HF 3633

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:52pm

A bill for an act
relating to construction codes and licensing; restricting sale of certain solvent-based
paint materials to licensees; establishing a paint contractor board; requiring licensing
for paint contractors and journeyworker painters; authorizing rulemaking; proposing
coding for new law in Minnesota Statutes, chapters 115A; 326B.

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

Section 1.

new text begin [115A.1416] SALE OF SOLVENT-BASED PAINT MATERIALS
RESTRICTED.
new text end

new text begin (a) The sale of solvent-based paint materials is restricted to those persons licensed under
section 326B.62. The restriction under this paragraph excludes sales of solvent-based paint
materials sold in containers that are a gallon or less in volume and household spray paints
dispensed from an aerosol can.
new text end

new text begin (b) For purposes of this section, "solvent-based paint materials" means nonwaterborne
paint and paint thinners.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

new text begin [326B.60] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 326B.60 to 326B.63, the terms defined
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Paint Contractor Board.
new text end

new text begin Subd. 3. new text end

new text begin Paint contractor. new text end

new text begin "Paint contractor" means any person, firm, joint venture,
partnership, association, corporation, or other organization engaged in the primary business
of painting and includes all paint contractors, subcontractors, independent contractors, and
persons engaged in paint contract labor who, through negotiations or competitive bidding,
enter into contracts to furnish paint and painting services and the required equipment to
perform the painting contract for a fixed price and who, in pursuit of independent business,
undertake a job in whole or in part retaining substantial control of the method and manner
of accomplishing the desired result. Paint contractor does not include the state or any agency
or political subdivision of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 3.

new text begin [326B.61] PAINT CONTRACTOR BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Paint Contractor Board shall consist of six members,
all of whom are voting members. Five members shall be appointed by the governor with
the advice and consent of the senate. 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's designee. Each of the five appointed members shall be
a paint contractor selected from a list provided by the paint contracting industries in the
state.
new text end

new text begin (b) Two of the appointed members shall serve a term to end December 31, 2028. The
other three appointed members shall serve a term to end December 31, 2027.
new text end

new text begin (c) All appointed members must be residents of Minnesota at the time of and throughout
the member's appointment.
new text end

new text begin (d) For appointed members, except the initial terms designated in paragraph (b), each
term shall be five years with the terms ending on December 31. Members appointed by the
governor shall be limited to three consecutive terms. The governor shall 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 five-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.
new text end

new text begin Subd. 2. new text end

new text begin Powers; duties; administrative support. new text end

new text begin (a) The board shall have the power
to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary; and
new text end

new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
and other provisions to efficiently conduct the business of the board.
new text end

new text begin (b) The board shall:
new text end

new text begin (1) adopt rules that regulate:
new text end

new text begin (i) standards for paint contracting. The board shall base the standards, to the extent
possible, on national industry standards for paint contracting;
new text end

new text begin (ii) minimum qualifications for the licensing of paint contractors and journeyworker
painters. The rules shall provide that a license issued to a paint contractor or journeyworker
painter under this section is valid for three years and is renewable;
new text end

new text begin (iii) license fees for paint contractors and journeyworker painters; and
new text end

new text begin (iv) training and continuing education requirements for paint contractors and
journeyworker painters;
new text end

new text begin (2) recommend to the department requirements for licensure of paint contractors and
journeyworker painters and circumstances under which the department may take disciplinary
action, including suspension and revocation of a license;
new text end

new text begin (3) recommend to the department training and continuing education requirements for
paint contractors and journeyworker painters;
new text end

new text begin (4) approve per diems and expenses deemed necessary for its members as provided in
subdivision 3;
new text end

new text begin (5) select individuals from its members to serve on any other state advisory council,
board, or committee; and
new text end

new text begin (6) recommend to the department the license fees for paint contractors and journeyworker
painters.
new text end

new text begin (c) The board may consult with organizations concerned with safety and health issues
related to paint contracting in performing its duties under this subdivision.
new text end

new text begin (d) The board shall comply with section 15.0597, subdivisions 2 and 4.
new text end

new text begin (e) The commissioner shall coordinate the board's rulemaking recommendations with
the recommendations and rulemaking conducted by all of the other boards created pursuant
to this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner shall supply necessary office
space and supplies to assist the board in its duties.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the
same manner and amount as authorized by the plan adopted under section 43A.18,
subdivision 2. Members who, as a result of time spent attending board meetings, incur child
care expenses that would not otherwise have been incurred, may be reimbursed for those
expenses upon board authorization.
new text end

