CHAPTER 54--S.F.No. 1371

An act

relating to labor and industry; making housekeeping changes to the Construction Codes and Licensing Division; making housekeeping changes related to the Office of Combative Sports and apprenticeship program; clarifying safe patient handling requirements; removing obsolete, redundant, and unnecessary laws and rules; making conforming changes; authorizing rulemaking;

amending Minnesota Statutes 2014, sections 103I.205, subdivision 4; 177.27, subdivision 4; 178.03, subdivision 3; 178.07; 181.171, subdivision 1; 182.6552, subdivision 2; 182.6553, subdivisions 1, 2; 184.21, subdivision 4; 184.24, subdivision 1; 184.41; 326B.082, subdivision 11; 326B.092, subdivisions 3, 7; 326B.094, subdivisions 2, 3; 326B.098, by adding a subdivision; 326B.106, subdivisions 1, 4, 7; 326B.109, subdivision 2; 326B.13, subdivision 8; 326B.135, subdivision 4; 326B.139; 326B.164, subdivision 8; 326B.184, subdivision 2; 326B.188; 326B.194; 326B.33, subdivisions 6, 15; 326B.37, subdivision 11; 326B.46, subdivisions 1b, 2; 326B.49, subdivision 3; 326B.56, subdivision 1; 326B.701, subdivision 3; 326B.811, subdivision 1; 326B.84; 326B.86, subdivision 1; 326B.921, subdivision 5; 326B.99, subdivision 2; 341.21, subdivisions 2a, 4, 4f, 7, by adding a subdivision; 341.28, subdivision 3; 341.29; 341.30, subdivisions 1, 2, 4; 341.32, subdivisions 1, 2; 341.33; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2014, sections 16C.0745; 181.12; 184.22, subdivision 1; 184.25; 184.26; 184.27; 184.28; 184.29; 184.30, subdivision 1; 184.32; 184.33; 184.34; 184.35; 184.36; 184.38, subdivisions 2, 16, 17; 184.40; 326B.091, subdivision 6; 326B.106, subdivision 10; 326B.169; 326B.181; 471.465; 471.466; 471.467; 471.468; 609B.137; Minnesota Rules, parts 5200.0510; 5200.0520; 5200.0530; 5200.0540; 5200.0550; 5200.0560; 5200.0570; 5200.0750; 5200.0760.

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

ARTICLE 1

CONSTRUCTION CODES AND LICENSING

Section 1. Minnesota Statutes 2014, section 103I.205, subdivision 4, is amended to read:

Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e), section 103I.401, subdivision 2, or section 103I.601, subdivision 2, a person may not drill, construct, repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal a monitoring well if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must register with the commissioner as a monitoring well contractor on forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license in possession. A separate license is required for each of the six activities:

(1) installing or repairing well screens or pitless units or pitless adaptors and well casings from the pitless adaptor or pitless unit to the upper termination of the well casing;

(2) constructing, repairing, and sealing drive point wells or dug wells;

(3) installing well pumps or pumping equipment;

(4) sealing wells;

(5) constructing, repairing, or sealing dewatering wells; or

(6) constructing, repairing, or sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license or registration, a license or registration is not required for a person who complies with the other provisions of this chapter if the person is:

(1) an individual who constructs a well on land that is owned or leased by the individual and is used by the individual for farming or agricultural purposes or as the individual's place of abode;

(2) an individual who performs labor or services for a contractor licensed or registered under the provisions of this chapter in connection with the construction, sealing, or repair of a well or boring at the direction and under the personal supervision of a contractor licensed or registered under the provisions of this chapter; or

(3) a licensed plumber who is repairing submersible pumps or water pipes associated with well water systems ifnew text begin : (1)new text end the repair location is within an area where there is no licensed or registered well contractor within deleted text begin 25deleted text end new text begin 50new text end milesnew text begin , and (2) the licensed plumber complies with all relevant sections of the plumbing codenew text end .

Sec. 2.

Minnesota Statutes 2014, section 326B.082, subdivision 11, is amended to read:

Subd. 11.

Licensing orders; grounds; reapplication.

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

(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a person's permit, license, registration, or certificate, or censure the person holdingnew text begin or acting as qualifying person fornew text end the permit, license, registration, or certificate, if the commissioner finds that the person:

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

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

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

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

(5) violated: (i) a final administrative order issued under subdivision 7, (ii) a final stop order issued under subdivision 10, (iii) injunctive relief issued under subdivision 9, or (iv) a consent order or final order of the commissioner;

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

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

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

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

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

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

Sec. 3.

new text begin [326B.0921] BOND REQUIREMENTS. new text end

new text begin (a) All bonds that are required by this chapter must be in the form of a corporate surety bond conditioned upon the faithful and lawful performance of all work contracted for or performed in the state of Minnesota. The bond must be for the benefit of any person injured or suffering financial loss by reason of the licensee's failure to comply with the requirements of this chapter, the State Building Code, and all contracts entered into. new text end

new text begin (b) The licensee must file the bond with the commissioner on the bond form provided by the commissioner. The bond must be in lieu of all other license bonds to any other political subdivision. The bond must be written by a corporate surety licensed to do business in the state of Minnesota. new text end

new text begin (c) The penal sum of the bond is cumulative and must be aggregated every two years that the bond is in force. The aggregate liability shall be limited to the bond penalty shown on the bond form for each two-year period that the bond remains in effect for any losses that occur during each two-year period. The bond shall be effective continuously from the date of issue but may be canceled as to future liability by the surety upon 30 days' written notice mailed to the commissioner by certified mail. In the event the surety pays a claim that reduces the penal sum of the bond, the surety must notify the commissioner in writing of the payment of the claim and the reduced penal sum of the bond within 15 days of the payment of the claim. new text end

new text begin (d) A licensee that is required to maintain a bond as a condition of licensure must ensure that it has a valid bond filed with the commissioner at all times that its license is active and that the required penal sum of the bond is maintained at all times. new text end

Sec. 4.

Minnesota Statutes 2014, section 326B.094, subdivision 2, is amended to read:

Subd. 2.

Availability of renewal.

A licensee may apply to renew a license no later than two years after the expiration of the license. If the department receives a complete renewal application no later than two years after the expiration of the license, then the department must approve or deny the renewal application within 60 days of receiving the complete renewal application. If the department receives a renewal application more than two years after the expiration of the license, the department must return the renewal license fee to the applicant without approving or denying the application. If the licensee wishes to obtain a valid license more than two years after expiration of the license, the licensee must apply for a new license.new text begin This section does not apply to a holder of a certificate of exemption issued under section 326B.805, subdivision 6, unlicensed individuals who register with the department under section 326B.33, subdivision 12, or 326B.47, or a mechanical contractor that files a bond with the department under section 326B.197.new text end

Sec. 5.

Minnesota Statutes 2014, section 326B.098, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Courses submitted by the state. new text end

new text begin State agencies submitting courses for review that are intended for licensees regulated by the department are not required to pay the course approval fee. Courses must still be reviewed for appropriate credit in the designated license discipline. The department will act as sponsor for courses submitted by state agencies that are approved for continuing education. new text end

Sec. 6.

Minnesota Statutes 2014, section 326B.106, subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

new text begin (a) new text end Subject tonew text begin paragraphs (c) and (d) and new text end sections 326B.101 to 326B.194, the commissioner shall by rule and in consultation with the Construction Codes Advisory Council establish a code of standards for the construction, reconstruction, alteration, and repair of buildings, governing matters of structural materials, design and construction, fire protection, health, sanitation, and safety, including design and construction standards regarding heat loss control, illumination, and climate control. The code must also include duties and responsibilities for code administration, including procedures for administrative action, penalties, and suspension and revocation of certification. The code must conform insofar as practicable to model building codes generally accepted and in use throughout the United States, including a code for building conservation. In the preparation of the code, consideration must be given to the existing statewide specialty codes presently in use in the state. Model codes with necessary modifications and statewide specialty codes may be adopted by reference. The code must be based on the application of scientific principles, approved tests, and professional judgment. To the extent possible, the code must be adopted in terms of desired results instead of the means of achieving those results, avoiding wherever possible the incorporation of specifications of particular methods or materials. To that end the code must encourage the use of new methods and new materials. Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall administer and enforce the provisions of those sections.

new text begin (b) new text end The commissioner shall develop rules addressing the plan review fee assessed to similar buildings without significant modifications including provisions for use of building systems as specified in the industrial/modular program specified in section 326B.194. Additional plan review fees associated with similar plans must be based on costs commensurate with the direct and indirect costs of the service.

new text begin (c) Beginning with the 2018 edition of the model building codes and every six years thereafter, the commissioner shall review the new model building codes and adopt the model codes as amended for use in Minnesota, within two years of the published edition date. The commissioner may adopt amendments to the building codes prior to the adoption of the new building codes to advance construction methods, technology, or materials, or, where necessary to protect the health, safety, and welfare of the public, or to improve the efficiency or the use of a building. new text end

new text begin (d) Notwithstanding paragraph (c), the commissioner shall act on each new model residential energy code and the new model commercial energy code in accordance with federal law for which the United States Department of Energy has issued an affirmative determination in compliance with United States Code, title 42, section 6833. The commissioner may adopt amendments prior to adoption of the new energy codes, as amended for use in Minnesota, to advance construction methods, technology, or materials, or, where necessary to protect the health, safety, and welfare of the public, or to improve the efficiency or use of a building. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to all model code adoptions beginning with the 2018 model building code. new text end

Sec. 7.

Minnesota Statutes 2014, 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 deleted text begin 180deleted text end new text begin 270new text end 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 deleted text begin or boarddeleted 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.new text begin 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.new text end

Sec. 8.

Minnesota Statutes 2014, section 326B.164, subdivision 8, is amended to read:

Subd. 8.

