HF 2995

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 04:27pm

A bill for an act
relating to labor and industry; making housekeeping changes; modifying
employment agents, construction codes and licensing, and combative sports;
amending Minnesota Statutes 2014, sections 184.38, subdivision 17; 326B.095;
326B.133, subdivision 8; 326B.164, subdivisions 1, 3, 6, 7; 326B.439; 326B.49,
subdivision 1; 326B.91, subdivisions 3, 6; 326B.92, subdivision 2; 326B.921,
subdivisions 1, 2, 3, 4, 6, 7; 326B.922; 326B.925, subdivision 1; Minnesota
Statutes 2015 Supplement, sections 184.41; 326B.13, subdivision 8; 326B.46,
subdivision 2; 326B.921, subdivision 5; 341.321; repealing Minnesota Rules,
parts 5200.0780; 5226.0100; 5226.0200; 5226.0300.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 184.38, subdivision 17, is amended to read:

Subd. 17.

Applicant information restrictions; agency shutdown requirements.

Except for applicant information given in the course of normal agency operations, no
employment agent shall voluntarily sell, give, or otherwise transfer any files, records, or
other information relating to its employment agency applicants and employers to any
person other than deleted text begin a licensed deleted text end new text begin an new text end employment agent deleted text begin or a person who agrees to obtain an
employment agency license deleted text end . Every employment agent who ceases to engage in the
business of or act as an employment agent shall notify the department of such fact within
30 days thereof, and shall advise the department as to the disposition of all files and other
records relating to its employment agency business.

Sec. 2.

Minnesota Statutes 2015 Supplement, section 184.41, is amended to read:

184.41 VIOLATIONS.

deleted text begin Any person who engages in the business of or acts as an employment agent or
counselor and any deleted text end new text begin (a) An new text end employment agent, manager, or counselor who violates the
provisions of this chapter is guilty of a misdemeanor.

new text begin (b) new text end In addition to the penalties for commission of a misdemeanor, the department
may bring an action for an injunction against any employment agent, manager, or
counselor who violates the applicable provisions of this chapter.

Sec. 3.

Minnesota Statutes 2014, section 326B.095, is amended to read:

326B.095 INCOMPLETE LICENSE APPLICATIONS.

This section applies to both applications for initial licenses and license renewal
applications. If the department determines that an application is incomplete, the
department must notify the applicant of the deficiencies that must be corrected in
order to complete the application. If the applicant wishes to complete the application,
the department must receive the completed application within 90 days after the date
the department mailed or delivered the incomplete application to the applicant. If the
department does not receive the completed application by this deadline, the commissioner
deleted text begin must deleted text end new text begin may new text end deny the application and the applicant will forfeit all fees except as provided
in section 326B.092, subdivision 6. new text begin Denial of an application under this section does not
require the issuance of a licensing order. new text end If the application is for license renewal and
the department receives the corrected application after the license has expired, then the
corrected application must be accompanied by the late fee.

Sec. 4.

Minnesota Statutes 2015 Supplement, section 326B.13, subdivision 8, is
amended to read:

Subd. 8.

Effective date of rules.

A rule to adopt or amend the State Building Code
is effective 270 days after publication of the rule's notice of adoption in the State Register.
The rule may provide for a later effective date. The rule may provide for an earlier effective
date if the commissioner new text begin or board new text end proposing the rule finds that an earlier effective date is
necessary to protect public health and safety after considering, among other things, the need
for time for training of individuals to comply with and enforce the rule. The commissioner
must publish an electronic version of the entire adopted rule chapter on the department's
Web site within ten days of receipt from the revisor of statutes. The commissioner shall
clearly indicate the effective date of the rule on the department's Web site.

Sec. 5.

Minnesota Statutes 2014, section 326B.133, subdivision 8, is amended to read:

Subd. 8.

Continuing education requirements; extension of time.

(a) This
subdivision establishes the number of continuing education deleted text begin units deleted text end new text begin hours new text end required within
each two-year certification period.

A certified building official shall accumulate deleted text begin 16 deleted text end new text begin 38 hours of new text end continuing education
deleted text begin units deleted text end in any education program that is approved under Minnesota Rules, part 1301.1000.