new text begin (b) The board shall adopt internal standards prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

new text begin (a) An appointed member of the board may be removed
by the governor at any time: (1) for cause, after notice and hearing; or (2) after missing
three consecutive meetings. The chair of the board shall inform the governor of an appointed
member missing three consecutive meetings. After the second consecutive missed meeting
and before the next meeting, the secretary of the board shall notify the appointed member
in writing that the member may be removed for missing the next meeting. In the case of a
vacancy on the board the governor shall, with the advice and consent of the senate, appoint
a person to fill the vacancy for the remainder of the unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancies within three months of appointment. new text end

new text begin Notwithstanding
any law to the contrary, when a membership on the board becomes vacant within three
months after being filled through the appointment process the governor may, upon
notification to the Office of the Secretary of State, choose a new member from the
applications on hand and need not repeat the process.
new text end

new text begin Subd. 6. new text end

new text begin Officers; quorum. new text end

new text begin The board shall elect annually from its members a chair,
vice-chair, and secretary. A quorum of the board consists of a majority of members of the
board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that is not covered by law shall be determined by
Robert's Rules of Order Newly Revised unless otherwise specified by the bylaws.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at times specified by the
board. Notice and conduct of all meetings shall be pursuant to chapter 13D and in a manner
consistent with the bylaws.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting
of its members by telephone or other electronic means so long as the following conditions
are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can clearly
hear all discussion, testimony, and votes of members of the board and, if needed, receive
the services required under sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting location;
and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (c) Each member of the board participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and
participating in all proceedings.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor the
meeting electronically from a remote location. The board may require the person making
such a connection to pay for documented costs that the board incurs as a result of the
additional connection.
new text end

new text begin (e) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location of the
fact that some members may participate by telephone or other electronic means and that a
person may monitor the meeting electronically from a remote location. Any person
monitoring the meeting electronically from a remote location may be required to pay
documented costs incurred by the board as a result of the additional connection. The timing
and method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether in writing or orally, that
alleges or implies a violation of a statute, rule, or order that the commissioner has the
authority to enforce pertaining to the license or registration of any person authorized by the
department to provide paint contracting work or offering to perform paint contracting work
requiring licensure or registration. Each complaint or communication that is forwarded to
the commissioner shall be submitted on a form provided by the commissioner.
new text end

new text begin (b) The commissioner shall advise the board of the status of the complaint within 90
days after the board's written submission is received, or within 90 days after the board is
provided with a written request for additional information or documentation from the
commissioner or the commissioner's designee, whichever is later. The commissioner shall
advise the board of the disposition of a complaint referred by the board within 180 days
after the board's written submission is received. The commissioner shall annually report to
the board a summary of the actions taken in response to complaints referred by the board.
new text end

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Government Data
Practices Act, and shall protect from unlawful disclosure data classified as not public.
new text end

new text begin Subd. 10. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary for
a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [326B.62] LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Paint contractor; journeyworker painter. new text end

new text begin Beginning July 1, 2025,
except as otherwise provided by law, no individual may enter into a contract to furnish paint
and provide painting services unless that person is a paint contractor or journeyworker
painter licensed by the commissioner under this section. An individual wishing to obtain a
paint contractor or journeyworker painter's license shall apply for a license by submitting
an application on a form provided by the department together with the applicable fee.
new text end

new text begin Subd. 2. new text end

new text begin Exams; experience. new text end

new text begin (a) An applicant for a paint contractor license must:
new text end

new text begin (1) demonstrate to the satisfaction of the commissioner good character, honesty, and
integrity; and
new text end

new text begin (2) pass a written or oral examination developed and administered by the commissioner
to ensure the competence of each applicant for license.
new text end

new text begin (b) An applicant for a journeyworker painter license must have at least three years of
apprenticeship training in painting before applying for and taking the journeyworker painter
license examination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 6. new text begin APPOINTMENT AND FIRST MEETING OF BOARD.
new text end

new text begin The governor must make the appointments to the Paint Contractor Board no later than
July 1, 2024. The commissioner of labor and industry must convene the first meeting of the
Paint Contractor Board no later than September 1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end