly, or production of manufactured homes.

 

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

 

Subd. 16a. Owner. "Owner" means any person holding title to a manufactured home park or manufactured homes.

 

Sec. 49. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:

 

Subd. 17. Person. "Person" means any individual, limited liability company, corporation, firm, partnership, incorporated and unincorporated association, sole proprietorship, joint stock company, or any other legal or commercial entity.

 

Sec. 50. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:

 

Subdivision 1. License and, bond, and liability insurance required. No person shall act as a dealer in manufactured homes, new or used, without a license and, a surety bond, and liability insurance as provided in this section. No person shall manufacture manufactured homes without a license and for each manufacturing facility shipping into or located within Minnesota's boundaries, a surety bond, and liability insurance as provided in this section. The licensing and bonding requirements of this section do not apply to any bank, savings bank, savings association, or credit union, chartered by either this state or the federal government, which acts as a dealer only by repossessing manufactured homes and then offering the homes for resale.

 

Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:

 

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

 

(a) the applicant has a permanent, established place of business at each licensed location. An "established place of business" means a permanent enclosed building other than a residence, or a commercial office space, either owned by the applicant or leased by the applicant for a term of at least one year, located in an area where zoning regulations allow commercial activity, and where the books, records and files necessary to conduct the business are


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kept and maintained. The owner of a licensed manufactured home park who resides in or adjacent to the park may use the residence as the established place of business required by this subdivision, unless prohibited by local zoning ordinance.

 

If a license is granted, the licensee may use unimproved lots and premises for sale, storage, and display of manufactured homes, if the licensee first notifies the commissioner in writing;

 

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

 

(c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the agency and each subagency location that bears the applicant's name and the name under which the applicant will be licensed and do business in this state. Each bond is for the protection of consumer customers, and must be executed by the applicant as principal and issued by a surety company admitted to do business in this state. The Each bond shall be exclusively for the purpose of reimbursing consumer customers and shall be conditioned upon the faithful compliance by the applicant with all of the laws and rules of this state pertaining to the applicant's business as a dealer or manufacturer, including sections 325D.44, 325F.67 and 325F.69, and upon the applicant's faithful performance of all its legal obligations to consumer customers; and (2) a certificate of liability insurance in the amount of $1,000,000 that provides coverage for the agency and each subagency location;

 

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

 

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

 

Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:

 

Subd. 6. Certificate of license. For each license granted the commissioner shall issue a certificate which includes the name of the licensee, the name of the surety company and the amount of the surety bond, and the insurance underwriter and policy number, the names and addresses of any related principal or subagencies, and a license number.

 

Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:

 

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

 

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

 

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


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

 

EFFECTIVE DATE. This section is effective July 1, 2007.

 

Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:

 

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

 

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

 

(i) the identity of the applicant;

 

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

 

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

 

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

 

(v) the name, address, and telephone number of one individual that is designated by the applicant to receive all communications and cooperate with all inspections and investigations of the commissioner pertaining to the sale of manufactured homes in the manufactured home park owned by the applicant;

 

(vi) whether the applicant or its designated individual has been convicted of a crime within the previous ten years that is either related directly to the business for which the license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation, or conversion within the previous five years or has had any government license or permit suspended or revoked as a result of an action brought by a federal or state governmental agency in this or any other state within the last five years; and

 

(vii) the applicant's qualifications and business history, including whether the applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against it or them;

 

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

 

(3) provision of a surety bond in the amount of $5,000. A separate surety bond must be provided for each limited license.

 

The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). The holding of a limited dealer's license does not satisfy the requirement contained in section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect to obtaining a dealer license. The commissioner may, upon application for a renewal of a license, require only a verification that copies of sales documents have been retained and payment of a $100 renewal fee. "Sales documents" mean only the safety feature disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing agreements, and purchase agreements.


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The license holder shall, upon request of the commissioner, make available for inspection during business hours sales documents required to be retained under this subdivision.