A certified building official-limited shall deleted text begin , in each year of the initial two-year
certification period, deleted text end accumulate deleted text begin eight deleted text end new text begin 38 hours of new text end continuing education deleted text begin units deleted text end in any
education program that is approved under Minnesota Rules, part 1301.1000. deleted text begin Continuing
education units shall be reported annually during the initial two-year certification period
by the method established in rule. A certified building official-limited shall accumulate
16 continuing education units for each two-year certification period thereafter in any
education program that is approved under Minnesota Rules, part 1301.1000.
deleted text end

An accessibility specialist must accumulate deleted text begin four deleted text end new text begin nine hours of approved new text end continuing
education deleted text begin units deleted text end new text begin hours new text end in any of the new text begin education new text end programs deleted text begin described in deleted text end new text begin that are provided
under new text end Minnesota Rules, part 1301.1000, subpart 1 or 2. The deleted text begin four units deleted text end new text begin nine hours new text end must be
deleted text begin for deleted text end new text begin in new text end courses relating to building accessibility, plan review, field inspection, or building
code administration.

Continuing education programs may be approved as established in rule.

(b) Subject to sections 326B.101 to 326B.194, the commissioner may by rule
establish or approve continuing education programs for 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 to renew
certification.

(c) The state building official may grant an extension of time to comply with
continuing education requirements if the certificate holder requesting the extension of
time shows cause for the extension. The request for the extension must be in writing. For
purposes of this section, the certificate holder's current certification effective dates shall
remain the same. The extension does not relieve the certificate holder from complying
with the continuing education requirements for the next two-year period.

Sec. 6.

Minnesota Statutes 2014, section 326B.164, subdivision 1, is amended to read:

Subdivision 1.

Master elevator constructor.

(a) Except as otherwise provided by
law, no individual shall perform or supervise elevator work, unless:

(1) the individual is licensed by the commissioner as a master elevator constructor;
and

(2) the elevator work is for a licensed elevator contractor and the individual is an
employee, partner, or officer of, or is the licensed contractor.

(b) An applicant for a master elevator constructor license shall:

(1) have at least one year of experience, acceptable to the commissioner, as a
licensed journeyman elevator constructor; or

(2) have at least six years' experience, acceptable to the commissioner, in planning
for, laying out, supervising, and installing apparatus, equipment, and wiring for elevators.

deleted text begin (c) Individuals licensed as master elevator constructors under section 326B.33,
subdivision 11, as of December 31, 2013, shall not be required to pass an examination
under this section but, effective January 1, 2014, shall be subject to the requirements of
sections 326B.163 to 326B.191.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end Except for the initial license term, as a condition of license renewal, master
elevator constructors must attain a minimum of 16 hours of continuing education credit
approved by the commissioner every renewal period. Not less than 12 hours shall be based
on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
be based on the National Electrical Code.

Sec. 7.

Minnesota Statutes 2014, section 326B.164, subdivision 3, is amended to read:

Subd. 3.

Journeyman elevator constructor.

(a) Except as otherwise provided
by law, no individual shall perform and supervise elevator work except for planning or
laying out of elevator work, unless:

(1) the individual is licensed by the commissioner as a journeyman elevator
constructor; and

(2) the elevator work is for an elevator contractor, and the individual is an employee,
partner, or officer of the licensed elevator contractor.

(b) An applicant for a journeyman elevator constructor license shall have completed
a four-year elevator mechanics apprenticeship registered with the United States
Department of Labor or worked at least 9,000 hours in five consecutive years for a
licensed elevator contractor, acceptable to the commissioner, installing, maintaining,
modernizing, testing, wiring, and repairing elevators.

deleted text begin (c) Individuals licensed as journeyman elevator constructors under section 326B.33,
subdivision 8, as of December 31, 2013, shall not be required to pass an examination
under this section but, effective January 1, 2014, shall be subject to the requirements of
sections 326B.163 to 326B.191.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end As a condition of license renewal, journeyman elevator constructors
must attain a minimum of 16 hours of continuing education credit approved by the
commissioner every renewal period. Not less than 12 hours shall be based on the
Minnesota Elevator Code or elevator technology, and not less than four hours shall be
based on the National Electrical Code.

Sec. 8.

Minnesota Statutes 2014, section 326B.164, subdivision 6, is amended to read:

Subd. 6.

Registration of unlicensed individuals.

