1.1    .................... moves to amend H. F. No. 797, the delete everything amendment
1.2(H0797DE1), as follows:
1.3Page 1, line 9, delete "1,558,902,000" and insert "1,558,498,000" and delete
1.4"1,640,951,000" and insert "164,178,000" and delete "3,199,853,000" and insert
1.5"3,199,676,000"
1.6Page 1, line 11, delete "1,564,008,000" and insert "1,560,655,000" and delete
1.7"1,643,108,000" and insert "1,643,335,000" and delete "3,207,116,000" and insert
1.8"3,203,990,000"
1.9Page 2, line 26, delete "$6,050" and insert "$6,241"
1.10Page 3, line 14, delete "1,120,000" and insert "1,020,000" and delete "1,120,000"
1.11and insert "1,020,000"
1.12Page 6, line 7, delete "4 to 16" and insert "2 to 15"
1.13Page 12, line 3, delete "696,486,000" and insert "696,082,000" and delete
1.14"741,916,000" and insert "742,143,000"
1.15Page 12, line 7, delete "611,516,000" and insert "667,550,000"
1.16Page 12, line 28, after "on" insert "Minnesota"
1.17Page 12, after line 30, insert:
1.18"(d) $12,404,000 in the second year is to
1.19reduce the proposed tuition rate increase.
1.20Any of this amount that is not used by the
1.21Board to reduce tuition cancels to the general
1.22fund."
1.23Page 14, after line 8, insert:
1.24"$400,000 each year is for the Minnesota
1.25Institute for Sustainable Agriculture to
1.26provide funds for on-station and on-farm
2.1field scale research and outreach to develop
2.2and test the agronomic and economic
2.3requirements of diverse strands of prairie
2.4plants and other perennials for bioenergy
2.5systems including but not limited to
2.6multiple species selection and establishment,
2.7ecological management between planting
2.8and harvest, harvest technologies, financial
2.9and agronomic risk management, farmer
2.10goal setting and adoption of technologies,
2.11integration of wildlife habitat into
2.12management approaches, evaluation of
2.13carbon and other benefits, and robust polices
2.14needed to induce farmer conversion on
2.15marginal lands."
2.16Re-letter subsequent paragraphs accordingly
2.17Page 21, line 7, delete everything after "Affairs" and insert a period
2.18Page 21, delete lines 8 and 9
2.19Page 22, delete lines 8 to 10
2.20Re-letter subsequent clauses
2.21Page 41, line 25, delete "135A.01"
2.22Page 41, line 26, delete "436A.1702"
2.23Page 63, line 31, delete "93,386,000" and insert "94,246,000" and delete
2.24"58,695,000" and insert "59,895,000" and delete "152,081,000" and insert "154,141,000"
2.25Page 63, delete line 34
2.26Page 64, line 1, delete "28,036,000" and insert "23,379,000" and delete "24,298,000"
2.27and insert "23,763,000" and delete "52,334,000" and insert "47,142,000"
2.28Page 64, line 2, delete "140,018,000" and insert "135,137,000" and delete
2.29"101,653,000" and insert "101,234,000" and delete "241,671,000" and insert
2.30"236,371,000"
2.31Page 66, line 7, delete "$155,000 each year" and insert "$255,000"
2.32Page 69, line 7, delete "$1,500,000 the first" and insert "$3,000,000 the second"
2.33Page 74, line 8, delete "workforce"
2.34Page 74, line 9, delete "development fund"
2.35Page 75, line 7, delete everything after the period
2.36Page 75, delete line 8
3.1Page 76, after line 19, insert:
3.2"The commissioner must provide funding
3.3for the Minnesota Conservation Corps to
3.4provide learning stipends for deaf students
3.5and wages for interpreters participating in
3.6the MCC summer youth program."