Bond required.

As a condition of licensing, each contractor shall give and maintain bond to the state in thenew text begin penalnew text end sum of $25,000deleted text begin , conditioned upon the faithful and lawful performance of all work contracted for or performed by the contractor within the state of Minnesota, and such bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of such performance. The bond shall be filed with the commissioner and shall be in lieu of all other license bonds to any other political subdivision. The bond shall be written by a corporate surety licensed to do business in the state of Minnesotadeleted text end .new text begin The bond must comply with section 326B.0921.new text end

Sec. 9.

Minnesota Statutes 2014, section 326B.184, subdivision 2, is amended to read:

Subd. 2.

Operating permits and fees; periodic inspections.

(a) No person may operate an elevator without first obtaining an annual operating permit from the department or a municipality authorized by subdivision 4 to issue annual operating permits. A $100 annual operating permit fee must be paid to the department for each annual operating permit issued by the department, except that the original annual operating permit must be included in the permit fee for the initial installation of the elevator. Annual operating permits must be issued at 12-month intervals from the date of the initial annual operating permit. For each subsequent year, an owner must be granted an annual operating permit for the elevator upon the owner's or owner's agent's submission of a form prescribed by the commissioner and payment of the $100 fee. Each form must include the location of the elevator, the results of any periodic test required by the code, and any other criteria established by rule. An annual operating permit may be revoked by the commissioner upon an audit of the periodic testing results submitted with the application or a failure to comply with elevator code requirements, inspections, or any other law related to elevators. Except for an initial operating permit fee,new text begin elevators in residential dwellings,new text end hand-powered manlifts and electric endless belt manlifts, and vertical reciprocating conveyors are not subject to a subsequent operating permit fee.

(b) All elevators are subject to periodic inspections by the department or a municipality authorized by subdivision 4 to perform periodic inspections, except that hand-powered manlifts and electric endless belt manlifts are exempt from periodic inspections. Periodic inspections by the department shall be performed at the following intervals:

(1) a special purpose personnel elevator is subject to inspection not more than once every five years;

(2) an elevator located within a house of worship that does not have attached school facilities is subject to inspection not more than once every three years; and

(3) all other elevators are subject to inspection not more than once each year.

Sec. 10.

Minnesota Statutes 2014, section 326B.188, is amended to read:

326B.188 TIMELINE new text begin AND EXEMPTION new text end FOR COMPLIANCE WITH ELEVATOR CODE CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.

(a) This section applies to code requirements for existing elevators and related devices under Minnesota Rules, chapter 1307, where the deadline set by law for meeting the code requirements is January 29, 2012, or later.

(b) If the department or municipality conducting elevator inspections within its jurisdiction notified the owner of an existing elevator or related device of the code requirements before August 1, 2011, the owner may submit a compliance plan by December 30, 2011. If the department or municipality did not notify the owner of an existing elevator or related device of the code requirements before August 1, 2011, the department or municipality shall notify the owner of the code requirements and permit the owner to submit a compliance plan by December 30, 2011, or within 60 days after the date of notification, whichever is later.

(c) Any compliance plan submitted under this section shall result in compliance with the code requirements by the later of January 29, 2012, or three years after submission of the compliance plan. Elevators and related devices that are not in compliance with the code requirements by the later of January 29, 2012, or three years after the submission of the compliance plan may be taken out of service as provided in section 326B.175.

new text begin (d) When approved by the local building official, an elevator is not required to comply with the code requirements described in paragraph (a) for phase I and II operation if the elevator was installed prior to January 27, 2007, in a residential condominium property having five or fewer floors not including the basement. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactive to January 29, 2012. new text end

Sec. 11.

Minnesota Statutes 2014, section 326B.33, subdivision 6, is amended to read:

Subd. 6.

Bond.

Every Class A and Class B installer, as a condition of licensure, shall give bond to the state in thenew text begin penalnew text end sum of $1,000 deleted text begin conditioned upon the faithful and lawful performance of all work contracted for or entered upon by the installer within the state of Minnesota, and such bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of such performance. Such bond shall be in lieu of all other license bonds to any political subdivision of the state. Such bond shall be written by a corporate surety licensed to do business in the state of Minnesotadeleted text end .new text begin The bond must comply with section 326B.0921.new text end

Sec. 12.

Minnesota Statutes 2014, section 326B.33, subdivision 15, is amended to read:

Subd. 15.

Bond required.

As a condition of licensing, each contractor shall give and maintain bond to the state in thenew text begin penalnew text end sum of $25,000 deleted text begin conditioned upon the faithful and lawful performance of all work contracted for or performed by the contractor within the state of Minnesota and such bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of such performance. The bond shall be filed with the commissioner and shall be in lieu of all other license bonds to any other political subdivision. Such bond shall be written by a corporate surety licensed to do business in the state of Minnesotadeleted text end .new text begin The bond must comply with section 326B.0921.new text end

Sec. 13.

Minnesota Statutes 2014, section 326B.37, subdivision 11, is amended to read:

Subd. 11.

Inspection of transitory project.

(a) For inspection of transitory projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production sites, and portable road construction plants, the inspection procedures and fees are as specified in paragraphs (b) to (i).

(b) The fee for inspection of each generator or other source of supply is that specified in subdivision 3. A like fee is required at each engagement or setup.

(c) In addition to the fee for generators or other sources of supply, there must be an inspection of all installed feeders, circuits, and equipment at each engagement or setup at the hourly rate specified in subdivision 10, with a one-hour minimum.

(d) An owner, operator, or appointed representative of a transitory enterprise including, but not limited to, festivals, fairs, carnivals, circuses, production companies, shows, portable road construction plants, and similar enterprises shall notify the commissioner of its itinerary or schedule and make application for initial inspection a minimum of 14 days before its first engagement or setup. An owner, operator, or appointed representative of a transitory enterprise who fails to notify the commissioner 14 days before its first engagement or setup may be subject to the investigation fees specified in subdivision 7. The owner, operator, or appointed representative shall request inspection and pay the inspection fee for each subsequent engagement or setup at the time of the initial inspection. For subsequent engagements or setups not listed on the itinerary or schedule submitted to the commissioner and where the commissioner is not notified at least 48 hours in advance, a charge of $100 may be made in addition to all required fees.

(e) Amusement rides, devices, concessions, attractions, or other units must be inspected at their first appearance of the year. The inspection fee is $35 per unit with a supply of up to 60 amperes and $40 per unit with a supply above 60 amperes.

(f) An additional fee at the hourly rate specified in subdivision 10 must be charged for additional time spent by each inspector if equipment is not ready or available for inspection at the time and date specified on the application for initial inspection or the request for electrical inspection form.

(g) In addition to the fees specified in paragraphs deleted text begin (a) anddeleted text end (b)new text begin and (c)new text end , a fee of one hour at the hourly rate specified in subdivision 10 must be charged for inspections required to be performed on Saturdays, Sundays, holidays, or after regular business hours.

(h) The fee for reinspection of corrections or supplemental inspections where an additional trip is necessary may be assessed as specified in subdivision 8.

(i) The commissioner shall retain the inspection fee when an owner, operator, or appointed representative of a transitory enterprise fails to notify the commissioner at least 48 hours in advance of a scheduled inspection that is canceled.

Sec. 14.

Minnesota Statutes 2014, section 326B.46, subdivision 1b, is amended to read:

Subd. 1b.

Employment of master plumber or restricted master plumber.

(a) Each contractor must designate a responsible licensed plumber, who shall be responsible for the performance of all plumbing work in accordance with sections 326B.41 to 326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all orders issued under section 326B.082. A plumbing contractor's responsible individual must be a master plumber. A restricted plumbing contractor's responsible individual must be a master plumber or a restricted master plumber. A plumbing contractor license authorizes the contractor to offer to perform and, through licensed and registered individuals, to perform plumbing work in all areas of the state. A restricted plumbing contractor license authorizes the contractor to offer to perform and, through licensed and registered individuals, to perform plumbing work in all areas of the state except in cities and towns with a population of more than 5,000 according to the last federal census.

(b) If the contractor is an individual or sole proprietorship, the responsible licensed individual must be the individual, proprietor, or managing employee. If the contractor is a partnership, the responsible licensed individual must be a general partner or managing employee. If the contractor is a limited liability company, the responsible licensed individual must be a chief manager or managing employee. If the contractor is a corporation, the responsible licensed individual must be an officer or managing employee. If the responsible licensed individual is a managing employee, the responsible licensed individual must be actively engaged in performing plumbing work on behalf of the contractor, and cannot be employed in any capacity as a plumber for any other contractor. An individual may be the responsible licensed individual for only one contractor.

(c) All applications and renewals for contractor licenses shall include a verified statement that the applicant or licensee has complied with this subdivision.

new text begin (d) Upon the departure or disqualification of a licensee's responsible licensed individual because of death, disability, retirement, position change, or other reason, the licensee must notify the commissioner within 15 business days. The licensee shall have 60 days from the departure of the responsible licensed individual to obtain a new responsible licensed individual. Failure to secure a new responsible licensed individual within 60 days will, with or without notice, result in the voluntary termination of the license. new text end

Sec. 15.

Minnesota Statutes 2014, 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 deleted text begin amountdeleted text end new text begin penal sumnew text end 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 and section 115.56, subdivision 2, paragraph (e). deleted text begin The bond shall be for the benefit of persons injured or suffering financial loss by reason of failure to comply with the requirements of the State Plumbing Code and, if the bond is for both plumbing work and subsurface sewage treatment work, financial loss by reason of failure to comply with the requirements of sections 115.55 and 115.56. The bond shall be filed with the commissioner and shall be written by a corporate surety licensed to do business in the state.deleted text end new text begin The bond must comply with section 326B.0921.new text end

(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. 16.