(a) Unlicensed individuals
performing elevator work for a contractor shall register with the department in the manner
prescribed by the commissioner. Experience credit for elevator work performed in
Minnesota after January 1, 2009, by an applicant for a license identified in this section
shall not be granted where the applicant has not registered with the department or is
not licensed by the department.

(b) As a condition of renewal of registration, unlicensed individuals shall attain a
minimum of two hours of continuing education credit, approved by the commissioner,
every renewal period. The continuing education course shall be based on the Minnesota
Elevator Code or elevator technology.

deleted text begin (c) Individuals registered under section 326B.33, subdivision 13, whose registration
expires after July 31, 2013, shall be subject to the registration requirements of this
subdivision and the requirements of sections 326B.163 to 326B.191.
deleted text end

Sec. 9.

Minnesota Statutes 2014, section 326B.164, subdivision 7, is amended to read:

Subd. 7.

Contractor's license required.

deleted text begin (a) deleted text end No individual, other than an employee,
partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision
10, shall perform or offer to perform elevator work with or without compensation, unless
the individual obtains a contractor's license. A contractor's license does not of itself
qualify its holder to perform or supervise the elevator work authorized by holding any
class of personal license.

deleted text begin (b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013,
shall not be required to comply with this subdivision.
deleted text end

Sec. 10.

Minnesota Statutes 2014, section 326B.439, is amended to read:

326B.439 BAN ON LEAD IN PLUMBING.

Lead pipe, solders and flux containing more than 0.2 percent lead, and pipes
and pipe fittings containing more than deleted text begin eight deleted text end new text begin 0.25 new text end percent lead shall not be used in any
plumbing installation which conveys a potable water supply. A Minnesota seller of lead
solder, except for a seller whose primary business is contracting in plumbing, heating,
and air conditioning, shall not sell any solder containing 0.2 percent lead unless the seller
displays a sign which states,

"Contains Lead

Minnesota law prohibits the use of this solder in any

plumbing installation which is connected to a potable water

supply."

Sec. 11.

Minnesota Statutes 2015 Supplement, section 326B.46, subdivision 2, is
amended to read:

Subd. 2.

Bond; insurance.

(a) The bond and insurance requirements of paragraphs
(b) and (c) apply to each person who performs or offers to perform plumbing work within
the state, including any person who offers to perform or performs sewer or water service
installation without a contractor's license. If the person performs or offers to perform any
plumbing work other than sewer or water service installation, then the person must meet
the requirements of paragraphs (b) and (c) as a condition of holding a contractor's license.

(b) Each person who performs or offers to perform plumbing work within the state
shall give and maintain bond to the state in the penal sum of at least $25,000 for (1) all
plumbing work entered into within the state or (2) all plumbing work and subsurface
sewage treatment work entered into within the state. If the bond is for both plumbing
work and subsurface sewage treatment work, the bond must comply with the requirements
of this section deleted text begin and deleted text end new text begin , new text end section 115.56, subdivision 2, paragraph (e) deleted text begin . The bond must comply
with deleted text end new text begin , and new text end section 326B.0921.

(c) Each person who performs or offers to perform plumbing work within the
state shall have and maintain in effect public liability insurance, including products
liability insurance with limits of at least $50,000 per person and $100,000 per occurrence
and property damage insurance with limits of at least $10,000. The insurance shall be
written by an insurer licensed to do business in the state of Minnesota. Each person who
performs or offers to perform plumbing work within the state shall maintain on file
with the commissioner a certificate evidencing the insurance. In the event of a policy
cancellation, the insurer shall send written notice to the commissioner at the same time
that a cancellation request is received from or a notice is sent to the insured.

Sec. 12.

Minnesota Statutes 2014, section 326B.49, subdivision 1, is amended to read:

Subdivision 1.

Application, examination, and license fees.

(a) Applications for
master and journeyman plumber's licenses shall be made to the commissioner, with
all fees required by section 326B.092. Unless the applicant is entitled to a renewal,
the applicant shall be licensed by the commissioner only after passing a satisfactory
examination developed and administered by the commissioner, based upon rules adopted
by the Plumbing Board, showing fitness.