3.7Page 76, line 34, delete "28,142,000" and insert "29,002,000" and delete
3.8"28,594,000" and insert "29,794,000"
3.9Page 77, line 3, delete "3,784,000" and insert "4,644,000" and delete "3,835,000"
3.10and insert "5,035,000"
3.11Page 77, delete lines 19 and 20
3.12Page 77, line 30, after "is" insert "from the workers compensation fund"
3.13Page 77, line 34, delete "1,769,000" and insert "2,629,000" and delete "1,795,000"
3.14and insert "2,995,000"
3.15Page 78, line 2, delete "1,004,000" and insert "1,864,000" and delete "1,014,000"
3.16and insert "2,214,000"
3.17Page 78, line 11, delete "$300,000 each year" and insert "$360,000 the first year
3.18and $300,000 the second year"
3.19Page 78, line 12, after "enforcement" insert "of which $60,000 in the first year is for
3.20outreach and survey participation improvements"
3.21Page 91, delete section 14
3.22Page 94, after line 8, insert:

3.23    "Section 1. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
3.24PRESENCE OF LIQUOR.
3.25     No minor under the age of 18 shall be employed in any rooms constituting the place
3.26in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
3.27tasks involving the serving, dispensing, or handling of such liquors that are consumed on
3.28the premises except that:
3.29     (1) minors who have reached the age of 16 may be employed to perform busing or
3.30dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where
3.31the presence of intoxicating liquor is incidental to food service or preparation;
3.32     (2) minors who have reached the age of 16 may be employed to perform busing or
3.33dishwashing services or to provide waiter or waitress service in rooms or areas where the
3.34presence of 3.2 percent malt liquor is incidental to food service or preparation;
4.1     (3) minors who have reached the age of 16 may be employed to provide musical
4.2entertainment in those rooms or areas where the presence of intoxicating liquor and 3.2
4.3percent malt liquor is incidental to food service or preparation; and
4.4     (4) minors are not prevented from working at tasks which are not prohibited by law
4.5in establishments where liquor is sold, served, dispensed, or handled in those rooms or
4.6areas where no liquor is consumed or served."
4.7Page 98, lines 8 to 18, reinstate the stricken language and delete the new language
4.8Page 98, lines 22 to 36, reinstate the stricken language and delete the new language
4.9Page 99, lines 1 to 6, reinstate the stricken language and delete the new language
4.10Page 99, line 8, delete "September 30, 2007" and insert "January 1, 2006"
4.11Page 105, after line 2, insert:

4.12    "Sec. 2. EFFECT ON RULES.
4.13    The commissioner of labor and industry shall amend Minnesota Rules, part
4.145200.0910, to conform to Minnesota Statutes, section 181A.115. The commissioner
4.15may use the good cause exemption in Minnesota Statutes, section 14.388, in adopting
4.16the amendment required by this section."
4.17Page 105, line 21, strike "and" and after "181.79," insert "181.932, and 181.9325,"
4.18Page 105, after line 29, insert:

4.19    "Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read:
4.20    Subd. 5. Civil actions. (a) The commissioner may bring an action in the district
4.21court where an employer resides or where the commissioner maintains an office to enforce
4.22or require compliance with orders issued under subdivision 4.
4.23    (b) If the district court determines that a violation of section 181.932 or 181.9325
4.24occurred, the court may order any appropriate relief, including but not limited to
4.25reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
4.26damages, and the expungement of any adverse records of state employee or applicant
4.27for state employment who was the subject of the alleged acts of misconduct, and any
4.28appropriate relief as described in section 181.936."
4.29Page 106, after line 17, insert:

4.30    "Sec. 3. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision
4.31to read:
4.32    Subd. 11. Investigation of certain complaints. (a) The commissioner shall
4.33conduct an investigation of any matter that alleges improper activity through a violation
4.34of sections 181.932 and 181.9325. The identity of the person providing the information
4.35that initiated the investigation shall be classified as private data, pursuant to section 13.02,
5.1subdivision 12, except that the identity may be disclosed to a law enforcement agency
5.2that is conducting a criminal investigation of the matter.