Minnesota Statutes 2014, section 326B.49, subdivision 3, is amended to read:

Subd. 3.

Permits; fees.

(a) Before commencement of a plumbing installation to be inspected by the commissioner, the plumbing contractor or registered plumbing employer performing the plumbing work must submit to the commissioner an application for a permit and the permit and inspection fees in paragraphs (b) to (f).

(b) The permit fee is $100.

(d) The public, commercial, and industrial inspection fees are as follows:

(1) for systems with water distribution, drain, waste, and vent system connection:

(i) $25 for each fixture, permanently connected appliance, floor drain, or other appurtenance;

(ii) $25 for each water conditioning, water treatment, or water filtration system; and

(iii) $25 for each interceptor, separator, catch basin, or manhole;

(2) roof drains, $25 for each drain;

(3) building sewer service only, $100;

(4) building water service only, $100;

(5) building water distribution system only, no drainage system, $5 for each fixture supplied;

(6) storm drainage system, a minimum fee of $25 for each drain opening, interceptor, separator, or catch basin;

(7) manufactured home park or campground, $25 for each site;

(8) reinspection fee to verify corrections, regardless of the total fee submitted, $100 for each reinspection; and

(9) each $100 in fees paid covers one inspection trip.

(e) In addition to the fees in paragraph deleted text begin (c)deleted text end new text begin (d)new text end , the fee submitter must pay an hourly rate of $80 during regular business hours, or $120 when inspections are requested to be performed outside of normal work hours or on weekends and holidays, with a two-hour minimum where the fee submitter requests inspections of installations as systems are being installed.

(f) The fee submitter must pay a fee equal to two hours at the hourly rate of $80 when inspections scheduled by the submitter are not able to be completed because the work is not complete.

Sec. 17.

Minnesota Statutes 2014, section 326B.56, subdivision 1, is amended to read:

Subdivision 1.

Bonds.

(a) As a condition of licensing, each water conditioning contractor shall give and maintain a bond to the state as described in paragraph (b). No applicant for a water conditioning contractor license who maintains the bond under paragraph (b) shall be otherwise required to meet the bond requirements of any political subdivision.

(b) Each bond given to the state under this subdivision shall be in the deleted text begin totaldeleted text end new text begin penalnew text end sum of $3,000 deleted text begin conditioned upon the faithful and lawful performance of all water conditioning installation or servicing done within the state. The bond shall be for the benefit of persons suffering injuries or damages due to the work. The bond shall be filed with the commissioner and shall be written by a corporate surety licensed to do business in this state. The bond must remain in effect at all times while the application is pending and while the license is in effectdeleted text end new text begin and must comply with section 326B.0921new text end .

Sec. 18.

Minnesota Statutes 2014, section 326B.701, subdivision 3, is amended to read:

Subd. 3.

Registration application.

(a) Persons required to register under this section must submit electronically, in the manner prescribed by the commissioner, a complete application according to paragraphs (b) to (d).

(b) A complete application must include all of the following information about any individual who is registering as an individual or a sole proprietor, or who owns 25 percent or more of a business entity being registered:

(1) the individual's full legal name and title at the applicant's business;

(2) the individual's business address and telephone number;

(3) the percentage of the applicant's business owned by the individual; and

(4) the individual's Social Security number.

(1) the applicant's legal name; assumed name filed with the secretary of state, if any; designated business address; physical address; telephone number; and e-mail address;

(2) the applicant's Minnesota tax identification number, if one is required or has been issued;

(3) the applicant's federal employer identification number, if one is required or has been issued;

(4) evidence of the active status of the applicant's business filings with the secretary of state, if one is required or has been issued;

(5) whether the applicant has any employees at the time the application is filed;

(6) the names of all other persons with an ownership interest in the business entity who are not identified in paragraph (b), and the percentage of the interest owned by each person, except that the names of shareholders with less than ten percent ownership in a publicly traded corporation need not be provided;

(7) information documenting compliance with workers' compensation and unemployment insurance laws;

(8) a certification that the person signing the application has: reviewed it; determined that the information provided is true and accurate; and determined that the person signing is authorized to sign and file the application as an agent of the applicant. The name of the person signing, entered on an electronic application, shall constitute a valid signature of the agent on behalf of the applicant; and

(9) a signed authorization for the Department of Labor and Industry to verify the information provided on or with the application.

(d) A registered person must notify the commissioner within 15 days after there is a change in any of the information on the application as approved. This notification must be provided electronically in the manner prescribed by the commissioner. However, if the business entity structuredeleted text begin ,deleted text end new text begin ornew text end legal form of the business entitydeleted text begin , or business ownershipdeleted text end has changed, the person must submit a new registration application and registration fee, if any, for the new business entity.

(e) The registered person must remain registered while providing construction services for another person. The provisions of sections 326B.091, 326B.094, 326B.095, and 326B.097 apply to this section. A person with an expired registration shall not provide construction services for another person if registration is required under this section. Registration application and expiration time frames are as follows:

(1) all registrations issued on or before deleted text begin June 30deleted text end new text begin December 31new text end , 2015, expire on deleted text begin June 30deleted text end new text begin December 31new text end , 2015;

(2) all registrations issued after deleted text begin June 30deleted text end new text begin December 31new text end , 2015, expire on the following deleted text begin June 30deleted text end new text begin December 31new text end of each odd-numbered year; and

(3) a person may submit a registration or renewal application starting deleted text begin Aprildeleted text end new text begin October new text end 1 of the year the registration expires. If a renewal application is submitted later than deleted text begin May deleted text end new text begin Decembernew text end 1 of the expiration year, registration may expire before the department has issued or denied the registration.

Sec. 19.

Minnesota Statutes 2014, section 326B.811, subdivision 1, is amended to read:

Subdivision 1.

Required.

A person who has entered into a written contract with a residential new text begin building contractor, residential remodeler, or residential new text end roofer deleted text begin or a siding contractor registered under section 326B.802, subdivision 15,deleted text end to provide goods and services to be paid by the insured from the proceeds of a property or casualty insurance policy has the right to cancel the contract within 72 hours after the insured has been notified by the insurer that the claim has been denied. Cancellation is evidenced by the insured giving written notice of cancellation to the contractor at the address stated in the contract. Notice of cancellation, if given by mail, is effective upon deposit in a mailbox, properly addressed to the contractor and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract.

Sec. 20.

Minnesota Statutes 2014, section 326B.84, is amended to read:

326B.84 GROUNDS FOR SANCTIONS.

The commissioner may use any enforcement provision in section 326B.082 against an applicant fornew text begin , qualifying person of,new text end or holder of a license or certificate of exemption, if the applicant, licensee, certificate of exemption holder, qualifying person, or owner, officer, member, managing employee, or affiliate of the applicant, licensee, or certificate of exemption holder:

(1) has filed an application for licensure or a certificate of exemption which is incomplete in any material respect or contains any statement which, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or salespersons, or has performed negligently or in breach of contract, so as to cause injury or harm to the public;

(5) has violated or failed to comply with any provision of sections 326B.802 to 326B.885, any rule or order under sections 326B.802 to 326B.885, or any other law, rule, or order related to the duties and responsibilities entrusted to the commissioner;

(6) has been convicted of a violation of the State Building Code or has refused to comply with a deleted text begin notice of violation or stopdeleted text end new text begin correctionnew text end order issued by a certified building official, or in local jurisdictions that have not adopted the State Building Code has refused to correct a violation of the State Building Code when the violation has been documented deleted text begin or a notice of violation or stop order issueddeleted text end by a certified building official deleted text begin has been receiveddeleted text end ;

(7) has failed to use the proceeds of any payment made to the licensee for the construction of, or any improvement to, residential real estate, as defined in section 326B.802, subdivision 13, for the payment of labor, skill, material, and machinery contributed to the construction or improvement, knowing that the cost of any labor performed, or skill, material, or machinery furnished for the improvement remains unpaid;

(8) has not furnished to the person making payment either a valid lien waiver as to any unpaid labor performed, or skill, material, or machinery furnished for an improvement, or a payment bond in the basic amount of the contract price for the improvement conditioned for the prompt payment to any person or persons entitled to payment;

(9) has engaged in an act or practice that results in compensation to an aggrieved owner or lessee from the contractor recovery fund pursuant to section 326B.89, unless:

(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, plus interest at the rate of 12 percent per year; and

(ii) the applicant or licensee has obtained a surety bond in the amount of at least $40,000, issued by an insurer authorized to transact business in this state;

(10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense of a civil lawsuit or arbitration arising out of their activities as a licensee or certificate of exemption holder under this chapter;

(11) has had a judgment entered against them for failure to make payments to employees, subcontractors, or suppliers, that the licensee has failed to satisfy and all appeals of the judgment have been exhausted or the period for appeal has expired;

(12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious license number or the license number of another, or, if licensed, has knowingly allowed an unlicensed person to use the licensee's license number for the purpose of fraudulently obtaining a building permit; or has applied for or obtained a building permit for an unlicensed person;

(13) has made use of a forged mechanic's lien waiver under chapter 514;

(14) has provided false, misleading, or incomplete information to the commissioner or has refused to allow a reasonable inspection of records or premises;

(15) has engaged in an act or practice whether or not the act or practice directly involves the business for which the person is licensed, that demonstrates that the applicant or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under the license granted by the commissioner; or

(16) has failed to comply with requests for information, documents, or other requests from the department within the time specified in the request or, if no time is specified, within 30 days of the mailing of the request by the department.

Sec. 21.

Minnesota Statutes 2014, section 326B.86, subdivision 1, is amended to read:

Subdivision 1.

Bond.