(b) All deleted text begin initial deleted text end journeyman plumber's licenses shall deleted text begin be effective for more than one
calendar year and shall deleted text end expire on December 31 of deleted text begin the year after the year in which
the application is made deleted text end new text begin each odd-numbered year after issuance or renewal new text end . All master
plumber's licenses shall expire on December 31 of each even-numbered year after issuance
or renewal. deleted text begin The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of master and
journeyman plumber's licenses from one year to two years. By June 30, 2011, deleted text end All renewed
master and journeyman plumber's licenses shall be two-year licenses.

(c) Applications for contractor licenses shall be made to the commissioner, with all
fees required by section 326B.092. All contractor licenses shall expire on December 31 of
each odd-numbered year after issuance or renewal.

(d) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

(1) the following licenses shall be considered business licenses: plumbing contractor
and restricted plumbing contractor;

(2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;

(3) the following licenses shall be considered journeyman licenses: journeyman
plumber and restricted journeyman plumber; and

(4) the registration of an unlicensed individual under section 326B.47, subdivision 3,
shall be considered an entry level license.

(e) For each filing of a certificate of responsible individual by an employer, the
fee is $100.

(f) The commissioner shall charge each person giving bond under section 326B.46,
subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
licensed contractor.

Sec. 13.

Minnesota Statutes 2014, section 326B.91, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Contracting deleted text end new text begin Master new text end high pressure pipefitter.

" deleted text begin Contracting deleted text end new text begin Master new text end high
pressure pipefitter" means an individual, such as a steamfitter, engaged in the planning,
superintending, and practical installation of high pressure piping and appurtenances, and
otherwise lawfully qualified to construct high pressure piping installations and make
replacements to existing plants, who is also qualified to conduct the business of high
pressure piping installations and who is familiar with the laws, rules, and minimum
standards governing them.

Sec. 14.

Minnesota Statutes 2014, section 326B.91, subdivision 6, is amended to read:

Subd. 6.

Journeyman high pressure pipefitter.

"Journeyman high pressure
pipefitter" means an individual, such as a steamfitter, who is not a deleted text begin contracting deleted text end new text begin master new text end high
pressure pipefitter and who is engaged in the practical installation of high pressure piping
and appurtenances in the employ of a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter.

Sec. 15.

Minnesota Statutes 2014, section 326B.92, subdivision 2, is amended to read:

Subd. 2.

Permissive municipal regulation.

The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform inspections
and issue permits for the construction and installation of high pressure piping systems
within the municipality's geographical area of jurisdiction, if:

(a) The municipality has adopted:

(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
deleted text begin 5230.6200 deleted text end new text begin 5230.5920 new text end ;

(2) an ordinance that authorizes the municipality to issue permits to persons holding
a high pressure piping deleted text begin business deleted text end new text begin contractor new text end license issued by the department and only
for construction or installation that would, if performed properly, fully comply with all
Minnesota Statutes and Minnesota Rules;

(3) an ordinance that authorizes the municipality to perform the inspections that are
required under Minnesota Statutes or Minnesota Rules governing the construction and
installation of high pressure piping systems; and

(4) an ordinance that authorizes the municipality to enforce the code for power
piping systems in its entirety.

(b) The municipality agrees to issue permits only to persons holding a high pressure
piping deleted text begin business deleted text end new text begin contractor new text end license as required by law at the time of the permit issuance,
and only for construction or installation that would, if performed properly, comply with
all Minnesota Statutes and Minnesota Rules governing the construction or installation
of high pressure piping systems.

(c) The municipality agrees to issue permits only on forms approved by the
department.

(d) The municipality agrees that, for each permit issued by the municipality, the
municipality shall perform one or more inspections of the construction or installation to
determine whether the construction or installation complies with all Minnesota Statutes
and Minnesota Rules governing the construction or installation of high pressure piping
systems, and shall prepare a written report of each inspection.

(e) The municipality agrees to notify the commissioner within 24 hours after the
municipality discovers any violation of the licensing laws related to high pressure piping.

(f) The municipality agrees to notify the commissioner immediately if the
municipality discovers that any entity has failed to meet a deadline set by the municipality
for correction of a violation of the high pressure piping laws.

(g) The commissioner determines that the individuals who will conduct the
inspections for the municipality do not have any conflict of interest in conducting the
inspections.

(h) Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitters
or licensed journeyman high pressure pipefitters.