5.3    (b) For each investigation completed, if the commissioner determines that there
5.4is reasonable cause to believe that an employer has engaged in any improper activity,
5.5the commissioner shall report the nature and details of the activity to the head of
5.6the employing agency or the appropriate appointing authority. If appropriate, the
5.7commissioner shall report this information to the attorney general, the policy committees
5.8of the house of representatives and senate having jurisdiction over the subject involved,
5.9and to any other authority that the commissioner deems appropriate. In any case in
5.10which the commissioner submits a report of alleged improper activity to the head of the
5.11employing agency or appropriate appointing authority, that individual shall report to the
5.12commissioner with respect to any action taken by the individual regarding the activity, the
5.13first report being transmitted no later than 30 days after the date of the auditor's report,
5.14and monthly thereafter until final action has been taken.
5.15    (c) This subdivision shall not limit any authority conferred upon the attorney general
5.16or other department or agency of government to investigate and prosecute any matter.
5.17    (d) The commissioner shall have all the powers and authority described in this
5.18section to conduct investigations pursuant to this subdivision.

5.19    Sec. 4. [177.275] INVESTIGATION PROCEDURE.
5.20    (a) The commissioner shall initiate an investigation of a written complaint of reprisal
5.21or retaliation as prohibited by section 181.932 or 181.9325 within ten working days of
5.22its submission. The commissioner shall complete findings of the investigation within 60
5.23working days thereafter, and shall provide a copy of the findings to the complaining
5.24employee or applicant for employment and to the appropriate supervisor, manager,
5.25employee, or appointing authority. When the allegations contained in a complaint of
5.26reprisal or retaliation are the same as, or similar to, those contained in another appeal, the
5.27commissioner may consolidate the appeals into the most appropriate format. In these
5.28cases, the time limits described in this subdivision shall not apply.
5.29    (b) If the commissioner finds that the supervisor, manager, employee, or appointing
5.30power retaliated against the complainant for engaging in protected whistle-blower
5.31activities, the commissioner may issue a compliance order under section 177.27,
5.32subdivision 4.
5.33    (c) In order for the governor and the legislature to determine the need to continue
5.34or modify state personnel procedures as they relate to the investigations of reprisals or
5.35retaliation for the disclosure of information by public employees, the commissioner, by
6.1June 30 of each year, shall submit a report to the governor and the legislature regarding
6.2complaints filed, hearings held, and legal actions taken under this section."
6.3Page 108, after line 20, insert:

6.4    "Section 1. [181.723] DEFINITIONS.
6.5    Subdivision 1. Scope. The definitions in this subdivision apply to this section.
6.6    (a) "Person" means any individual, limited liability corporation, corporation,
6.7partnership, incorporated or unincorporated association, sole proprietorship, joint stock
6.8company, or any other legal or commercial entity.
6.9    (b) "Department" means the Department of Labor and Industry.
6.10    (c) "Commissioner" means the commissioner of labor and industry or a duly
6.11designated representative of the commissioner who is either an employee of the
6.12Department of Labor and Industry or person working under contract with the Department
6.13of Labor and Industry.
6.14    (d) "Individual" means a human being.
6.15    (e) "Day" means calendar day unless otherwise provided.
6.16    (f) "Knowingly" means knew or could have known with the exercise of reasonable
6.17diligence.
6.18    (g) "Document" or "documents" includes papers; books; records; memoranda; data;
6.19contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
6.20records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
6.21maintained in any form or manner.
6.22    Subd. 2. Limited application. This section only applies to individuals performing
6.23public or private sector commercial or residential building construction or improvement
6.24services.
6.25    Subd. 3. Employee-employer relationship. Except as provided in subdivision
6.264, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
6.27individual who performs services for a person that are in the course of the person's trade,
6.28business, profession, or occupation is an employee of that person and that person is an
6.29employer of the individual.
6.30    Subd. 4. Independent contractor. An individual is an independent contractor and
6.31not an employee of the person for whom the individual is performing services in the course
6.32of the person's trade, business, profession, or occupation only if (a) the individual holds
6.33a current independent contractor exemption certificate issued by the commissioner; and
6.34(b) the individual is performing services for the person under the independent contractor
6.35exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b)
7.1must be met in order to qualify as an independent contractor and not as an employee of
7.2the person for whom the individual is performing services in the course of the person's
7.3trade, business, profession, or occupation.