(a) Licensed manufactured home installers and licensed residential roofers must deleted text begin postdeleted text end new text begin give and maintainnew text end a deleted text begin biennial suretydeleted text end bond deleted text begin in the name of the licensee with the commissioner, conditioned that the applicant shall faithfully perform the duties and in all things comply with all laws, ordinances, and rules pertaining to the license or permit applied for and all contracts entered into. The biennial bond must be continuous and maintained for so long as the licensee remains licensed. The aggregate liability of the surety on the bond to any and all persons, regardless of the number of claims made against the bond, may not exceed the amount of the bond. The bond may be canceled as to future liability by the surety upon 30 days' written notice mailed to the commissioner by regular mail.deleted text end new text begin to the state. The bond must comply with section 326B.0921.new text end

(b) A licensed residential roofer must post a bondnew text begin with a penal sumnew text end of at least $15,000.

(c) A licensed manufactured home installer must post a bondnew text begin with a penal sum new text end of at least $2,500.

Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts for purposes of sections 8.05 and 16C.05, subdivision 2.

Sec. 22.

Minnesota Statutes 2014, section 326B.921, subdivision 5, is amended to read:

Subd. 5.

Bond.

As a condition of licensing, each applicant for a high pressure piping business license deleted text begin or renewaldeleted text end shall givenew text begin and maintain anew text end 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 business 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 business 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 business 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. 23.

Minnesota Statutes 2014, section 326B.99, subdivision 2, is amended to read:

Subd. 2.

Exemption.

Every boiler or pressure vessel as to which any insurance company authorized to do business in this state has issued a policy of insurance, after the inspection thereof, is exempt from inspection by the department made under sections 326B.93 to 326B.998, except the initial inspection by the department under section deleted text begin 326B.96deleted text end new text begin 326B.958new text end , subdivision 1,new text begin paragraph (b),new text end as long as:

(1) the boiler or pressure vessel continues to be insured;

(2) the boiler or pressure vessel continues to be inspected in accordance with the inspection schedule in sections 326B.958 and 326B.96; and

(3) the person owning or operating the boiler or pressure vessel has an unexpired certificate of registration.

ARTICLE 2

OSHA SAFE PATIENT HANDLING

Section 1. Minnesota Statutes 2014, section 182.6552, subdivision 2, is amended to read:

Subd. 2.

Health care facility.

"Health care facility" means a hospital deleted text begin as defined in section 144.50, subdivision 2deleted text end new text begin with a North American Industrial Classification system code of 622110, 622210, or 622310new text end ; an outpatient surgical center deleted text begin as defined in section 144.55, subdivision 2deleted text end new text begin with a North American Industrial Classification system code of 621493new text end ; and a nursing home deleted text begin as defined in section 144A.01, subdivision 5deleted text end new text begin with a North American Industrial Classification system code of 623110new text end .

ARTICLE 3

OFFICE OF COMBATIVE SPORTS

Section 1. Minnesota Statutes 2014, section 341.21, subdivision 2a, is amended to read:

Subd. 2a.

Combatant.

"Combatant" means an individual who employs the act of attack and defense as a boxer, tough person, new text begin martial artist, new text end or mixed martial artist while engaged in a combative sport.

Sec. 2.

Minnesota Statutes 2014, section 341.21, subdivision 4, is amended to read:

Subd. 4.

Combative sports contest.

"Combative sports contest" means a professional boxing, a professional or amateur tough person, or a professional or amateur new text begin martial art contest or new text end mixed martial deleted text begin artdeleted text end new text begin arts contest,new text end bout, competition, match, or exhibition.

Sec. 3.

Minnesota Statutes 2014, section 341.21, subdivision 4f, is amended to read:

Subd. 4f.

Mixed martial arts contest.

"Mixed martial arts contest" meansnew text begin a combat sport in which combatants are permitted to use a wide range of fighting techniques and isnew text end a contest between two or more individuals consisting of any combination of new text begin two or more new text end full contact martial art deleted text begin including, but not limited to, Muay Thai and karate, kickboxing, wrestling, grappling, or other recognized martial artdeleted text end new text begin disciplinesnew text end .

Sec. 4.

Minnesota Statutes 2014, section 341.21, is amended by adding a subdivision to read:

new text begin Subd. 4h. new text end

new text begin Martial art. new text end

new text begin "Martial art" means a variety of weaponless disciplines of combat or self-defense that utilize physical skill and coordination, and are practiced as combat sports. The disciplines include, but are not limited to, Wing Chun, kickboxing, Tae kwon do, savate, karate, Muay Thai, sanshou, Jiu Jitsu, judo, ninjitsu, kung fu, Brazilian Jiu Jitsu, wrestling, grappling, tai chi, and other weaponless martial arts disciplines. new text end

Sec. 5.

Minnesota Statutes 2014, section 341.21, subdivision 7, is amended to read:

Subd. 7.

Tough person contest.

"Tough person contest," including contests marketed as tough man or tough woman contests, means a contest of two-minute rounds consisting of not more than four rounds between two or more individuals who use their hands, or their feet, or both in any manner. Tough person contest deleted text begin does not includedeleted text end new text begin includes new text end kickboxing deleted text begin or anydeleted text end new text begin and othernew text end recognized martial deleted text begin artsdeleted text end new text begin artnew text end contest.

Sec. 6.

Minnesota Statutes 2014, section 341.28, subdivision 3, is amended to read:

Subd. 3.

Regulatory authority; mixed martial arts contests; similar sporting events.

All professional and amateur mixed martial artsnew text begin contests, martial arts contests except amateur contests regulated by the Minnesota State High School League (MSHSL), recognized martial arts studios and schools in Minnesota, and recognized national martial arts organizations holding contests between studentsnew text end , ultimate fight contests, and similar sporting events are subject to this chapter and all officials at these events must be licensed under this chapter.

Sec. 7.

Minnesota Statutes 2014, section 341.29, is amended to read:

341.29 JURISDICTION OF COMMISSIONER.

The commissioner shall:

(1) have sole direction, supervision, regulation, control, and jurisdiction over all combative sport contests that are held within this state unless a contest is exempt from the application of this chapter under federal law;

(2) have sole control, authority, and jurisdiction over all licenses required by this chapter;

(3) grant a license to an applicant if, in the judgment of the commissioner, the financial responsibility, experience, character, and general fitness of the applicant are consistent with the public interest, convenience, or necessity and the best interests of combative sports and conforms with this chapter and the commissioner's rules; deleted text begin anddeleted text end

(4) deny, suspend, or revoke a license using the enforcement provisions of section 326B.082deleted text begin .deleted text end new text begin , except that the licensing reapplication time frames remain within the sole discretion of the commissioner; andnew text end

new text begin (5) serve final nonlicensing orders in performing the duties of this chapter which are subject to the contested case procedures provided in sections 14.57 to 14.69. new text end

Sec. 8.

Minnesota Statutes 2014, section 341.30, subdivision 1, is amended to read:

Subdivision 1.

Licensure; individuals.

All referees, judges, promoters, trainers, ring announcers, timekeepers, ringside physicians, combatants, managers, and seconds are required to be licensed by the commissioner. The commissioner shall not permit any of these persons to participate in deleted text begin the holding or conduct ofdeleted text end new text begin any matter withnew text end any combative sport contest unless the commissioner has first issued the person a license.

Sec. 9.

Minnesota Statutes 2014, section 341.30, subdivision 2, is amended to read:

Subd. 2.

Entity licensure.

Before participating in the holdingnew text begin , promoting,new text end or deleted text begin conductdeleted text end new text begin conductingnew text end of any combative sport contest, a corporation, partnership, limited liability company, or other business entity organized and existing under lawdeleted text begin , its officers and directors, and any person holding 25 percent or more of the ownership of the corporationdeleted text end shall obtain a license from the commissioner and must be authorized to do business under the laws of this state.

Sec. 10.

Minnesota Statutes 2014, section 341.30, subdivision 4, is amended to read:

Subd. 4.

Prelicensure requirements.

(a) Before the commissioner issues a new text begin promoter's new text end license to deleted text begin a promoterdeleted text end new text begin an individualnew text end , corporation, or other business entity, the applicant shallnew text begin , a minimum of six weeks before the combative sport contest is scheduled to occur, complete a licensing application on the Office of Combative Sports Web site or on forms furnished or approved by the commissioner and shallnew text end :

(1) provide the commissioner with a copy of any agreement between a combatant and the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage of the gate receipts;

(2) show on the new text begin licensing new text end application the owner or owners of the applicant entity and the percentage of interest held by each owner holding a 25 percent or more interest in the applicant;

(3) provide the commissioner with a copy of the latest financial statement of the deleted text begin entitydeleted text end new text begin applicantnew text end ; deleted text begin anddeleted text end

(4) provide the commissioner with a copy or other proof acceptable to the commissioner of the insurance contract or policy required by this chapterdeleted text begin .deleted text end new text begin ;new text end

new text begin (5) provide proof, where applicable, of authorization to do business in the state of Minnesota; and new text end

deleted text begin (b) Before the commissioner issues a license to a promoter, the applicant shall deleted text end new text begin (6)new text end deposit with the commissioner a cash bond or surety bond in an amount set by the commissioner, which must not be less than $10,000. The bond shall be executed in favor of this state and shall be conditioned on the faithful performance by the promoter of the promoter's obligations under this chapter and the rules adopted under it. deleted text begin An applicant for a license as a promoter and licensed promoters shall submit an application for each event a minimum of six weeks before the combative sport contest is scheduled to occur.deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Before the commissioner issues a license to a combatant, the applicant shallnew text begin :new text end

new text begin (1)new text end submit to the commissionerdeleted text begin :deleted text end

deleted text begin (1) a mixed martial arts combatant national identification number or federal boxing identification number that is unique to the applicant, or both; and deleted text end

deleted text begin (2)deleted text end the results of a current medical examination on forms furnished or approved by the commissioner. The medical examination must include an ophthalmological and neurological examination, and documentation of test results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may require. The ophthalmological examination must be designed to detect any retinal defects or other damage or condition of the eye that could be aggravated by combative sports. The neurological examination must include an electroencephalogram or medically superior test if the combatant has been knocked unconscious in a previous contest. The commissioner may also order an electroencephalogram or other appropriate neurological or physical examination before any contest if it determines that the examination is desirable to protect the health of the combatant. The commissioner shall not issue a license to an applicant submitting positive test results for HBV, HCV, or HIVdeleted text begin .deleted text end new text begin ;new text end

new text begin (2) complete a licensing application on the Office of Combative Sports Web site or on forms furnished or approved by the commissioner; and new text end

new text begin (3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's license, state photo identification card, passport, or birth certificate combined with additional photo identification. new text end

Sec. 11.