(i) The municipality agrees to notify the commissioner within ten days of any
changes in the names or qualifications of the individuals who conduct the inspections
for the municipality.

(j) The municipality agrees to enforce in its entirety the code for power piping
systems on all projects.

(k) The municipality shall not approve any piping installation unless the installation
conforms to all applicable provisions of the high pressure piping laws in effect at the
time of the installation.

(l) The municipality agrees to promptly require compliance or revoke a permit that
it has issued if there is noncompliance with any of the applicable provisions of the high
pressure piping laws in connection with the work covered by the permit. The municipality
agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
violated.

(m) The municipality agrees to keep official records of all documents received,
including permit applications, and of all permits issued, reports of inspections, and notices
issued in connection with inspections.

(n) The municipality agrees to maintain the records described in paragraph (m) in
the official records of the municipality for the period required for the retention of public
records under section 138.17, and shall make these records readily available for review
according to section 13.37.

(o) Not later than the tenth day of each month, the municipality shall submit to the
commissioner a report of all high pressure piping permits issued by the municipality during
the preceding month. This report shall be in a format approved by the commissioner
and shall include:

(1) the name of the contractor;

(2) the license number of the contractor's license issued by the commissioner;

(3) the permit number;

(4) the address of the job;

(5) the date the permit was issued;

(6) a brief description of the work; and

(7) the amount of the inspection fee.

(p) Not later than the 31st day of January of each year, the municipality shall submit
a summary report to the commissioner identifying the status of each high pressure piping
project for which the municipality issued a permit during the preceding year, and the
status of high pressure piping projects for which the municipality issued a permit during a
prior year where no final inspection had occurred by the first day of the preceding year.
This summary report shall include:

(1) the permit number;

(2) the date of any final inspection; and

(3) identification of any violation of high pressure piping laws related to work
covered by the permit.

(q) The municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the code for high pressure piping
systems or any of the ordinances described in paragraph (a), or if the commissioner
determines that the municipality is not properly administering and enforcing the code for
high pressure piping or is otherwise not complying with the agreement:

(1) the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement and have the administration and enforcement of
the high pressure piping code in the involved municipality undertaken by the department;

(2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and

(3) while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure piping
inspections are performed and permits are issued in accordance with the high pressure
piping laws.

(r) The municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner.

(s) The municipality and the commissioner agree that no municipality shall
revoke, suspend, or place restrictions on any high pressure piping license issued by the
commissioner. If the municipality identifies during an inspection any violation that
may warrant revocation, suspension, or placement of restrictions on a high pressure
piping license issued by the commissioner, the municipality shall promptly notify the
commissioner of the violation and the commissioner shall determine whether revocation,
suspension, or placement of restrictions on any high pressure piping license issued by
the commissioner is appropriate.

Sec. 16.

Minnesota Statutes 2014, section 326B.921, subdivision 1, is amended to read:

Subdivision 1.

License required; rules; time credit.

No individual shall engage in
or work at the business of a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter unless issued a
deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter license to do so by the department under rules
adopted by the board. No license shall be required for repairs on existing installations. No
individual shall engage in or work at the business of journeyman high pressure pipefitter
unless issued a journeyman high pressure pipefitter competency license to do so by the
department under rules adopted by the board. An individual possessing a deleted text begin contracting
deleted text end new text begin master new text end high pressure pipefitter competency license may also work as a journeyman high
pressure pipefitter.

No person shall construct or install high pressure piping, nor install high pressure
piping in connection with the dealing in and selling of high pressure pipe material and
supplies, unless, at all times, an individual possessing a deleted text begin contracting deleted text end new text begin master new text end high pressure
pipefitter competency license or a journeyman high pressure pipefitter competency license
is responsible for ensuring that the high pressure pipefitting work is in conformity with
Minnesota Statutes and Minnesota Rules.

The board shall prescribe rules, not inconsistent herewith, for the examination and
competency licensing of deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitters and journeyman
high pressure pipefitters.

An employee performing the duties of inspector for the department in regulating
pipefitting shall not receive time credit for the inspection duties when making an
application for a license required by this section.

Sec. 17.

Minnesota Statutes 2014, section 326B.921, subdivision 2, is amended to read:

Subd. 2.