7.4    Subd. 5. Application. To obtain an independent contractor exemption certificate,
7.5the individual must submit, in the manner prescribed by the commissioner, a complete
7.6application and the certificate fee required under subdivision 14.
7.7    (a) A complete application must include all the following information:
7.8    (1) the individual's full name;
7.9    (2) the individual's residence address and telephone number;
7.10    (3) the individual's business name, address, and telephone number;
7.11    (4) the services for which the individual is seeking an independent contractor
7.12exemption certificate;
7.13    (5) the individual's Social Security number;
7.14    (6) the individual's or the individual's business federal employer identification
7.15number, if a number has been issued to the individual or the individual's business;
7.16    (7) any information or documentation that the commissioner requires by rule that
7.17will assist the department in determining whether to grant or deny the individual's
7.18application; and
7.19    (8) The individual's sworn statement that the individual meets all of the following
7.20conditions:
7.21    (i) the individual maintains a separate business with the individual's own office,
7.22equipment, materials, and other facilities;
7.23    (ii) the individual holds or has applied for a federal employer identification number
7.24or has filed business or self-employment income tax returns with the federal Internal
7.25Revenue Service if the person has performed services in the previous year for which the
7.26individual is seeking the independent contractor exemption certificate;
7.27    (iii) the individual operates under contracts to perform specific services for specific
7.28amounts of money and under which the individual controls the means of performing the
7.29services;
7.30    (iv) the individual incurs the main expenses related to the service that the individual
7.31performs under contract;
7.32    (v) the individual is responsible for the satisfactory completion of services that the
7.33individual contracts to perform and is liable for a failure to complete the service;
7.34    (vi) the individual receives compensation for service performed under a contract on
7.35a commission or per-job or competitive bid basis and not on any other basis;
8.1    (vii) the individual may realize a profit or suffer a loss under contracts to perform
8.2service;
8.3    (viii) the individual has continuing or recurring business liabilities or obligations; and
8.4    (ix) the success or failure of the individual's business depends on the relationship of
8.5business receipts to expenditures.
8.6    (b) Within 30 days of receiving a complete application and the certificate fee, the
8.7commissioner must either grant or deny the application. The commissioner may deny
8.8an application for an independent contractor exemption certificate if the individual has
8.9not submitted a complete application and certificate fee or if the individual does not
8.10meet all of the conditions for holding the independent contractor exemption certificate.
8.11The commissioner may revoke an independent contractor exemption certificate if the
8.12commissioner determines that the individual no longer meets all of the conditions for
8.13holding the independent contractor exemption certificate, commits any of the actions
8.14set out in subdivision 7, or fails to cooperate with a department investigation into the
8.15continued validity of the individual's certificate. Once issued, an independent contractor
8.16exemption certificate remains in effect for two years unless:
8.17    (1) revoked by the commissioner; or
8.18    (2) canceled by the individual.
8.19    (c) If the department denies an individual's original or renewal application for
8.20an independent contractor exemption certificate or revokes an independent contractor
8.21exemption certificate, the commissioner shall issue to the individual an order denying or
8.22revoking the certificate. The commissioner may issue an administrative penalty order to
8.23an individual or person who commits any of the actions set out in subdivision 7.
8.24    (d) An individual or person to whom the commissioner issues an order under
8.25paragraph (c) shall have 30 days after service of the order to request a hearing. The request
8.26for hearing must be in writing and must be served on or faxed to the commissioner at the
8.27address or fax number specified in the order by the 30th day after service of the order.
8.28If the individual does not request a hearing or if the individual's request for a hearing is
8.29not served on or faxed to the commissioner by the 30th day after service of the order, the
8.30order shall become a final order of the commissioner and will not be subject to review
8.31by any court or agency. The date on which a request for hearing is served by mail shall
8.32be the postmark date on the envelope in which the request for hearing is mailed. If the
8.33individual serves or faxes a timely request for hearing, the hearing shall be a contested
8.34case hearing and shall be held in accordance with chapter 14.
