SF 730

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to labor and employment; creating a Board of Residential Construction;
modifying license regulation; authorizing rulemaking; amending Minnesota
Statutes 2008, sections 326B.02, subdivisions 2, 5; 326B.802, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 326B.

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

Section 1.

Minnesota Statutes 2008, section 326B.02, subdivision 2, is amended to read:

Subd. 2.

Transfer of authority.

The commissioner of administration may not use
the authority under section 16B.37 to modify the transfers of authority to the new text begin Board of
Residential Construction, the new text end Plumbing Board, the Board of Electricity, or the Board of
High Pressure Piping Systems under this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 326B.02, subdivision 5, is amended to read:

Subd. 5.

General rulemaking authority.

The commissioner may, under the
rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
amend, suspend, and repeal rules relating to the commissioner's responsibilities under this
chapter, except for rules for which the rulemaking authority is expressly transferred to
the new text begin Board of Residential Construction, the new text end Plumbing Board, the Board of Electricity, or
the Board of High Pressure Piping Systems.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 326B.802, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Residential Construction.
new text end

Sec. 4.

new text begin [326B.803] BOARD OF RESIDENTIAL CONSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

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

new text begin (1) four members shall be licensed residential building contractors or licensed
residential remodelers, two of whom reside in the seven-county metropolitan area and
two of whom reside in greater Minnesota;
new text end

new text begin (2) two members shall be certified building officials as defined in section 326B.133,
one of whom must reside in the seven-county metropolitan area and one of whom must
reside in greater Minnesota;
new text end

new text begin (3) one member shall be a residential construction supplier;
new text end

new text begin (4) two members shall be carpenters, one of whom must reside in the metropolitan
area and one of whom must reside in greater Minnesota;
new text end

new text begin (5) one member shall be a fire marshal;
new text end

new text begin (6) one member shall be a licensed manufactured home installer as defined under
section 327.31, subdivision 11; and
new text end

new text begin (7) one member shall be a public member as defined by section new text end new text begin .
new text end

new text begin (b) All of the appointed members except for the public member and the fire marshal
must have at least four years of experience in the residential construction industry or
have successfully completed an apprenticeship under an approved apprentice agreement
under chapter 178.
new text end

new text begin (c) One of the licensed residential building contractors or licensed residential
remodelers shall be appointed to an initial term to end December 31, 2012. Two of
the licensed residential building contractors or licensed residential remodelers shall be
appointed for an initial term to end December 31, 2013. One of the licensed residential
building contractors or licensed residential remodelers shall be appointed for an initial
term to end December 31, 2014. One of the certified building officials shall be appointed
for an initial term to end December 31, 2012. The other building official shall be appointed
for an initial term to end December 31, 2013. The residential construction supplier shall be
appointed for an initial term to end December 31, 2013. One carpenter shall be appointed
for an initial term to end December 31, 2012. The other carpenter shall be appointed for
an initial term to end December 31, 2014. The fire marshal shall be appointed for an initial
term to end December 31, 2014. The manufactured home installer shall be appointed for
an initial term to end December 31, 2014. The public member shall be appointed for
an initial term to end December 31, 2012.
new text end

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

new text begin Subd. 2. new text end

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

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

new text begin (1) elect a chair, vice-chair, and secretary as provided in subdivision 6;
new text end

new text begin (2) adopt bylaws that specify the duties of its officers and the meeting dates of
the board, and contain other provisions as may be useful and necessary for the efficient
conduct of the business of the board;
new text end

new text begin (3) establish by rule the residential building code that must be followed in this
state and any residential building code amendments, to include performance guidelines
in the State Building Code for new construction and remodeling. The board shall adopt
the residential code and any amendments pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (b) and (c);
new text end

new text begin (4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;
new text end

new text begin (5) adopt rules that regulate the licensure or registration of residential building
contractors and residential remodelers as defined in section 326B.802. The board shall
adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs
(d) and (e);
new text end

new text begin (6) refer complaints or other communications to the commissioner as provided in
subdivision 8;
new text end

new text begin (7) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
new text end

new text begin (8) approve license reciprocity agreements;
new text end

new text begin (9) select from its members individuals to serve on any other state advisory council,
board, or committee; and
new text end

new text begin (10) recommend fees for licenses and certifications.
new text end

new text begin (b) Except for the powers granted to the Board of Residential Construction,
Plumbing Board, Board of Electricity, and the Board of High Pressure Piping Systems,
the commissioner shall administer and enforce the provisions of this chapter and any
rules adopted under it.
new text end