High pressure pipefitting deleted text begin business deleted text end new text begin contractor new text end license.

Before obtaining a
permit for high pressure piping work, a person must obtain or utilize a deleted text begin business deleted text end new text begin contractor
new text end with a high pressure piping deleted text begin business deleted text end new text begin contractor new text end license.

A person must have at all times as a full-time employee at least one individual
holding a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter competency license. Only full-time
employees who hold deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter licenses are authorized to
obtain high pressure piping permits in the name of the deleted text begin business deleted text end new text begin contractor new text end . The deleted text begin contracting
deleted text end new text begin master new text end high pressure pipefitter competency license holder can be the employee of only
one high pressure piping deleted text begin business deleted text end new text begin contractor new text end at a time. An application for a high pressure
piping deleted text begin business deleted text end new text begin contractor new text end license shall include a verified statement that the applicant or
licensee has complied with this subdivision.

To retain its deleted text begin business deleted text end new text begin contractor new text end license without reapplication, a person holding
a high pressure piping deleted text begin business deleted text end new text begin contractor new text end license that ceases to employ an individual
holding a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter competency license shall have 60 days
from the last day of employment of its previous deleted text begin contracting deleted text end new text begin master new text end pipefitter competency
license holder to employ another license holder. The department must be notified no later
than five days after the last day of employment of the previous license holder.

No high pressure pipefitting work may be performed during any period when the
high pressure pipefitting deleted text begin business deleted text end new text begin contractor new text end does not have a deleted text begin contracting deleted text end new text begin master new text end high
pressure pipefitter competency license holder on staff. If a license holder is not employed
within 60 days after the last day of employment of the previous license holder, the
pipefitting deleted text begin business deleted text end new text begin contractor new text end license shall lapse.

The board shall prescribe by rule procedures for application for and issuance of
deleted text begin business deleted text end new text begin contractor new text end licenses.

Sec. 18.

Minnesota Statutes 2014, section 326B.921, subdivision 3, is amended to read:

Subd. 3.

Registration requirement.

All unlicensed individuals, other than
pipefitter apprentices, must be registered under subdivision 4. No licensed high pressure
piping deleted text begin business deleted text end new text begin contractor new text end shall employ an unlicensed individual to assist in the practical
construction and installation of high pressure piping and appurtenances unless the
unlicensed individual is registered with the department. A pipefitter apprentice or
registered unlicensed individual employed by a high pressure piping deleted text begin business deleted text end new text begin contractor
new text end may assist in the practical construction and installation of high pressure piping and
appurtenances only while under direct supervision of a licensed deleted text begin contracting deleted text end new text begin master new text end high
pressure pipefitter or licensed journeyman high pressure pipefitter employed by the same
high pressure piping deleted text begin business deleted text end new text begin contractor new text end . The licensed deleted text begin contracting deleted text end new text begin master new text end high pressure
pipefitter or licensed journeyman high pressure pipefitter shall supervise no more than two
pipefitter apprentices or registered unlicensed individuals. The licensed deleted text begin contracting deleted text end new text begin master
new text end high pressure pipefitter or journeyman high pressure pipefitter is responsible for ensuring
that all high pressure piping work performed by the pipefitter apprentice or registered
unlicensed individual complies with Minnesota Statutes and Minnesota Rules.

Sec. 19.

Minnesota Statutes 2014, section 326B.921, subdivision 4, is amended to read:

Subd. 4.

Registration with commissioner.

An unlicensed individual may register
to assist in the practical construction and installation of high pressure piping and
appurtenances while in the employ of a licensed high pressure piping deleted text begin business deleted text end new text begin contractor
new text end by completing and submitting to the commissioner a registration form provided by the
commissioner, with all fees required by section 326B.092. The board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals.

Applications for initial registration may be submitted at any time. Registration must
be renewed annually and shall be valid for one calendar year beginning January 1.

Sec. 20.

Minnesota Statutes 2015 Supplement, section 326B.921, subdivision 5,
is amended to read:

Subd. 5.

Bond.

As a condition of licensing, each applicant for a high pressure
piping deleted text begin business deleted text end new text begin contractor new text end license shall give and maintain a bond to the state in the
total sum of $15,000 conditioned upon the faithful and lawful performance of all work
contracted for or performed within the state. The bond shall run to and be for the benefit of
persons injured or suffering financial loss by reason of failure of payment or performance.
Claims and actions on the bond may be brought according to sections 574.26 to 574.38.