8.35    Subd. 6. Qualifications for exemption certificate. An individual is performing
8.36services for a person under an independent contractor exemption certificate if:
9.1    (a) the individual is performing services listed on the individual's independent
9.2contractor exemption certificate;
9.3    (b) at the time the individual is performing services listed on the individual's
9.4independent contractor exemption certificate, the individual meets all the following
9.5conditions:
9.6    (1) the individual maintains a separate business with the individual's own office,
9.7equipment, materials, and other facilities;
9.8    (2) the individual holds or has applied for a federal employer identification number
9.9or has filed business or self-employment income tax returns with the federal Internal
9.10Revenue Service if the individual performed services in the previous year for which the
9.11individual has the independent contractor exemption certificate;
9.12    (3) the individual is operating under contract to perform the specific services for
9.13the person for specific amounts of money and under which the individual controls the
9.14means of performing the services;
9.15    (4) the individual is incurring the main expenses related to the services that the
9.16individual is performing for the person under the contract;
9.17    (5) the individual is responsible for the satisfactory completion of the services
9.18that the individual has contracted to perform for the person and is liable for a failure
9.19to complete the services;
9.20    (6) the individual receives compensation from the person for the services performed
9.21under the contract on a commission or per-job or competitive bid basis and not on any
9.22other basis;
9.23    (7) the individual may realize a profit or suffers a loss under the contract to perform
9.24services for the person;
9.25    (8) the individual has continuing or recurring business liabilities or obligations; and
9.26    (9) the success or failure of the individual's business depends on the relationship of
9.27business receipts to expenditures.
9.28    Subd. 7. Prohibited activities. (a) An individual shall not:
9.29    (1) perform work as an independent contractor without first obtaining from the
9.30department an independent contractor exemption certificate;
9.31    (2) perform work as an independent contractor when the department has denied or
9.32revoked the individual's independent contractor exemption certificate;
9.33    (3) transfer to another individual or allow another individual to use the individual's
9.34independent contractor exemption certificate;
9.35    (4) alter or falsify an independent contractor exemption certificate;
9.36    (5) misrepresent the individual's status as an independent contractor; or
10.1    (6) make a false material statement, representation, or certification; omit material
10.2information; or alter, conceal, or fail to file a document required by this section or any rule
10.3promulgated by the commissioner under rulemaking authority set out in this section.
10.4    (b) A person for whom an individual is performing services shall not:
10.5    (1) require an individual through coercion, misrepresentation, or fraudulent means to
10.6adopt independent contractor status;
10.7    (2) knowingly misrepresent that an individual who has not been issued an
10.8independent contractor exemption certificate or is not performing services for the person
10.9under an independent contractor exemption certificate is an independent contractor; or
10.10    (3) make a false material statement, representation, or certification; omit material
10.11information; or alter, conceal, or fail to file a document required by this section or any rule
10.12promulgated by the commissioner under rulemaking authority set out in this section.
10.13    (c) A person for whom an individual is performing services must obtain a copy of the
10.14individual's independent contractor exemption certificate before services may commence.
10.15A copy of the independent contractor exemption certificate must be retained for five years
10.16from the date of receipt by the person for whom an individual is performing services.
10.17    Subd. 8. Remedies. (a) An individual or person who violates any provision of
10.18subdivision 7 is subject to a penalty to be assessed by the department of up to $1,000 for
10.19each violation. The department shall deposit penalties in the assigned risk safety account.
10.20    (b) An individual who has been injured by a violation of subdivision 7, paragraph
10.21(b), may bring a civil action for damages against the violator. If the individual is
10.22determined to be an employee or an independent contractor considered an employee of
10.23the violator of subdivision 7, paragraph (b), the employee's representative as defined in
10.24section 179.01, subdivision 5, may bring a civil action for damages against the violator
10.25on behalf of the employee. In addition to damages the court may award attorney fees,
10.26costs, and disbursements to a recovery under this provision.
