HF 1555

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2015 01:53pm

A bill for an act
relating to labor and industry; making housekeeping changes related to
the Department of Labor and Industry, Office of Combative Sports, and
apprenticeship programs; removing obsolete, redundant, and unnecessary
laws and rules; making conforming changes; amending Minnesota Statutes
2014, sections 177.27, subdivision 4; 178.03, subdivision 3; 178.07; 181.171,
subdivision 1; 182.6553, subdivisions 1, 2; 184.21, subdivision 4; 184.24,
subdivision 1; 184.41; 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; 341.321; 341.33; repealing Minnesota Statutes 2014, sections 181.12;
181.9435, subdivision 2; 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; 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

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 art deleted 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" means new text begin a combat
sport in which combatants are permitted to use a wide range of fighting techniques and is new 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 art deleted text end new text begin disciplines new 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 include deleted text end new text begin includes new text end
kickboxing deleted text begin or any deleted text end new text begin and other new text end recognized martial deleted text begin arts deleted text end new text begin art new 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 arts new 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 students new 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 and
deleted text end

(4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082 deleted text begin . deleted text end new text begin , except that the licensing reapplication time frames remain within the sole
discretion of the commissioner; and
new 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 of deleted text end new text begin any matter with new 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 holding new text begin , promoting, new text end or
deleted text begin conduct deleted text end new text begin conducting new text end of any combative sport contest, a corporation, partnership, limited
liability company, or other business entity organized and existing under law deleted text begin , its officers
and directors, and any person holding 25 percent or more of the ownership of the
corporation deleted 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 promoter deleted text end new text begin an individual new text end , corporation, or other business entity, the
applicant shall new 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 shall new 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 entity deleted text end new text begin applicant new text end ; deleted text begin and
deleted 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 chapter deleted 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 shall new text begin :
new text end

new text begin (1) new text end submit to the commissioner deleted 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 HIV deleted 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 seconds deleted 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 entity deleted text end .

Sec. 12.

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

Subd. 2.

Expiration and deleted text begin renewal deleted text end new text begin application new text end .

Licenses expire annually on
December 31 deleted text begin , and may be renewed deleted text end new text begin . A license may be applied for each year new text end by filing
an application for deleted text begin renewal with the commissioner deleted text end new text begin licensure and satisfying all licensure
requirements established in section 341.30, new text end and new text begin submitting new 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 341.321, is amended to read:

341.321 FEE SCHEDULE.

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

(1) referees, $80 deleted text begin for each initial license and each renewal deleted text end ;

(2) promoters, $700 deleted text begin for each initial license and each renewal deleted text end ;

(3) judges and knockdown judges, $80 deleted text begin for each initial license and each renewal deleted text end ;

(4) trainers new text begin and seconds new text end , $80 deleted text begin for each initial license and each renewal deleted text end ;

(5) ring announcers, $80 deleted text begin for each initial license and each renewal deleted text end ;

deleted text begin (6) seconds, $80 for each initial license and each renewal;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end timekeepers, $80 deleted text begin for each initial license and each renewal deleted text end ;

deleted text begin (8) deleted text end new text begin (7) professional new text end combatants, deleted text begin $100 for each initial license and each renewal deleted text end new text begin $70 new text end ;

new text begin (8) amateur combatants, $50;
new text end

(9) managers, $80 deleted text begin for each initial license and each renewal deleted text end ; and

(10) ringside physicians, $80 deleted text begin for each initial license and each renewal deleted text end .

In addition to the license fee deleted text begin and the late filing penalty fee in section 341.32, subdivision
2, if applicable deleted text end , an individual who applies for a deleted text begin professional deleted text end license deleted text begin on the same day deleted text end new text begin
within the 48 hours preceding when new text end the combative sporting event is held shall pay a late
fee of $100 plus the original license fee deleted text begin of $120 at the time the application is submitted deleted text end .

deleted text begin (b) The fee schedule for amateur licenses issued by the commissioner is as follows:
deleted text end

deleted text begin (1) referees, $80 for each initial license and each renewal;
deleted text end

deleted text begin (2) promoters, $700 for each initial license and each renewal;
deleted text end

deleted text begin (3) judges and knockdown judges, $80 for each initial license and each renewal;
deleted text end

deleted text begin (4) trainers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (5) ring announcers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (6) seconds, $80 for each initial license and each renewal;
deleted text end

deleted text begin (7) timekeepers, $80 for each initial license and each renewal;
deleted text end

deleted text begin (8) combatant, $60 for each initial license and each renewal;
deleted text end

deleted text begin (9) managers, $80 for each initial license and each renewal; and
deleted text end

deleted text begin (10) ringside physicians, $80 for each initial license and each renewal.
deleted text end

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

new text begin (c) new text end A professional or amateur combative sport contest fee is nonrefundable deleted text begin . deleted text end new text begin and
shall be paid as follows:
new text end

new text begin (1) $500 at the time the combative sport contest is scheduled; and
new text end

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

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

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

deleted text begin (d) deleted text end new text begin (e) new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

Sec. 14.

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 entity deleted text end new text begin promoter new text end conducting the
contest or exhibition.

Subd. 2.

Attendance of physician.

A deleted text begin person deleted text end new text begin promoter new 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 person deleted text end new text begin promoter new text end holding or sponsoring the contest.

Sec. 15. 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 2

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
2 new 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 2 deleted text end new text begin 6 new 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 3

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 "applicant deleted 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, and deleted 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, and deleted 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. 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. 7. 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, sections 181.12; and
181.9435, subdivision 2, new text end new text begin are 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

ARTICLE 4

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