The term of the bond must be concurrent with the term of the high pressure
pipefitting deleted text begin business deleted text end new text begin contractor new text end license and run without interruption from the date of the
issuance of the license to the end of the calendar year. All high pressure pipefitting
deleted text begin business deleted text end new text begin contractor new text end licenses must be annually renewed on a calendar year basis.

The bond must be filed with the department and shall be in lieu of any other deleted text begin business
deleted text end new text begin contractor new text end license bonds required by any political subdivision for high pressure pipefitting.
The bond must be written by a corporate surety licensed to do business in the state.

Sec. 21.

Minnesota Statutes 2014, section 326B.921, subdivision 6, is amended to read:

Subd. 6.

Insurance.

In addition to the bond described in subdivision 5, each
applicant for a high pressure pipefitting deleted text begin business deleted text end new text begin contractor new text end license or renewal shall have
in force public liability insurance, including products liability insurance, with limits of at
least $100,000 per person and $300,000 per occurrence and property damage insurance
with limits of at least $50,000.

The insurance must be kept in force for the entire term of the high pressure pipefitting
deleted text begin business deleted text end new text begin contractor new text end license, and the license shall be suspended by the department if at any
time the insurance is not in force.

The insurance must be written by an insurer licensed to do business in the state and
shall be in lieu of any other insurance required by any subdivision of government for high
pressure pipefitting. Each person holding a high pressure pipefitting deleted text begin business deleted text end new text begin contractor
new text end license shall maintain on file with the department a certificate evidencing the insurance. In
the event of a policy cancellation, the insurer shall send written notice to the commissioner
at the same time that a cancellation request is received from or a notice is sent to the insured.

Sec. 22.

Minnesota Statutes 2014, section 326B.921, subdivision 7, is amended to read:

Subd. 7.

License, registration, and renewal fees.

For purposes of calculating
license, registration, and renewal fees required under section 326B.092:

(1) the registration of an unlicensed individual under subdivision 4 is an entry
level license;

(2) a journeyman high pressure pipefitter license is a journeyman license;

(3) a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter license is a master license; and

(4) a high pressure piping deleted text begin business deleted text end new text begin contractor new text end license is a business license.

Sec. 23.

Minnesota Statutes 2014, section 326B.922, is amended to read:

326B.922 LICENSE APPLICATION AND RENEWAL.

(a) Application for a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter, a journeyman high
pressure pipefitter, or a high pressure piping deleted text begin business deleted text end new text begin contractor new text end license shall be made to
the department, with all fees required by section 326B.092.

(b) The applicant for a deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter or a journeyman
high pressure pipefitter license shall be licensed only after passing an examination
developed and administered by the department in accordance with rules adopted by the
board.

(c) All initial deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter licenses, journeyman high
pressure pipefitter licenses, and high pressure piping deleted text begin business deleted text end new text begin contractor new text end licenses are
effective for more than one calendar year and expire on December 31 of the year after the
year in which the application is made. The commissioner shall in a manner determined by
the commissioner, without the need for any rulemaking under chapter 14, phase in the
renewal of deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitter, journeyman high pressure pipefitter,
and high pressure piping deleted text begin business deleted text end new text begin contractor new text end licenses from one year to two years. By June
30, 2012, all such licenses shall be two-year licenses.

Sec. 24.

Minnesota Statutes 2014, section 326B.925, subdivision 1, is amended to read:

Subdivision 1.

Composition.

(a) The Board of High Pressure Piping Systems
shall consist of 13 members. Twelve members shall be appointed by the governor with
the advice and consent of the senate and shall be voting members. Appointments of
members by the governor shall be made in accordance with section 15.066. If the senate
votes to refuse to consent to an appointment of a member made by the governor, the
governor shall appoint a new member with the advice and consent of the senate. One
member shall be the commissioner of labor and industry or the commissioner of labor and
industry's designee, who shall be a voting member. Of the 12 appointed members, the
composition shall be as follows:

(1) one member shall be a high pressure piping inspector;

(2) one member shall be a licensed mechanical engineer;

(3) one member shall be a representative of the high pressure piping industry;

(4) four members shall be deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitters engaged
in the business of high pressure piping, two from the metropolitan area and two from
greater Minnesota;

(5) two members shall be journeyman high pressure pipefitters engaged in the
business of high pressure piping systems installation, one from the metropolitan area
and one from greater Minnesota;

(6) one member shall be a representative of industrial companies that use high
pressure piping systems in their industrial process;

(7) one member shall be a representative from utility companies in Minnesota; and

(8) one member shall be a public member as defined by section 214.02.

The high pressure piping inspector shall be appointed for a term to end December
31, 2011. The professional mechanical engineer shall be appointed for a term to end
December 31, 2010. The representative of the high pressure piping industry shall be
appointed for a term to end December 31, 2011. Two of the deleted text begin contracting deleted text end new text begin master new text end high
pressure pipefitters shall be appointed for a term to end December 31, 2011. The other two
deleted text begin contracting deleted text end new text begin master new text end high pressure pipefitters shall be appointed for a term to end December
31, 2010. One of the journeyman high pressure pipefitters shall be appointed for a term to
end December 31, 2011. The other journeyman high pressure pipefitter shall be appointed
for a term to end December 31, 2010. The one representative of industrial companies that
use high pressure piping systems in their industrial process shall be appointed for a term to
end December 31, 2010. The one representative of a utility company in Minnesota shall
be appointed for a term to end December 31, 2010. The public member shall be appointed
for a term to end December 31, 2010.

(b) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of their term.
All other appointed members, except for the representative of the piping industry, the
representative of industrial companies that use high pressure piping systems, the public
member, and the representative of public utility companies in Minnesota, must possess
a current high pressure piping license issued by the Department of Labor and Industry
and maintain that license for the duration of their term. All appointed members must be
residents of Minnesota at the time of and throughout the member's appointment. The term
of any appointed member that does not maintain membership qualification status shall
end on the date of status change and the governor shall appoint a new member. It is the
responsibility of the member to notify the board of the member's status change.

(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and
consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
term. Vacancies occurring with less than six months time remaining in the term shall be
filled for the existing term and the following three-year term. Members may serve until
their successors are appointed but in no case later than July 1 in a year in which the term
expires unless reappointed.

Sec. 25.

Minnesota Statutes 2015 Supplement, section 341.321, is amended to read:

341.321 FEE SCHEDULE.

(a) The fee schedule for professional and amateur licenses issued by the
commissioner is as follows:

(1) referees, $80;

(2) promoters, $700;

(3) judges and knockdown judges, $80;

(4) trainers and seconds, $80;

(5) ring announcers, $80;

(6) timekeepers, $80;

(7) professional combatants, $70;

(8) amateur combatants, $50;

(9) managers, $80; and

(10) ringside physicians, $80.

deleted text begin In addition to the license fee, an individual who applies for a license within the 48 hours
preceding when the combative sporting event is held shall pay a late fee of $100 plus the
original license fee. deleted text end new text begin License fees for promoters are due at least six weeks prior to the
combative sport contest. All other license fees shall be paid no later than the weigh-in
prior to the contest. No license may be issued until all prelicensure requirements are
satisfied and fees are paid.
new text end

(b) The commissioner shall establish a contest fee for each combative sport contest
and shall consider the size and type of venue when establishing a contest fee. The
deleted text begin professional deleted text end combative sport contest fee is $1,500 per event or not more than four percent
of the gross ticket sales, whichever is greater, as determined by the commissioner when
the combative sport contest is scheduled. deleted text begin The amateur combative sport contest fee shall be
$1,500 or not more than four percent of the gross ticket sales, whichever is greater.
deleted text end

(c) A professional or amateur combative sport contest fee is nonrefundable and
shall be paid as follows:

(1) $500 at the time the combative sport contest is scheduled; and

(2) $1,000 at the weigh-in prior to the contest.

If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within deleted text begin 24 hours deleted text end new text begin seven days new text end of the completed contest.

(d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.

(e) All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

Sec. 26. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Rules, part 4715.3130, to Minnesota
Rules, part 1300.0215, subpart 6, where it appears in Minnesota Statutes, section 326B.43.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 5200.0780; 5226.0100; 5226.0200; and 5226.0300, new text end new text begin are
repealed.
new text end