10.27    (c) Any court finding that a violation of subdivision 7 has occurred shall
10.28transmit a copy of its findings of fact and conclusion of law to the commissioner. The
10.29commissioner shall report the findings to the relevant state and federal agencies, including
10.30the commissioner of commerce, the commissioner of employment and economic
10.31development, the commissioner of revenue, the federal Internal Revenue Service, and the
10.32United States Department of Labor.
10.33    Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
10.34section, the commissioner may:
10.35    (1) administer oaths and affirmations, certify official acts, interview, question, take
10.36oral or written statements, and take depositions;
11.1    (2) request, examine, take possession of, photograph, record, and copy any
11.2documents, equipment, or materials;
11.3    (3) at a time and place indicated by the commissioner, request persons to appear
11.4before the commissioner to give testimony and produce documents, equipment, or
11.5materials;
11.6    (4) issue subpoenas to compel persons to appear before the commissioner to give
11.7testimony and produce documents, equipment, or materials; and
11.8    (5) with or without notice, enter without delay upon any property, public or private,
11.9for the purpose of taking any action authorized under this subdivision or the applicable
11.10law, including obtaining information or conducting inspections or investigations.
11.11    (b) Persons requested by the commissioner to give testimony or produce documents,
11.12equipment, or materials shall respond within the time and in the manner specified by the
11.13commissioner. If no time to respond is specified in the request, then a response shall be
11.14submitted within 30 days of the commissioner's service of the request.
11.15    (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
11.16owner's representative, or lessee's representative to permit the commissioner's entry onto
11.17property as provided in paragraph (a), the commissioner may apply for an administrative
11.18inspection order in the Ramsey County District Court or, at the commissioner's discretion,
11.19in the district court in the county in which the property is located. The commissioner may
11.20anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
11.21property owner's representative, or lessee's representative has refused to permit entry on a
11.22prior occasion or has informed the commissioner that entry will be refused. Upon showing
11.23of administrative probable cause by the commissioner, the district court shall issue an
11.24administrative inspection order that compels the property owner or lessee to permit the
11.25commissioner to enter the property for the purposes specified in paragraph (a).
11.26    (d) Upon the application of the commissioner, a district court shall treat the failure of
11.27any person to obey a subpoena lawfully issued by the commissioner under this subdivision
11.28as a contempt of court.
11.29    Subd. 10. Notice requirements. Unless otherwise specified, service of a document
11.30on a person under this section or section 326B.083 may be by mail, by personal service,
11.31or in accordance with any consent to service filed with the commissioner. Service by
11.32mail shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
11.33subpart 2. Personal service shall be accomplished in the manner provided in Minnesota
11.34Rules, part 1400.5550, subpart 3.
11.35    Subd. 11. Facsimile; timely service. When this section or section 326B.083
11.36permits a request for reconsideration or request for hearing to be served by facsimile on
12.1the commissioner, the facsimile shall not exceed 15 pages in length. The request shall be
12.2considered timely served if the facsimile is received by the commissioner, at the facsimile
12.3number identified by the commissioner in the order or notice of violation, no later than
12.44:30 p.m. central time on the last day permitted for faxing the request. Where the quality
12.5or authenticity of the faxed request is at issue, the commissioner may require the original
12.6request to be filed. Where the commissioner has not identified quality or authenticity
12.7of the faxed request as an issue and the request has been faxed in accordance with this
12.8subdivision, the person faxing the request does not need to file the original request with
12.9the commissioner.
12.10    Subd. 12. Time period computation. In computing any period of time prescribed
12.11or allowed by this section, the day of the act, event, or default from which the designated
12.12period of time begins to run shall not be included. The last day of the period so computed
12.13shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
12.14period runs until the next day which is not a Saturday, Sunday, or legal holiday.
12.15    Subd. 13. Rulemaking. The commissioner may, in consultation with the
12.16commissioner of revenue and the commissioner of employment and economic
12.17development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
12.18of chapter 14 that relate to the commissioner's responsibilities under this section. This
12.19subdivision is effective the day following final enactment.