Minnesota Statutes 2014, section 341.32, subdivision 1, is amended to read:

Subdivision 1.

Annual licensure.

The commissioner may establish and issue annual licenses subject to the collection of advance fees by the commissioner for promoters, managers, judges, referees, ring announcers, ringside physicians, timekeepers, combatants, trainers, new text begin and new text end secondsdeleted text begin , business entities filing for a license to participate in the holding of any contest, and officers, directors, or other persons affiliated with the business entitydeleted text end .

Sec. 12.

Minnesota Statutes 2014, section 341.32, subdivision 2, is amended to read:

Subd. 2.

Expiration and deleted text begin renewaldeleted text end new text begin applicationnew text end .

Licenses expire annually on December 31deleted text begin , and may be reneweddeleted text end new text begin . A license may be applied for each yearnew text end by filing an application for deleted text begin renewal with the commissionerdeleted text end new text begin licensure and satisfying all licensure requirements established in section 341.30,new text end andnew text begin submittingnew text end payment of the license fees established in section 341.321. An application for a license and renewal of a license must be on a form provided by the commissioner. deleted text begin There is a 30-day grace period during which a license may be renewed if a late filing penalty fee equal to the license fee is submitted with the regular license fee. A licensee that files late shall not conduct any activity regulated by this chapter until the commissioner has renewed the license. If the licensee fails to apply to the commissioner within the 30-day grace period, the licensee must apply for a new license under subdivision 1.deleted text end

Sec. 13.

Minnesota Statutes 2014, section 341.33, is amended to read:

341.33 PHYSICAL EXAMINATION REQUIRED; FEES.

Subdivision 1.

Examination by physician.

All combatants must be examined by a physician licensed by this state within 36 hours before entering the ring, and the examining physician shall immediately file with the commissioner a written report of the examination. The physician's examination may report on the condition of the combatant's heart and general physical and general neurological condition. The physician's report may record the condition of the combatant's nervous system and brain as required by the commissioner. The physician may prohibit the combatant from entering the ring if, in the physician's professional opinion, it is in the best interest of the combatant's health. The cost of the examination is payable by the deleted text begin person or entitydeleted text end new text begin promoternew text end conducting the contest or exhibition.

Subd. 2.

Attendance of physician.

A deleted text begin persondeleted text end new text begin promoternew text end holding or sponsoring a combative sport contest shall have in attendance a physician licensed by this state. The commissioner may establish a schedule of fees to be paid to each attending physician by the deleted text begin persondeleted text end new text begin promoternew text end holding or sponsoring the contest.

Sec. 14.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin The revisor shall renumber the subdivisions in Minnesota Statutes, section 341.21, so that the definitions appear in alphabetical order. The revisor shall make any cross-reference changes necessary as a result of the renumbering. new text end

ARTICLE 4

APPRENTICESHIPS

Section 1. Minnesota Statutes 2014, section 178.03, subdivision 3, is amended to read:

Subd. 3.

Duties and functions.

new text begin (a) new text end The division shall be administered as prescribed by this chapter and in accordance with Code of Federal Regulations, title 29, part 29; to promote equal employment opportunity in apprenticeship and other on-the-job learning and to establish a Minnesota plan for equal employment opportunity in apprenticeship which shall be consistent with standards established under Code of Federal Regulations, title 29, part 30, as amended.

new text begin (b)new text end The division shall have the authority to make wage determinations applicable to the graduated schedule of wages and journeyworker wage rate for apprenticeship agreements, giving consideration to the existing wage rates prevailing throughout the state, except that no wage determination by the director shall alter an existing wage provision for apprentices or journeyworkers that is contained in a bargaining agreement in effect between an employer and an organization of employees, nor shall the director make any determination for the beginning rate for an apprentice that is below the wage minimum established by federal or state law.

new text begin (c) The division shall: new text end

new text begin (1) issue certificates of registration to sponsors of approved apprenticeship programs; new text end

new text begin (2) approve apprenticeship agreements if the division determines that approval is in the best interest of the apprentice and the agreement meets the standards established in this chapter; new text end

new text begin (3) terminate any apprenticeship agreement according to the provisions of the agreement and this chapter; new text end

new text begin (4) maintain a record of apprenticeship agreements and their disposition; new text end

new text begin (5) issue certificates of completion of apprentices; and new text end

new text begin (6) perform other duties as the commissioner deems necessary to carry out the intent of this chapter. new text end

Sec. 2.

Minnesota Statutes 2014, section 178.07, is amended to read:

178.07 REGISTERED APPRENTICESHIP AGREEMENTS.

Subdivision 1.

Approval required.

new text begin (a) The division shall approve, if it determines that it is in the best interest of the apprentice, an apprenticeship agreement that meets the standards established in this section. new text end

new text begin (b) new text end All terminations, cancellations, and transfers of apprenticeship agreements shall be approved by the division in writing. The division must be notified in writing by the sponsor within 45 days of all terminations, cancellations, or transfer of apprenticeship agreements.

Subd. 2.

Signatures required.

Apprenticeship agreements shall be signed by new text begin the division, new text end the sponsor, and by the apprentice, and if the apprentice is a minor, by a parent or legal guardian. When a minor enters into an apprenticeship agreement under this chapter for a period of learning extending into majority, the apprenticeship agreement shall likewise be binding for such a period as may be covered during the apprentice's majority.

Subd. 3.

Contents.

Every apprenticeship agreement entered into under this chapter shall contain:

(1) the names of the contracting parties, and the signatures required by subdivision deleted text begin 1 deleted text end new text begin 2new text end ;

(2) the date of birth, and information as to the race and sex of the apprentice, and, on a voluntary basis, the apprentice's Social Security number;

(3) contact information of the sponsor and the division;

(4) a statement of the trade or occupation which the apprentice is to be taught, the date on which the apprenticeship will begin, and the number of hours to be spent by the apprentice in work and the number of hours to be spent in concurrent, related instruction;

(5) a statement of the wages to be paid the apprentice under sections 178.036, subdivision deleted text begin 2deleted text end new text begin 6new text end , deleted text begin paragraph (e),deleted text end and 178.044, as applicable;

(6) a statement listing any fringe benefits to be provided to the apprentice;

(7) a statement incorporating as part of the agreement the registered standards of the apprenticeship program on the date of the agreement and as they may be amended during the period of the agreement;

(8) a statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination due to race, color, creed, religion, national origin, sex, sexual orientation, marital status, physical or mental disability, receipt of public assistance, or age; and

(9) such additional terms and conditions as may be prescribed or approved by the commissioner not inconsistent with the provisions of this chapter.

ARTICLE 5

OBSOLETE AND REDUNDANT STATUTES

Section 1. Minnesota Statutes 2014, section 182.6553, subdivision 1, is amended to read:

Subdivision 1.

Safe patient handling program required.

(a) deleted text begin By July 1, 2008, deleted text end Every licensed health care facility in the state shall adopt a written safe patient handling policy establishing the facility's plan to achieve deleted text begin by January 1, 2011,deleted text end the goal of minimizing manual lifting of patients by nurses and other direct patient care workers by utilizing safe patient handling equipment.

(b) The program shall address:

(1) assessment of hazards with regard to patient handling;

(2) the acquisition of an adequate supply of appropriate safe patient handling equipment;

(3) initial and ongoing training of nurses and other direct patient care workers on the use of this equipment;

(4) procedures to ensure that physical plant modifications and major construction projects are consistent with program goals; and

(5) periodic evaluations of the safe patient handling program.

Sec. 2.

Minnesota Statutes 2014, section 182.6553, subdivision 2, is amended to read:

Subd. 2.

Safe patient handling committee.

(a) deleted text begin By July 1, 2008,deleted text end Every licensed health care facility in the state shall establish a safe patient handling committee either by creating a new committee or assigning the functions of a safe patient handling committee to an existing committee.

(b) Membership of a safe patient handling committee or an existing committee must meet the following requirements:

(1) at least half the members shall be nonmanagerial nurses and other direct patient care workers; and

(2) in a health care facility where nurses and other direct patient care workers are covered by a collective bargaining agreement, the union shall select the committee members proportionate to its representation of nonmanagerial workers, nurses, and other direct patient care workers.

(c) A health care organization with more than one covered health care facility may establish a committee at each facility or one committee to serve this function for all the facilities. If the organization chooses to have one overall committee for multiple facilities, at least half of the members of the overall committee must be nonmanagerial nurses and other direct patient care workers and each facility must be represented on the committee.

(d) Employees who serve on a safe patient handling committee must be compensated by their employer for all hours spent on committee business.

Sec. 3.

Minnesota Statutes 2014, section 184.21, subdivision 4, is amended to read:

Subd. 4.

Applicant.

The term "applicantdeleted text begin ,deleted text end " deleted text begin except when used to describe an applicant for an employment agency or counselor's license,deleted text end means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the medium or service of an employment agency.

Sec. 4.