 

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

 

Subd. 8a. Service. Service of a document on a limited dealer licensed under this section may be effected by mail to or by personal service on: (1) the licensee at the licensee's last known address; or (2) the individual designated by the licensee at that individual's last known address.

 

Sec. 56. [327B.042] NOTICE TO COMMISSIONER.

 

Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or manufacturer shall notify the commissioner of the occurrence of any of the events in subdivisions 2 to 5.

 

Subd. 2. Change in application information. A licensee shall notify the commissioner in writing within ten days of the change of any change in information contained in the most recent license application on file with the commissioner, which shall include any change in the information pertaining to the individual designated under section 327B.04, subdivision 8, clause (1), item (vi).

 

Subd. 3. Civil judgment. A licensee shall notify the commissioner in writing within ten days of any decision of a court regarding a proceeding in which the licensee was named as a defendant, and in which fraud, misrepresentation, or the conversion of funds was found to have been committed by the licensee.

 

Subd. 4. Disciplinary action in another state. A licensee shall notify the commissioner in writing within ten days of the condition, reprimand, censure, limitation, suspension, or revocation of any other professional or occupational license, registration, permit, or certificate held by the licensee in this or any other state, or any other United States jurisdiction.

 

Subd. 5. Criminal offense. A licensee shall notify the commissioner in writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, misdemeanor, or any comparable offense related to manufactured home sales, improper business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer laws in this or any other state, or any other United States jurisdiction.

 

Sec. 57. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:

 

Subdivision 1. Grounds. In addition to the grounds in section 326B.082, subdivision 11, the commissioner may by order deny, suspend, limit, place conditions on, or revoke any the application or license on finding (1) that the order is in the public interest and (2) that the of any applicant or licensee or any of its directors, officers, limited or general partners, controlling shareholders, or affiliates for any of the following grounds:

 

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

 

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

 

(c) (b) has had a previous manufacturer or dealer license revoked in this or any other state;

 

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


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

 

(f) (e) has failed to make or provide all listings, notices and reports required by the commissioner;

 

(g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten days after the assessment becomes final;

 

(h) (g) has failed to pay to the commissioner or other responsible government agency all taxes, fees and arrearages due;

 

(i) (h) has failed to duly apply for license renewal;

 

(j) (i) has violated any applicable manufactured home building or safety code;

 

(k) (j) has failed or refused to honor any express or implied warranty as provided in section 327B.03;

 

(l) (k) has failed to continuously occupy a permanent, established place of business licensed under section 327B.04;

 

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

 

(n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;

 

(o) (n) is insolvent or bankrupt;

 

(p) (o) holds an impaired or canceled bond;

 

(q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;

 

(r) (q) has, within the previous ten years, been convicted of a crime that either related directly to the business of the dealer or manufacturer or involved fraud, misrepresentation or misuse of funds;

 

(s) (r) has suffered a judgment within the previous five years in a civil action involving fraud, misrepresentation or misuse of funds; or

 

(t) (s) has failed to reasonably supervise any employee or agent of the dealer or manufacturer, resulting in injury or harm to the public.

 

The commissioner may establish rules pursuant to section 327B.10 further specifying, defining or establishing standards of conduct for manufactured home dealers and manufacturers.

 

Sec. 58. Minnesota Statutes 2006, section 327B.10, is amended to read:

 

327B.10 RULEMAKING AUTHORITY.

 

The commissioner may promulgate rules and issue orders reasonably necessary to implement and administer the provisions of sections 327B.01 to 327B.12. The commissioner shall adopt rules establishing and approving education programs for manufactured home installers. Each manufactured home installer must satisfactorily complete the continuing education requirements established by the commissioner in rule.


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Sec. 59. INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT.

 

The commissioner of labor and industry shall explore the possibility of incorporating the adaptability design elements in the State Building Code for the following International Residential Codes (IRC) and International Building Codes (IBC):

 

(1) IRC - 1;

 

(2) IRC - 2;

 

(3) IRC - 3;

 

(4) IBC R-2; and

 

(5) IBC R-3.