12.20    Subd. 14. Fee. The certificate fee for the original application and for the renewal
12.21of an independent contractor exemption certificate shall be $150. The certificate fee is
12.22appropriated to the commissioner for payment of the costs related to administering and
12.23enforcing this section.
12.24    Subd. 15. Notice to commissioner; review by commissioner of revenue. When
12.25the commissioner has reason to believe that an individual who holds a certificate has failed
12.26to maintain all the conditions required by subdivision 3 or is not performing services for a
12.27person under the independent contractor exemption certificate, the commissioner must
12.28notify the commissioner of revenue and the commissioner of employment and economic
12.29development. Upon receipt of notification from the commissioner that an individual who
12.30holds a certificate has failed to maintain all the conditions required by subdivision 3
12.31or is not performing services for a person under the independent contractor exemption
12.32certificate, the commissioner of revenue must review the information returns required
12.33under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
12.34also review the submitted certification that is applicable to returns audited or investigated
12.35under section 289A.35.
13.1    Subd. 16. Data classified. Certifications issued by the commissioner are public data.
13.2Applications and required documentation submitted by individuals is private data on an
13.3individual. Upon request of the Department of Revenue or the Department of Employment
13.4and Economic Development, the commissioner may release to the Department of
13.5Revenue and the Department of Employment and Economic Development applications
13.6and required documentation submitted by individuals and investigative data that relates
13.7to the department's issuance or denial of applications and the department's revocations
13.8of certificates. Except as otherwise provided by this subdivision, the department's
13.9investigative data shall be classified as provided in chapter 13.
13.10EFFECTIVE DATE.This section is effective July 1, 2008.

13.11    Sec. 5. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
13.12    Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
13.13threaten, otherwise discriminate against, or penalize an employee regarding the employee's
13.14compensation, terms, conditions, location, or privileges of employment because:
13.15    (a) the employee, or a person acting on behalf of an employee, in good faith, reports
13.16a violation or suspected violation of any federal or state law or rule adopted pursuant
13.17to law to an employer or to any governmental body or law enforcement official and
13.18the alleged violation involves a matter of public concern, including, but not limited to,
13.19violations that create a specific danger to the public health, safety, or environment;
13.20    (b) the employee is requested by a public body or office to participate in an
13.21investigation, hearing, inquiry;
13.22    (c) the employee refuses an employer's order to perform an action that the employee
13.23has an objective basis in fact to believe violates any state or federal law or rule or
13.24regulation adopted pursuant to law which violation the employee reasonably believes
13.25is a matter of public concern, including, but not limited to, violations that create a
13.26specific danger to the public health, safety, or environment, and the employee informs the
13.27employer that the order is being refused for that reason; or
13.28    (d) the employee, in good faith, reports a situation in which the quality of health care
13.29services provided by a health care facility, organization, or health care provider violates a
13.30standard established by federal or state law or a professionally recognized national clinical
13.31or ethical standard and potentially places the public at risk of harm.;
13.32    (e) the employee refuses to alter, dilute, or suppress the objective representation or
13.33communication of scientific or technical data or findings, including but not limited to,
13.34findings of economic or environmental impact, public health and public safety; or
14.1    (f) the employee communicates the findings of a scientific or technical study that
14.2the employee, in good faith, believes to be truthful and accurate, including reports to a
14.3governmental body or law enforcement official.

14.4    Sec. 6. [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE
14.5WITH DISCLOSURE OF INFORMATION.
14.6    (a) An employer may not directly or indirectly use or attempt to use the employer's
14.7official authority or influence for the purpose of intimidating, threatening, coercing, or
14.8attempting to intimidate, threaten, or coerce any person for the purpose of interfering with
14.9the rights described in section 181.932, or for the purpose of persuading the person to
14.10waive or disclaim any other legal rights related to the person's employment.
14.11    (b) For purposes of this section, "use of official authority or influence" includes:
14.12promising to confer, or conferring, any benefit; effecting, or threatening to effect, any
14.13reprisal; or taking, or directing others to take, or recommending, processing, or approving,
14.14any personnel action, including but not limited to appointment, promotion, transfer,
14.15assignment, performance evaluation, suspension, or other disciplinary action.

14.16    Sec. 7. Minnesota Statutes 2006, section 181.935, is amended to read:
14.17181.935 INDIVIDUAL REMEDIES; PENALTY.
14.18    (a) In addition to any remedies otherwise provided by law, an employee injured
14.19by a violation of section 181.932 or 181.9325 may bring a civil action to recover any
14.20and all damages recoverable at law, together with costs and disbursements, including
14.21reasonable attorney's fees, and may receive such injunctive and other equitable relief as
14.22determined by the court.
14.23    (b) An employer who failed to notify, as required under section 181.933 or 181.934,
14.24an employee injured by a violation of section 181.932 is subject to a civil penalty of $25
14.25per day per injured employee not to exceed $750 per injured employee.

14.26    Sec. 8. [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER
14.27GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES.
14.28    (a) A state employee or applicant for state employment who files a written complaint
14.29with the employee's or applicant's supervisor, manager, or the appointing power alleging
14.30actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts
14.31prohibited by section 181.9325, may also file a copy of the written complaint with the
14.32commissioner of labor and industry, together with a sworn statement that the contents of
14.33the written complaint are true, or are believed by the affiant to be true, under penalty of
14.34perjury. The complaint filed with the commissioner shall be filed within 12 months of the
14.35most recent act of reprisal complained about.
15.1    (b) Any person who intentionally engages in acts of reprisal, retaliation, threats,
15.2coercion, or similar acts against a state employee or applicant for state employment for
15.3having made a protected disclosure under section 181.932, is subject to a fine not to
15.4exceed $10,000 and imprisonment in the county jail for a period not to exceed one year.
15.5    (c) In addition to all other penalties provided by law, any person who intentionally
15.6engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a state
15.7employee or applicant for state employment for having made a protected disclosure shall
15.8be liable in an action for damages brought against the person by the injured party. Punitive
15.9damages may be awarded by the court where the acts of the offending party are proven to
15.10be malicious. Where liability has been established, the injured party shall also be entitled
15.11to reasonable attorney fees as provided by law. However, any action for damages shall not
15.12be available to the injured party unless the injured party has first filed a complaint with the
15.13commissioner of labor and industry under paragraph (a), and the department has issued, or
15.14failed to issue, findings under section 177.275.
15.15    (d) This section is not intended to prevent an appointing power, manager, or
15.16supervisor from taking, directing others to take, recommending, or approving any
15.17personnel action or from taking or failing to take a personnel action with respect to any
15.18state employee or applicant for state employment if the appointing power, manager, or
15.19supervisor reasonably believes any action or inaction is justified on the basis of evidence
15.20separate and apart from the fact that the person has made a protected disclosure under
15.21section 181.932.
15.22    (e) In any civil action or administrative proceeding, once it has been demonstrated
15.23by a preponderance of evidence that an activity protected by this section and sections
15.241 to 7 was a contributing factor in the alleged retaliation against a former, current, or
15.25prospective employee, the burden of proof shall be on the supervisor, manager, or
15.26appointing power to demonstrate by clear and convincing evidence that the alleged action
15.27would have occurred for legitimate, independent reasons even if the employee had not
15.28engaged in protected disclosures or refused an illegal order. If the supervisor, manager,
15.29or appointing power fails to meet this burden of proof in an adverse action against the
15.30employee in any administrative review, challenge, or adjudication in which retaliation
15.31has been demonstrated to be a contributing factor, the employee shall have a complete
15.32affirmative defense in the adverse action.
15.33    (f) Nothing in this section and sections 1 to 7 shall be deemed to diminish the rights,
15.34privileges, or remedies of any employee under any other federal or state law or under any
15.35employment contract or collective bargaining agreement."
15.36Page 111, line 12, before "Minnesota" insert "(a)"
16.1Page 112, line 11, after "Fame" insert "Museum"
16.2Page 114, line 12, after "Building" insert "and shall be signed as such at every
16.3entrance"