Minnesota Statutes 2014, section 184.24, subdivision 1, is amended to read:

Subdivision 1.

Generally.

It is the duty of the department to administer the provisions of sections 184.21 to 184.40. The commissioner shall have power to compel the attendance of witnesses by the issuance of subpoenas, administer oaths, and to take testimony and proofs concerning all matters within its jurisdiction. The department deleted text begin shall affix an official seal to all certificates or licenses granted, anddeleted text end shall make all rules not inconsistent with law needed in performing its duties.

Sec. 5.

Minnesota Statutes 2014, section 184.41, is amended to read:

184.41 VIOLATIONS.

Any person who engages in the business of or acts as an employment agent or counselor deleted text begin without first procuring a license as required by section 184.22,deleted text end and any employment agent, manager, or counselor who violates the provisions of this chapter is guilty of a misdemeanor.

In addition to the penalties for commission of a misdemeanor, the department may bring an action for an injunction deleted text begin against any person who engages in the business of or acts as an employment agent or counselor without first procuring the license required under section 184.22, anddeleted text end against any employment agent, manager, or counselor who violates the applicable provisions of this chapter. deleted text begin If an agency, manager, or counselor is found guilty of a misdemeanor in any action relevant to the operation of an agency, the department may suspend or revoke the license of the agency, manager, or counselor.deleted text end

Sec. 6.

Minnesota Statutes 2014, section 326B.092, subdivision 3, is amended to read:

Subd. 3.

Late fee.

The department must receive a complete application for license renewal deleted text begin by the renewal deadline but not more than 90 days before the renewal deadline deleted text end new text begin prior to the license expiration datenew text end . If the department receives a renewal application after the expiration of the license, then the renewal application must be accompanied by a late fee equal to one-half of the license renewal fee; except that, for the purpose of calculating the late fee only, the license renewal fee shall not include any contractor recovery fund fee required by section 326B.89, subdivision 3.

Sec. 7.

Minnesota Statutes 2014, section 326B.092, subdivision 7, is amended to read:

Subd. 7.

License fees and license renewal fees.

(a) The license fee for each license is the base license fee plus any applicable board fee, continuing education fee, and contractor recovery fund fee and additional assessment, as set forth in this subdivision.

(b) For purposes of this section, "license duration" means the number of years for which the license is issued except thatdeleted text begin :deleted text end

deleted text begin (1)deleted text end if the initial license is not issued for a whole number of years, the license duration shall be rounded up to the next whole numberdeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (2) if the department receives an application for license renewal after the renewal deadline, license duration means the number of years for which the renewed license would have been issued if the renewal application had been submitted on time and all other requirements for renewal had been met. deleted text end

(c) The base license fee shall depend on whether the license is classified as an entry level, master, journeyman, or business license, and on the license duration. The base license fee shall be:

License Classification	License Duration
	1 Year	2 Years	3 Years
Entry level	$10	$20	$30
Journeyman	$20	$40	$60
Master	$40	$80	$120
Business	$90	$180	$270

(d) If there is a continuing education requirement for renewal of the license, then a continuing education fee must be included in the renewal license fee. The continuing education fee for all license classifications shall be: $10 if the renewal license duration is one year; $20 if the renewal license duration is two years; and $30 if the renewal license duration is three years.

(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.93, then a board fee must be included in the license fee and the renewal license fee. The board fee for all license classifications shall be: $4 if the license duration is one year; $8 if the license duration is two years; and $12 if the license duration is three years.

(f) If the application is for the renewal of a license issued under sections 326B.802 to 326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision 3, and any additional assessment required under section 326B.89, subdivision 16, must be included in the license renewal fee.

Sec. 8.

Minnesota Statutes 2014, section 326B.094, subdivision 3, is amended to read:

Subd. 3.

Deadline for avoiding license expiration.

The department must receive a complete application to renew a license no later than the deleted text begin renewal deadlinedeleted text end new text begin license expiration datenew text end . If the department does not receive a complete application by the deleted text begin renewal deadlinedeleted text end new text begin license expiration datenew text end , the license may expire before the department has either approved or denied the renewal application.

Sec. 9.

Minnesota Statutes 2014, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a) Space for commuter vans. The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging houses, apartment houses, and hotels as defined in section 299F.362 comply with the provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not require that each door entering a sleeping or patient's room from a corridor in a nursing home or hospital with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center serving fewer than 30 preschool age persons and which is located in a belowground space in a church building is exempt from the State Building Code requirement for a ground level exit when the center has more than two stairways to the ground level and its exit.

(e) Family and group family day care. Until the legislature enacts legislation specifying appropriate standards, the definition of dwellings constructed in accordance with the International Residential Code as adopted as part of the State Building Code applies to family and group family day care homes licensed by the Department of Human Services under Minnesota Rules, chapter 9502.

(f) Enclosed stairways. No provision of the code or any appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed.

(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of the code may prohibit double cylinder dead bolt locks in existing single-family homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. Any recommendation or promotion of double cylinder dead bolt locks must include a warning about their potential fire danger and procedures to minimize the danger.

(h) Relocated residential buildings. A residential building relocated within or into a political subdivision of the state need not comply with the State Energy Code or section 326B.439 provided that, where available, an energy audit is conducted on the relocated building.

(i) Automatic garage door opening systems. The code must require all residential buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 and 325F.83.

deleted text begin (j) Exit sign illumination. For a new building on which construction is begun on or after October 1, 1993, or an existing building on which remodeling affecting 50 percent or more of the enclosed space is begun on or after October 1, 1993, the code must prohibit the use of internally illuminated exit signs whose electrical consumption during nonemergency operation exceeds 20 watts of resistive power. All other requirements in the code for exit signs must be complied with. deleted text end

deleted text begin (k)deleted text end new text begin (j)new text end Exterior wood decks, patios, and balconies. The code must permit the decking surface and upper portions of exterior wood decks, patios, and balconies to be constructed of (1) heartwood from species of wood having natural resistance to decay or termites, including redwood and cedars, (2) grades of lumber which contain sapwood from species of wood having natural resistance to decay or termites, including redwood and cedars, or (3) treated wood. The species and grades of wood products used to construct the decking surface and upper portions of exterior decks, patios, and balconies must be made available to the building official on request before final construction approval.

deleted text begin (l)deleted text end new text begin (k)new text end Bioprocess piping and equipment. No permit fee for bioprocess piping may be imposed by municipalities under the State Building Code, except as required under section 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92 administered by the Department of Labor and Industry. All data regarding the material production processes, including the bioprocess system's structural design and layout, are nonpublic data as provided by section 13.7911.

deleted text begin (m)deleted text end new text begin (l)new text end Use of ungraded lumber. The code must allow the use of ungraded lumber in geographic areas of the state where the code did not generally apply as of April 1, 2008, to the same extent that ungraded lumber could be used in that area before April 1, 2008.

deleted text begin (n)deleted text end new text begin (m)new text end Window cleaning safety. The code must require the installation of dedicated anchorages for the purpose of suspended window cleaning on (1) new buildings four stories or greater; and (2) buildings four stories or greater, only on those areas undergoing reconstruction, alteration, or repair that includes the exposure of primary structural components of the roof.

The commissioner may waive all or a portion of the requirements of this paragraph related to reconstruction, alteration, or repair, if the installation of dedicated anchorages would not result in significant safety improvements due to limits on the size of the project, or other factors as determined by the commissioner.

Sec. 10.

Minnesota Statutes 2014, section 326B.106, subdivision 7, is amended to read:

Subd. 7.

Window fall prevention device code.

The commissioner of labor and industry shall adopt rules for window fall prevention devices as part of the State Building Code. Window fall prevention devices include, but are not limited to, safety screens, hardware, guards, and other devices that comply with the standards established by the commissioner of labor and industry. The rules shall require compliance with standards for window fall prevention devices developed by ASTM International, contained in the International Building Code as the model language with amendments deemed necessary to coordinate with the other adopted building codes in Minnesota. The rules shall establish a scope that includes the applicable building occupancies, and the types, locations, and sizes of windows that will require the installation of fall devices. deleted text begin The rules will be effective July 1, 2009. The commissioner shall report to the legislature on the status of the rulemaking on or before February 15, 2008.deleted text end

Sec. 11.

Minnesota Statutes 2014, section 326B.109, subdivision 2, is amended to read:

Subd. 2.

Application.

This section applies only to a place of public accommodation for which construction, or alterations exceeding 50 percent of the estimated replacement value of the existing facility, deleted text begin begins after July 1, 1995deleted text end new text begin occursnew text end .

Sec. 12.

Minnesota Statutes 2014, section 326B.135, subdivision 4, is amended to read:

Subd. 4.

Effective date.

deleted text begin Effective January 1, 2008,deleted text end All construction inspectors deleted text begin hired on or after January 1, 2008,deleted text end shall, within one year of hire, be in compliance with the competency criteria established according to subdivision 1.

Sec. 13.

Minnesota Statutes 2014, section 326B.139, is amended to read:

326B.139 APPEALS.

A person aggrieved by the final decision of any local or state level board of appeals as to the application of the code, including any rules adopted under deleted text begin sections 471.465 todeleted text end new text begin section new text end 471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant shall submit a nonrefundable fee of $70, payable to the commissioner, with the request for appeal. An appeal must be heard as a contested case under chapter 14. The commissioner shall submit written findings to the parties. The party not prevailing shall pay the costs of the contested case hearing, including fees charged by the Office of Administrative Hearings and the expense of transcript preparation. Costs under this section do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes the Council on Disability. No fee or costs shall be required when the council on disability is the appellant.

Sec. 14.

Minnesota Statutes 2014, section 326B.194, is amended to read:

326B.194 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS.