 

The commissioner shall report back to the legislative committees having jurisdiction over these issues by January 15, 2008.

 

Sec. 60. REVISOR'S INSTRUCTION.

 

The revisor of statutes shall renumber each section of Minnesota Statutes listed in column A with the number listed in column B. The revisor shall also make necessary cross-reference changes consistent with the renumbering.

 

                                                          Column A                                              Column B

 

                                                          16B.59                                                    326B.101

                                                          16B.60, subd. 1                                     326B.103, subd. 1

                                                          16B.60, subd. 2                                     326B.103, subd. 4

                                                          16B.60, subd. 3                                     326B.103, subd. 9

                                                          16B.60, subd. 4                                     326B.103, subd. 5

                                                          16B.60, subd. 5                                     326B.103, subd. 3

                                                          16B.60, subd. 6                                     326B.103, subd. 11

                                                          16B.60, subd. 7                                     326B.103, subd. 10

                                                          16B.60, subd. 8                                     326B.103, subd. 12

                                                          16B.60, subd. 9                                     326B.103, subd. 8

                                                          16B.60, subd. 10                                   326B.103, subd. 7

                                                          16B.60, subd. 11                                   326B.103, subd. 13

                                                          16B.60, subd. 12                                   326B.103, subd. 6

                                                          16B.60, subd. 13                                   326B.103, subd. 2

                                                          16B.61                                                    326B.106

                                                          16B.615                                                  326B.109

                                                          16B.616                                                  326B.112

                                                          16B.617                                                  326B.115

                                                          16B.6175                                                326B.118

                                                          16B.62                                                    326B.121

                                                          16B.625                                                  326B.124

                                                          16B.63                                                    326B.127

                                                          16B.64                                                    326B.13

                                                          16B.65                                                    326B.133


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                                                          16B.66                                                    326B.136

                                                          16B.67                                                    326B.139

                                                          16B.68                                                    326B.142

                                                          16B.685                                                  326B.145

                                                          16B.70                                                    326B.148

                                                          16B.71                                                    326B.151

                                                          16B.72                                                    326B.154

                                                          16B.73                                                    326B.157

                                                          16B.735                                                  326B.16

                                                          16B.74                                                    326B.163

                                                          16B.741                                                  326B.166

                                                          16B.742                                                  326B.169

                                                          16B.743                                                  326B.172

                                                          16B.744                                                  326B.175

                                                          16B.745                                                  326B.178

                                                          16B.746                                                  326B.181

                                                          16B.747                                                  326B.184

                                                          16B.748                                                  326B.187

                                                          16B.749                                                  326B.191

                                                          16B.75                                                    326B.194

                                                          16B.76                                                    326B.07

                                                          326.992                                                   326B.197

 

ARTICLE 5

 

ELECTRICAL

 

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

 

Subd. 2. Class A master electrician. The term "Class A master electrician" means a person an individual having the necessary qualifications, training, experience, and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes perform and supervise any electrical work, and who is licensed as such a Class A master electrician by the Board of Electricity commissioner.

 

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

 

Subd. 3. Class A journeyman electrician. The term "Class A journeyman electrician" means a person an individual having the necessary qualifications, training, experience, and technical knowledge to install, alter, repair, and supervise the installing, altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes perform and supervise any electrical work except for planning or laying out of electrical wiring, and who is licensed as such a Class A journeyman electrician by the Board of Electricity.

 

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

 

Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having the necessary qualifications, training, experience, and technical knowledge to wire for, install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and escalators and who is licensed as an elevator constructor by the board.


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

 

Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor whose responsible licensed individual is a licensed master elevator constructor. An elevator contractor license does not itself qualify its holder to perform or supervise the electrical/elevator work authorized by holding any other personal license issued by the board.

 

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

 

Subd. 4c. Lineman. "Lineman" means an individual having the necessary qualifications, training, experience, and technical knowledge to construct and maintain transmission and distribution systems that are or will be owned or leased by an electrical utility, and who is licensed as a lineman by the board.

 

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

 

Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual having the necessary qualifications, training, experience, and technical knowledge to properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed as a maintenance electrician by the board or who is exempt from licensing by sections 326.241 to 326.248.

 

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

 

Subd. 4e. Master elevator constructor. "Master elevator constructor" means an individual having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the installation, maintenance, and repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed as a master elevator constructor by the board.

 

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

 

Subd. 5. Contractor. The term "Contractor" means a person, partnership, or corporation operating a business that undertakes who performs or offers to undertake to plan for, lay out, or install or to make additions, alterations, or repairs in the installation of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes perform any electrical work, with or without compensation, who is licensed as such a contractor by the Board of Electricity. A contractor's license does not of itself qualify its holder to perform or supervise the electrical work authorized by holding any class of electrician's or other personal electrical license. Contractor includes electrical contractors and technology system contractors.

 

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

 

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

 

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

 

Subd. 6a. Class B journeyman electrician. The term "Class B journeyman electrician" means a person an individual having the necessary qualifications, training, experience, and technical knowledge to install, alter, repair, and supervise the installing, altering, or repairing of electrical wiring, apparatus, and equipment for single phase


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systems of not more than 200 ampere capacity for light, heat, power, and other purposes on any farm or in any single family dwelling located in any town or municipality which has a population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B journeyman electrician by the Board of Electricity.

 

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

 

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

 

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

 

Subd. 6c. Class B installer. The term "Class B installer" means a person an individual who has the necessary qualifications, training, experience, and technical knowledge to properly lay out and install electrical wiring, apparatus, and equipment on center pivot irrigation booms on the load side of the main service on farmsteads, and install other electrical equipment determined by the state Board of Electricity., and who is licensed as a Class B installer must be licensed by the Board of Electricity.

 

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

 

Subd. 6e. Owner. An owner is a natural person an individual who physically performs electrical work on premises the person individual owns and actually occupies as a residence or owns and will occupy as a residence upon completion of its construction.

 

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

 

Subd. 6f. Electrical work. The term "Electrical work" means the installing, altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment for electrical light, heat, power, technology circuits or systems, or other purposes. The installing, alteration altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment for electrical light, heat, power, technology circuits or systems, or other purposes includes, but is not limited to, the performance of any work governed regulated by the standards referred to in section 326.243.

 

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

 

Subd. 6g. Personal Direct supervision. The term "personal "Direct supervision" means that a person licensed to perform electrical work oversees and directs the electrical work performed by an unlicensed person such that:

 

(1) the licensed person actually reviews the electrical work performed by the unlicensed person an unlicensed individual is being supervised by an individual licensed to perform the electrical work being supervised;

 

(2) during the entire working day of the unlicensed individual, the licensed individual is physically present at the location where the unlicensed individual is performing electrical work and immediately available to the unlicensed individual;

 

(3) the licensed person individual is physically present and immediately available to the unlicensed person individual at all times for assistance and direction;


Journal of the House - 30th Day - Thursday, March 15, 2007 - Top of Page 1321


(4) electronic supervision does not meet the requirement of physically present and immediately available;

 

(5) the licensed individual shall review the electrical work performed by the unlicensed individual before the electrical work is operated; and

 

(3) (6) the licensed person individual is able to and does determine that all electrical work performed by the unlicensed person individual is performed in compliance with section 326.243.

 

The licensed person individual is responsible for the compliance with section 326.243 of all electrical work performed by the unlicensed person individual.

 

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

 

Subd. 6j. Residential dwelling. A "residential dwelling" is an individual dwelling of a single dwelling unit that is contained in a one-family, two-family, or multifamily dwelling as defined in the National Electrical Code pursuant to section 326.243, including its garage or accessory building. A residential dwelling includes a garage and accessory building that can only be used by the res