SF 3692
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/20/2026 09:40 a.m.
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A bill for an act
relating to trade regulations; requiring certain proof before some types of asphalt
can be legally sold; requiring business entities that perform commercial or retail
paving with hot mix or warm mix asphalt to register as construction contractors;
establishing civil and criminal penalties; amending Minnesota Statutes 2024,
section 326B.701, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[325F.013] ASPHALT.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For the purposes of this section, "person" means an individual,
sole proprietor, limited liability company, limited liability partnership, corporation,
partnership, incorporated or unincorporated association, joint stock company, or any other
legal or commercial entity.
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new text begin Subd. 2. new text end
new text begin Illegal purchase; criminal penalty. new text end
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A person who is not registered as a
construction contractor under section 326B.701 is guilty of a gross misdemeanor if the
person:
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(1) purchases hot mix or warm mix asphalt for commercial or retail paving use;
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(2) falsely represents to a seller of hot mix or warm mix asphalt that the person has a
valid construction contractor registration under section 326B.701; or
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(3) falsely attests to a seller of hot mix or warm mix asphalt that the person is purchasing
hot mix or warm mix asphalt solely for personal use.
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new text begin Subd. 3. new text end
new text begin Illegal sale; civil penalty. new text end
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(a) The commissioner of labor and industry may
assess a civil penalty on a person who sells hot mix or warm mix asphalt to a person who
does not possess a valid construction contractor registration under section 326B.701, unless:
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(1) the purchaser attests that the asphalt is solely for personal use; and
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(2) the purchaser purchases from the seller no more than:
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(i) five tons of asphalt in a single transaction; and
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(ii) ten tons of asphalt in any 12-month period.
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(b) The commissioner may impose a fine under this subdivision of:
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(1) up to $1,000 per violation; or
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(2) up to $3,000 per violation, if the commissioner (i) determines the seller knowingly
or intentionally violated this subdivision, or (ii) previously imposed a civil penalty on the
seller for a violation of this subdivision.
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(c) A fine imposed under this subdivision may be recovered in a civil action in the name
of the department brought in the district court of the county where the violation is alleged
to have occurred or the district court where the commissioner has an office. The
commissioner must deposit recovered civil penalties in the general fund.
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new text begin Subd. 4. new text end
new text begin Protection from civil liability. new text end
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A seller that cites subdivision 3 as the
justification for refusing to sell hot mix or warm mix asphalt is not liable under civil law
for refusing the sale.
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new text begin EFFECTIVE DATE. new text end
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This section is effective for violations and crimes committed on
or after August 1, 2027.
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Sec. 2.
Minnesota Statutes 2024, section 326B.701, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
The following definitions apply to this section:
(a) "Building construction or improvement services" means public or private sector
commercial or residential building construction or improvement servicesnew text begin or a commercial
or retail paving with hot mix or warm mix asphaltnew text end .
(b) "Business entity" means a person as that term is defined in paragraph (h), except the
term does not include an individual.
(c) "Commissioner" means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department of Labor
and Industry or person working under contract with the Department of Labor and Industry.
(d) "Day" means calendar day unless otherwise provided.
(e) "Department" means the Department of Labor and Industry.
(f) "Document" or "documents" includes papers; books; records; memoranda; data;
contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
records; accounts; files; statements; letters; emails; invoices; bills; notes; and calendars
maintained in any form or manner.
(g) "Individual" means a human being.
(h) "Person" means any individual, sole proprietor, limited liability company, limited
liability partnership, corporation, partnership, incorporated or unincorporated association,
joint stock company, or any other legal or commercial entity.