The state of Minnesota ratifies and approves the deleted text begin following compact:deleted text end new text begin Interstate Industrialized Buildings Commission's Interstate Compact as amended by Laws 1990, chapter 458, section 2; Laws 1995, chapter 254, article 4, section 1; and Laws 2007, chapter 140, article 4, section 61, and article 13, section 4, on industrialized/modular buildings and incorporates the compact by reference. The commissioner must make a copy of the compact available to the public.new text end

deleted text begin INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS deleted text end

deleted text begin ARTICLE I deleted text end

deleted text begin FINDINGS AND DECLARATIONS OF POLICY deleted text end

deleted text begin (1) The compacting states find that: deleted text end

deleted text begin (a) Industrialized/modular buildings are constructed in factories in the various states and are a growing segment of the nation's affordable housing and commercial building stock. deleted text end

deleted text begin (b) The regulation of industrialized/modular buildings varies from state to state and locality to locality, which creates confusion and burdens state and local building officials and the industrialized/modular building industry. deleted text end

deleted text begin (c) Regulation by multiple jurisdictions imposes additional costs, which are ultimately borne by the owners and users of industrialized/modular buildings, restricts market access and discourages the development and incorporation of new technologies. deleted text end

deleted text begin (2) It is the policy of each of the compacting states to: deleted text end

deleted text begin (a) Provide the states which regulate the design and construction of industrialized/modular buildings with a program to coordinate and uniformly adopt and administer the states' rules and regulations for such buildings, all in a manner to assure interstate reciprocity. deleted text end

deleted text begin (b) Provide to the United States Congress assurances that would preclude the need for a voluntary preemptive federal regulatory system for modular housing, as outlined in Section 572 of the Housing and Community Development Act of 1987, including development of model standards for modular housing construction, such that design and performance will insure quality, durability and safety; will be in accordance with life-cycle cost-effective energy conservation standards; all to promote the lowest total construction and operating costs over the life of such housing. deleted text end

deleted text begin ARTICLE II deleted text end

deleted text begin DEFINITIONS deleted text end

deleted text begin As used in this compact, unless the context clearly requires otherwise: deleted text end

deleted text begin (1) "Commission" means the Interstate Industrialized/Modular Buildings Commission. deleted text end

deleted text begin (2) "Industrialized/modular building" means any building which is of closed construction, i.e. constructed in such a manner that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage or destruction, and which is made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. "Industrialized/modular building" includes, but is not limited to, modular housing which is factory-built single-family and multifamily housing (including closed wall panelized housing) and other modular, nonresidential buildings. "Industrialized/modular building" does not include any structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974. deleted text end

deleted text begin (3) "Interim reciprocal agreement" means a formal reciprocity agreement between a noncompacting state wherein the noncompacting state agrees that labels evidencing compliance with the model rules and regulations for industrialized/modular buildings, as authorized in Article VIII, section (9), shall be accepted by the state and its subdivisions to permit installation and use of industrialized/modular buildings. Further, the noncompacting state agrees that by legislation or regulation, and appropriate enforcement by uniform administrative procedures, the noncompacting state requires all industrialized/modular building manufacturers within that state to comply with the model rules and regulations for industrialized/modular buildings. deleted text end

deleted text begin (4) "State" means a state of the United States, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. deleted text end

deleted text begin (5) "Uniform administrative procedures" means the procedures adopted by the commission (after consideration of any recommendations from the rules development committee) which state and local officials, and other parties, in one state, will utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard of requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies. deleted text end

deleted text begin (6) "Model rules and regulations for industrialized/modular buildings" means the construction standards adopted by the commission (after consideration of any recommendations from the rules development committee) which govern the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The construction standards and any amendments thereof shall conform insofar as practicable to model building codes and referenced standards generally accepted and in use throughout the United States. deleted text end

deleted text begin ARTICLE III deleted text end

deleted text begin CREATION OF COMMISSION deleted text end

deleted text begin The compacting states hereby create the Interstate Industrialized/Modular Buildings Commission, hereinafter called commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states. deleted text end

deleted text begin ARTICLE IV deleted text end

deleted text begin SELECTION OF COMMISSIONERS deleted text end

deleted text begin The commission shall be selected as follows. As each state becomes a compacting state, one resident shall be appointed as commissioner. The commissioner shall be selected by the governor of the compacting state, being designated from the state agency charged with regulating industrialized/modular buildings or, if such state agency does not exist, being designated from among those building officials with the most appropriate responsibilities in the state. The commissioner may designate another official as an alternate to act on behalf of the commissioner at commission meetings which the commissioner is unable to attend. deleted text end

deleted text begin Each state commissioner shall be appointed, suspended, or removed and shall serve subject to and in accordance with the laws of the state which said commissioner represents; and each vacancy occurring shall be filled in accordance with the laws of the state wherein the vacancy exists. deleted text end

deleted text begin For every three state commissioners that have been appointed in the manner described, those state commissioners shall select one additional commissioner who shall be a representative of manufacturers of residential- or commercial-use industrialized/modular buildings. For every six state commissioners that have been appointed in the manner described, the state commissioners shall select one additional commissioner who shall be a representative of consumers of industrialized/modular buildings. In the event states withdraw from the compact or, for any other reason, the number of state commissioners is reduced, the state commissioners shall remove the last added representative commissioner as necessary to maintain the ratio of state commissioners to representative commissioners described herein. deleted text end

deleted text begin Upon a majority vote of the state commissioners, the state commissioners may remove, fill a vacancy created by, or replace any representative commissioner, provided that any replacement is made from the same representative group and the ratio described herein is maintained. Unless provided otherwise, the representative commissioners have the same authority and responsibility as the state commissioners. deleted text end

deleted text begin In addition, the commission may have as a member one commissioner representing the United States government if federal law authorizes such representation. Such commissioner shall not vote on matters before the commission. Such commissioner shall be appointed by the President of the United States, or in such other manner as may be provided by Congress. deleted text end

deleted text begin ARTICLE V deleted text end

deleted text begin VOTING deleted text end

deleted text begin Each commissioner (except the commissioner representing the United States government) shall be entitled to one vote on the commission. A majority of the commissioners shall constitute a quorum for the transaction of business. Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the quorum present and voting. deleted text end

deleted text begin ARTICLE VI deleted text end

deleted text begin ORGANIZATION AND MANAGEMENT deleted text end

deleted text begin The commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The commission shall also select a secretariat, which shall provide an individual who shall serve as secretary of the commission. The commission shall fix and determine the duties and compensation of the secretariat. The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission. deleted text end

deleted text begin The commission shall adopt a seal. deleted text end

deleted text begin The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. deleted text end

deleted text begin The commission shall establish and maintain an office at the same location as the office maintained by the secretariat for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call additional meetings and upon the request of a majority of the commissioners of three or more of the compacting states shall call an additional meeting. deleted text end

deleted text begin The commission annually shall make the governor and legislature of each compacting state a report covering its activities for the preceding year. Any donation or grant accepted by the commission or services borrowed shall be reported in the annual report of the commission and shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. The commission may make additional reports as it may deem desirable. deleted text end

deleted text begin ARTICLE VII deleted text end

deleted text begin COMMITTEES deleted text end

deleted text begin The commission will establish such committees as it deems necessary, including, but not limited to, the following: deleted text end

deleted text begin (1) An executive committee which functions when the full commission is not meeting, as provided in the bylaws of the commission. The executive committee will ensure that proper procedures are followed in implementing the commission's programs and in carrying out the activities of the compact. The executive committee shall be elected by vote of the commission. It shall be comprised of at least three and no more than nine commissioners, selected from the state commissioners and one member of the industry commissioners and one member of the consumer commissioners. deleted text end

deleted text begin (2) A rules development committee appointed by the commission. The committee shall be consensus-based and consist of not less than seven nor more than 21 members. Committee members will include state building regulatory officials; manufacturers of industrialized/modular buildings; private, third-party inspection agencies; and consumers. This committee may recommend procedures which state and local officials, and other parties, in one state, may utilize to assure state and local officials, and other parties, in other states, of the substantial compliance of industrialized/modular building construction with the construction standard requirements of such other states; to assess the adequacy of building systems; and to verify and assure the competency and performance of evaluation and inspection agencies. This committee may also recommend construction standards for the design, manufacture, handling, storage, delivery and installation of industrialized/modular buildings and building components. The committee will submit its recommendations to the commission, for the commission's consideration in adopting and amending the uniform administrative procedures and the model rules and regulations for industrialized/modular buildings. The committee may also review the regulatory programs of the compacting states to determine whether those programs are consistent with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings and may make recommendations concerning the states' programs to the commission. In carrying out its functions, the rules committee may conduct public hearings and otherwise solicit public input and comment. deleted text end

deleted text begin (3) Any other advisory, coordinating or technical committees, membership on which may include private persons, public officials, associations or organizations. Such committees may consider any matter of concern to the commission. deleted text end

deleted text begin (4) Such additional committees as the commission's bylaws may provide. deleted text end

deleted text begin ARTICLE VIII deleted text end

deleted text begin POWER AND AUTHORITY deleted text end

deleted text begin In addition to the powers conferred elsewhere in this compact, the commission shall have power to: deleted text end

deleted text begin (1) Collect, analyze and disseminate information relating to industrialized/modular buildings. deleted text end

deleted text begin (2) Undertake studies of existing laws, codes, rules and regulations, and administrative practices of the states relating to industrialized/modular buildings. deleted text end

deleted text begin (3) Assist and support committees and organizations which promulgate, maintain and update model codes or recommendations for uniform administrative procedures or model rules and regulations for industrialized/modular buildings. deleted text end

deleted text begin (4) Adopt and amend uniform administrative procedures and model rules and regulations for industrialized/modular buildings. deleted text end