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

new text begin (d) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by other appropriate boards under
this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner shall supply necessary office
space and supplies to assist the board in its duties. The commissioner shall post on the
department's official Web site meeting notices and meeting minutes for all boards for
whom the commissioner provides administrative support under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at the rate
of $55 a day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section new text end new text begin 43A.18, subdivision 2.
new text end

new text begin (b) Members who are state employees or employees of political subdivisions of
the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However,
an employee of the state or political subdivision may receive the daily payment if the
employee uses vacation time or compensatory time accumulated in accordance with a
collective bargaining agreement or compensation plan for board activities. Members who
are state employees or employees of political subdivisions of the state may receive the
expenses provided for in this subdivision unless the expenses are reimbursed by another
source. Members who are state employees or employees of political subdivisions of the
state may be reimbursed for child care expenses only for time spent on board activities
that are outside their working hours.
new text end

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

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

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

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

new text begin Subd. 5. new text end

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

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

new text begin Subd. 6. new text end

new text begin Officers, quorum, voting. new text end

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

new text begin (b) Each residential code amendment considered by the board that receives an
affirmative two-thirds or more majority vote of all of the voting members of the board
shall be included in the next residential code rulemaking proceeding initiated by the board.
If a residential code amendment considered, or reconsidered, by the board receives less
than a two-thirds majority vote of all of the voting members of the board, the residential
code amendment must not be included in the next residential code rulemaking proceeding
initiated by the board.
new text end

new text begin (c) The board may reconsider residential code amendments during an active
residential code rulemaking proceeding in which the amendment previously failed to
receive a two-thirds majority vote of all of the voting members of the board only if new or
updated information that affects the code amendment is presented to the board. The board
may also reconsider failed code amendments in subsequent code rulemaking proceedings.
new text end

new text begin (d) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
affirmative two-thirds majority vote of all of the voting members of the board must be
included in the next rulemaking proceeding initiated by the board. If a proposed rule or
rule amendment considered, or reconsidered, by the board receives less than an affirmative
two-thirds majority vote of all of the voting members of the board, the proposed rule or rule
amendment must not be included in the next rulemaking proceeding initiated by the board.
new text end

new text begin (e) The board may reconsider a proposed rule or rule amendment during an active
rulemaking proceeding in which the amendment previously failed to receive an affirmative
two-thirds majority vote of all of the voting members of the board only if new or updated
information that affects the proposed rule or rule amendment is presented to the board.
The board may also reconsider a failed proposed rule or rule amendment in subsequent
rulemaking proceedings.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall meet at least two times each calendar
year at times the board specifies. Notice and conduct of all meetings are governed by
chapter 13D and the bylaws.
new text end

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

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

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

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

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

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

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

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

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether written or oral, that
alleges or implies a violation of a statute, rule, or order that the commissioner has the
authority to enforce pertaining to: (1) the license or registration of any person authorized
by the commissioner to provide residential building contractor or residential remodeling
services; (2) the performance or offering to perform residential building contractor or
residential remodeling services requiring licensure or registration; or (3) residential code
compliance. Each complaint or communication that is forwarded to the commissioner
must be submitted on a form provided by the commissioner.
new text end

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

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

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

new text begin Subd. 10. new text end

new text begin Official records. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009.
new text end

Sec. 5.

new text begin [326B.804] RECIPROCITY WITH OTHER STATES.
new text end

new text begin new text end

new text begin (a) The commissioner may enter into reciprocity agreements for residential building
contractor and residential building remodeler licenses with another state if approved by the
board. Once approved by the board, the commissioner may issue a temporary residential
building contractor or residential remodeler license without requiring the applicant to
pass an examination provided the applicant:
new text end

new text begin (1) submits an application under section 326B.805;
new text end

new text begin (2) pays the fee required under section 326B.815; and
new text end

new text begin (3) holds a valid comparable license in the state participating in the agreement.
new text end

new text begin (b) Agreements are subject to the following:
new text end

new text begin (1) the parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to that required
in Minnesota;
new text end

new text begin (2) the experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state;
new text end

new text begin (3) the applicant must have acquired the license in the qualifying state through
an examination deemed equivalent by the commissioner to the license examination
in Minnesota;
new text end

new text begin (4) at the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application
in Minnesota;
new text end

new text begin (5) an applicant is not eligible for a license under this section if the applicant has
failed the license examination in Minnesota, or if the applicant's license has been revoked
or suspended;
new text end

new text begin (6) an applicant who has failed to renew a residential building contractor or licensed
residential remodeler license for two years or more after its expiration is not eligible for
a license under this section; and
new text end

new text begin (7) any person granted a temporary license under this section must obtain a
permanent license pursuant to section 326B.805 within six months of receiving a
temporary license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2009.
new text end