deleted text begin (5) Make recommendations to compacting states for the purpose of bringing such states' laws, codes, rules and regulations and administrative practices into conformance with the uniform administrative procedures or the model rules and regulations for industrialized/modular buildings, provided that such recommendations shall be made to the appropriate state agency with due consideration for the desirability of uniformity while also giving appropriate consideration to special circumstances which may justify variations necessary to meet unique local conditions. deleted text end

deleted text begin (6) Assist and support the compacting states with monitoring of plan review programs and inspection programs, which will assure that the compacting states have the benefit of uniform industrialized/modular building plan review and inspection programs. deleted text end

deleted text begin (7) Assist and support organizations which train state and local government and other program personnel in the use of uniform industrialized/modular building plan review and inspection programs. deleted text end

deleted text begin (8) Encourage and promote coordination of state regulatory action relating to manufacturers, public or private inspection programs. deleted text end

deleted text begin (9) Create and sell labels to be affixed to industrialized/modular building units, constructed in or regulated by compacting states, where such labels will evidence compliance with the model rules and regulations for industrialized/modular buildings, enforced in accordance with the uniform administrative procedures. The commission may use receipts from the sale of labels to help defray the operating expenses of the commission. deleted text end

deleted text begin (10) Assist and support compacting states' investigations into and resolutions of consumer complaints which relate to industrialized/modular buildings constructed in one compacting state and sited in another compacting state. deleted text end

deleted text begin (11) Borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, association, person, firm or corporation. deleted text end

deleted text begin (12) Accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. deleted text end

deleted text begin (13) Establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein. deleted text end

deleted text begin (14) Enter into contracts and agreements, including but not limited to, interim reciprocal agreements with noncompacting states. deleted text end

deleted text begin ARTICLE IX deleted text end

deleted text begin FINANCE deleted text end

deleted text begin The commission shall submit to the governor or designated officer or officers of each compacting state a budget of its estimated expenditures for such period as may be required by the laws of that state for presentation to the legislature thereof. deleted text end

deleted text begin Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the compacting states. The total amount of appropriations requested under any such budget shall be apportioned among the compacting states as follows: one-half in equal shares; one-fourth among the compacting states in accordance with the ratio of their populations to the total population of the compacting states, based on the last decennial federal census; and one-fourth among the compacting states in accordance with the ratio of industrialized/modular building units manufactured in each state to the total of all units manufactured in all of the compacting states. deleted text end

deleted text begin The commission shall not pledge the credit of any compacting state. The commission may meet any of its obligations in whole or in part with funds available to it by donations, grants, or sale of labels: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it by donations, grants or sale of labels, the commission shall not incur any obligation prior to the allotment of funds by the compacting states adequate to meet the same. deleted text end

deleted text begin The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission. deleted text end

deleted text begin The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the compacting states and any person authorized by the commission. deleted text end

deleted text begin Nothing contained in this article shall be construed to prevent commission compliance relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission. deleted text end

deleted text begin ARTICLE X deleted text end

deleted text begin ENTRY INTO FORCE AND WITHDRAWAL deleted text end

deleted text begin This compact shall enter into force when enacted into law by any three states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. The commission shall arrange for notification of all compacting states whenever there is a new enactment of the compact. deleted text end

deleted text begin Any compacting state may withdraw from this compact by enacting a statute repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a compacting state prior to the time of such withdrawal. deleted text end

deleted text begin ARTICLE XI deleted text end

deleted text begin RECIPROCITY deleted text end

deleted text begin If the commission determines that the standards for industrialized/modular buildings prescribed by statute, rule or regulation of compacting state are at least equal to the commission's model rules and regulations for industrialized/modular buildings, and that such state standards are enforced by the compacting state in accordance with the uniform administrative procedures, industrialized/modular buildings approved by such a compacting state shall be deemed to have been approved by all the compacting states for placement in those states in accordance with procedures prescribed by the commission. deleted text end

deleted text begin ARTICLE XII deleted text end

deleted text begin EFFECT ON OTHER LAWS AND JURISDICTION deleted text end

deleted text begin Nothing in this compact shall be construed to: deleted text end

deleted text begin (1) Withdraw or limit the jurisdiction of any state or local court or administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction pursuant to this compact, is expressly conferred upon another agency or body. deleted text end

deleted text begin (2) Supersede or limit the jurisdiction of any court of the United States. deleted text end

deleted text begin ARTICLE XIII deleted text end

deleted text begin CONSTRUCTION AND SEVERABILITY deleted text end

deleted text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. deleted text end

Sec. 15.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin The revisor of statutes shall remove Minnesota Rules, part 5200.0370, item C, subitem (1), from Minnesota Rules. new text end

Sec. 16.

new text begin REPEALER. new text end

new text begin Subdivision 1. new text end

new text begin Labor standards. new text end

new text begin Minnesota Statutes 2014, section 181.12, new text end new text begin is repealed. new text end

new text begin Subd. 2. new text end

new text begin Fee employment agencies. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 184.22, subdivision 1; 184.25; 184.26; 184.27; 184.28; 184.29; 184.30, subdivision 1; 184.32; 184.33; 184.34; 184.35; 184.36; 184.38, subdivisions 2, 16, and 17; and 184.40, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 5200.0510; 5200.0520; 5200.0530; 5200.0540; 5200.0550; 5200.0560; 5200.0570; 5200.0750; and 5200.0760, new text end new text begin are repealed. new text end

new text begin Subd. 3. new text end

new text begin Construction codes and licensing. new text end

new text begin Minnesota Statutes 2014, sections 326B.091, subdivision 6; 326B.106, subdivision 10; 326B.169; and 326B.181, new text end new text begin are repealed. new text end

new text begin Subd. 4. new text end

new text begin Municipal rights, powers, duties. new text end

new text begin Minnesota Statutes 2014, sections 471.465; 471.466; 471.467; and 471.468, new text end new text begin are repealed. new text end

new text begin Subd. 5. new text end

new text begin State procurement. new text end

new text begin Minnesota Statutes 2014, section 16C.0745, new text end new text begin is repealed. new text end

ARTICLE 6

CONFORMING CHANGES

Section 1. Minnesota Statutes 2014, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, deleted text begin 181.12,deleted text end 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, or with any rule promulgated under section 177.28. The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.

Sec. 2.

Minnesota Statutes 2014, section 181.171, subdivision 1, is amended to read:

Subdivision 1.

Civil action; damages.

A person may bring a civil action seeking redress for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10, 181.101, 181.11, deleted text begin 181.12,deleted text end 181.13, 181.14, 181.145, and 181.15 directly to district court. An employer who is found to have violated the above sections is liable to the aggrieved party for the civil penalties or damages provided for in the section violated. An employer who is found to have violated the above sections shall also be liable for compensatory damages and other appropriate relief including but not limited to injunctive relief.

Sec. 3.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2014, section 609B.137, new text end new text begin is repealed. new text end

Presented to the governor May 16, 2015

Signed by the governor May 19, 2015, 3:56 p.m.

Office of the Revisor of Statutes

Minnesota Session Laws - 2015, Regular Session

Resources

Chapter 54

CHAPTER 54--S.F.No. 1371

ARTICLE 1

CONSTRUCTION CODES AND LICENSING

Section 1.

Minnesota Statutes 2014, section 103I.205, subdivision 4, is amended to read:

Subd. 4.

License required.

Sec. 2.

Minnesota Statutes 2014, section 326B.082, subdivision 11, is amended to read:

Subd. 11.

Licensing orders; grounds; reapplication.

Sec. 3.

new text begin [326B.0921] BOND REQUIREMENTS. new text end

Sec. 4.

Minnesota Statutes 2014, section 326B.094, subdivision 2, is amended to read:

Subd. 2.

Availability of renewal.

Sec. 5.

Minnesota Statutes 2014, section 326B.098, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Courses submitted by the state. new text end

Sec. 6.

Minnesota Statutes 2014, section 326B.106, subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Minnesota Statutes 2014, section 326B.13, subdivision 8, is amended to read:

Subd. 8.

Effective date of rules.

Sec. 8.

Minnesota Statutes 2014, section 326B.164, subdivision 8, is amended to read:

Subd. 8.

Bond required.

Sec. 9.

Minnesota Statutes 2014, section 326B.184, subdivision 2, is amended to read:

Subd. 2.

Operating permits and fees; periodic inspections.

Sec. 10.

Minnesota Statutes 2014, section 326B.188, is amended to read:

326B.188 TIMELINE new text begin AND EXEMPTION new text end FOR COMPLIANCE WITH ELEVATOR CODE CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Minnesota Statutes 2014, section 326B.33, subdivision 6, is amended to read:

Subd. 6.

Bond.

Sec. 12.

Minnesota Statutes 2014, section 326B.33, subdivision 15, is amended to read:

Subd. 15.

Bond required.

Sec. 13.

Minnesota Statutes 2014, section 326B.37, subdivision 11, is amended to read:

Subd. 11.

Inspection of transitory project.

Sec. 14.

Minnesota Statutes 2014, section 326B.46, subdivision 1b, is amended to read:

Subd. 1b.

Employment of master plumber or restricted master plumber.

Sec. 15.

Minnesota Statutes 2014, section 326B.46, subdivision 2, is amended to read:

Subd. 2.

Bond; insurance.

Sec. 16.

Minnesota Statutes 2014, section 326B.49, subdivision 3, is amended to read:

Subd. 3.

Permits; fees.

Sec. 17.

Minnesota Statutes 2014, section 326B.56, subdivision 1, is amended to read:

Subdivision 1.

Bonds.

Sec. 18.

Minnesota Statutes 2014, section 326B.701, subdivision 3, is amended to read:

Subd. 3.

Registration application.

Sec. 19.

Minnesota Statutes 2014, section 326B.811, subdivision 1, is amended to read: