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SF 1457

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/22/2018 02:59pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to labor and industry; making housekeeping changes; modifying
employment agents and construction codes and licensing; regulating combative
sports; modifying OSHA regulations; amending Minnesota Statutes 2016, sections
181A.04, subdivision 6; 182.653, subdivision 9; 182.67, subdivision 1; 184.38,
subdivision 17; 184.41; 326B.095; 326B.127, subdivision 5; 326B.133, subdivision
8; 326B.164, subdivisions 1, 3, 6, 7; 326B.439; 326B.46, subdivision 2; 326B.91,
subdivisions 3, 6; 326B.92, subdivision 2; 326B.921, subdivisions 1, 2, 3, 4, 5, 6,
7; 326B.922; 326B.925, subdivision 1; 341.25; 341.27; 341.321; repealing
Minnesota Statutes 2016, section 326B.37, subdivision 15; Minnesota Rules, parts
5200.0780; 5226.0100; 5226.0200; 5226.0300.

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

ARTICLE 1

HOUSEKEEPING

Section 1.

Minnesota Statutes 2016, section 181A.04, subdivision 6, is amended to read:


Subd. 6.

Time of day, deleted text beginunder 18deleted text endnew text begin high school studentsnew text end.

A high school student deleted text beginunder the
age of 18
deleted text end must not be permitted to work after 11:00 p.m. on an evening before a school day
or before 5:00 a.m. on a school day, exceptnew text begin:
new text end

new text begin (1)new text end as permitted by section 181A.07, subdivisions 1, 2, 3, and 4new text begin; or
new text end

new text begin (2) for a high school student age 18 or older, if the student provides a written request to
the employer to work during the restricted hours
new text end. If a high school student under the age of
18 has supplied the employer with a note signed by the parent or guardian of the student,
the student may be permitted to work until 11:30 p.m. on the evening before a school day
and beginning at 4:30 a.m. on a school day.

For the purpose of this subdivision, a high school student does not include a student
enrolled in an alternative education program approved by the commissioner of education
or an area learning center, including area learning centers under sections 123A.05 to 123A.08
or according to section 122A.163.

Sec. 2.

Minnesota Statutes 2016, section 184.38, subdivision 17, is amended to read:


Subd. 17.

Applicant information restrictions; agency shutdown requirements.

Except
for applicant information given in the course of normal agency operations, no employment
agent shall voluntarily sell, give, or otherwise transfer any files, records, or other information
relating to its employment agency applicants and employers to any person other than deleted text begina
licensed
deleted text endnew text begin annew text end employment agent deleted text beginor a person who agrees to obtain an employment agency
license
deleted text end. Every employment agent who ceases to engage in the business of or act as an
employment agent shall notify the department of such fact within 30 days thereof, and shall
advise the department as to the disposition of all files and other records relating to its
employment agency business.

Sec. 3.

Minnesota Statutes 2016, section 184.41, is amended to read:


184.41 VIOLATIONS.

deleted text begin Any person who engages in the business of or acts as an employment agent or counselor
and any
deleted text endnew text begin (a) Annew text end employment agent, manager, or counselor who violates the provisions of
this chapter is guilty of a misdemeanor.

new text begin (b) new text endIn addition to the penalties for commission of a misdemeanor, the department may
bring an action for an injunction against any employment agent, manager, or counselor who
violates the applicable provisions of this chapter.

Sec. 4.

Minnesota Statutes 2016, section 326B.095, is amended to read:


326B.095 INCOMPLETE LICENSE APPLICATIONS.

This section applies to both applications for initial licenses and license renewal
applications. If the department determines that an application is incomplete, the department
must notify the applicant of the deficiencies that must be corrected in order to complete the
application. deleted text beginIf the applicant wishes to complete the application,deleted text end The department must receive
the deleted text begincompleteddeleted text endnew text begin correctednew text end application within deleted text begin90deleted text endnew text begin 30new text end days after the date the department deleted text beginmailed
or delivered the incomplete application to the applicant. If the department does not receive
the completed application by this deadline, the commissioner must deny the application and
the applicant will forfeit all fees except as provided in section 326B.092, subdivision 6
deleted text endnew text begin
notified the applicant of the deficiencies that must be corrected
new text end. If the application is for
license renewal and the department receives the corrected application after the license has
expired, then the corrected application must be accompanied by the late fee.

Sec. 5.

Minnesota Statutes 2016, section 326B.127, subdivision 5, is amended to read:


Subd. 5.

Interpretative authority.

To achieve uniform and consistent application of
the State Building Code, the commissioner has final interpretative authority applicable to
all codes adopted as part of the State Building Code except for the Plumbing Code deleted text beginanddeleted text endnew text begin,new text end the
Electrical Codenew text begin, and the High Pressure Piping Codenew text end. A final interpretative committee
composed of seven members, consisting of three building officials, two inspectors from the
affected field, and two construction industry representatives, shall review requests for final
interpretations relating to that field for which the commissioner has final interpretative
authority. The Plumbing Board has final interpretative authority applicable to the State
Plumbing Code and shall review requests for final interpretation made to the board that
relate to the State Plumbing Code. The Board of Electricity has final interpretative authority
applicable to the State Electrical Code and shall review requests for final interpretation
made to the board that relate to the State Electrical Code. The Board of High Pressure Piping
Systems has final interpretative authority applicable to the State High Pressure Piping Code
and shall review requests for final interpretation made to the board that relate to the State
High Pressure Piping Code. Except for requests for final interpretations that relate to the
State Plumbing Code, the State Electrical Code, and the State High Pressure Piping Code,
requests for final interpretation must come from a local or state level building code board
of appeals. The commissioner must establish procedures for membership of the final
interpretative committees. The appropriate committee shall review the request and make a
recommendation to the commissioner for the final interpretation within 30 days of the
request. The commissioner must issue a final interpretation within ten business days after
the receipt of the recommendation from the final interpretative committee. The Plumbing
Board, the Board of Electricity, or the Board of High Pressure Piping Systems shall review
a request and issue a final interpretation within 30 days of the request. Any person aggrieved
by a final interpretation may appeal the interpretation within 30 days of its issuance by the
commissioner or the board in accordance with chapter 14. The final interpretation must be
published within ten business days of its issuance and made available to the public. Municipal
building officials shall administer all final interpretations issued by the commissioner, the
Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems
until the final interpretations are considered by the commissioner, the Plumbing Board, the
Board of Electricity, or the Board of High Pressure Piping Systems for adoption as part of
the State Building Code, State Plumbing Code, State Electrical Code, and the State High
Pressure Piping Code.

Sec. 6.

Minnesota Statutes 2016, section 326B.133, subdivision 8, is amended to read:


Subd. 8.

Continuing education requirements; extension of time.

(a) This subdivision
establishes the number of continuing education deleted text beginunitsdeleted text endnew text begin hoursnew text end required within each two-year
certification period.

A certified building official shall accumulate deleted text begin16deleted text endnew text begin 38 hours ofnew text end continuing education deleted text beginunitsdeleted text end
in any education program that is approved under Minnesota Rules, part 1301.1000.

A certified building official-limited shalldeleted text begin, in each year of the initial two-year certification
period,
deleted text end accumulate deleted text begineightdeleted text endnew text begin 38 hours ofnew text end continuing education deleted text beginunitsdeleted text end in any education program
that is approved under Minnesota Rules, part 1301.1000. deleted text beginContinuing education units shall
be reported annually during the initial two-year certification period by the method established
in rule. A certified building official-limited shall accumulate 16 continuing education units
for each two-year certification period thereafter in any education program that is approved
under Minnesota Rules, part 1301.1000.
deleted text end

An accessibility specialist must accumulate deleted text beginfourdeleted text endnew text begin nine hours of approvednew text end continuing
education deleted text beginunitsdeleted text endnew text begin hoursnew text end in any of the new text begineducation new text endprograms deleted text begindescribed indeleted text endnew text begin that are provided under
new text end Minnesota Rules, part 1301.1000, subpart 1 or 2. The deleted text beginfour unitsdeleted text endnew text begin nine hoursnew text end must be deleted text beginfor deleted text endnew text begininnew text end
courses relating to building accessibility, plan review, field inspection, or building code
administration.

Continuing education programs may be approved as established in rule.

(b) Subject to sections 326B.101 to 326B.194, the commissioner may by rule establish
or approve continuing education programs for certified building officials dealing with
matters of building code administration, inspection, and enforcement.

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner to renew
certification.

(c) The state building official may grant an extension of time to comply with continuing
education requirements if the certificate holder requesting the extension of time shows cause
for the extension. The request for the extension must be in writing. For purposes of this
section, the certificate holder's current certification effective dates shall remain the same.
The extension does not relieve the certificate holder from complying with the continuing
education requirements for the next two-year period.

Sec. 7.

Minnesota Statutes 2016, section 326B.164, subdivision 1, is amended to read:


Subdivision 1.

Master elevator constructor.

(a) Except as otherwise provided by law,
no individual shall perform or supervise elevator work, unless:

(1) the individual is licensed by the commissioner as a master elevator constructor; and

(2) the elevator work is for a licensed elevator contractor and the individual is an
employee, partner, or officer of, or is the licensed contractor.

(b) An applicant for a master elevator constructor license shall:

(1) have at least one year of experience, acceptable to the commissioner, as a licensed
journeyman elevator constructor; or

(2) have at least six years' experience, acceptable to the commissioner, in planning for,
laying out, supervising, and installing apparatus, equipment, and wiring for elevators.

deleted text begin (c) Individuals licensed as master elevator constructors under section 326B.33,
subdivision 11, as of December 31, 2013, shall not be required to pass an examination under
this section but, effective January 1, 2014, shall be subject to the requirements of sections
326B.163 to 326B.191.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end Except for the initial license term, as a condition of license renewal, master
elevator constructors must attain a minimum of 16 hours of continuing education credit
approved by the commissioner every renewal period. Not less than 12 hours shall be based
on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
be based on the National Electrical Code.

Sec. 8.

Minnesota Statutes 2016, section 326B.164, subdivision 3, is amended to read:


Subd. 3.

Journeyman elevator constructor.

(a) Except as otherwise provided by law,
no individual shall perform and supervise elevator work except for planning or laying out
of elevator work, unless:

(1) the individual is licensed by the commissioner as a journeyman elevator constructor;
and

(2) the elevator work is for an elevator contractor, and the individual is an employee,
partner, or officer of the licensed elevator contractor.

(b) An applicant for a journeyman elevator constructor license shall have completed a
four-year elevator mechanics apprenticeship registered with the United States Department
of Labor or worked at least 9,000 hours in five consecutive years for a licensed elevator
contractor, acceptable to the commissioner, installing, maintaining, modernizing, testing,
wiring, and repairing elevators.

deleted text begin (c) Individuals licensed as journeyman elevator constructors under section 326B.33,
subdivision 8, as of December 31, 2013, shall not be required to pass an examination under
this section but, effective January 1, 2014, shall be subject to the requirements of sections
326B.163 to 326B.191.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end As a condition of license renewal, journeyman elevator constructors must attain
a minimum of 16 hours of continuing education credit approved by the commissioner every
renewal period. Not less than 12 hours shall be based on the Minnesota Elevator Code or
elevator technology, and not less than four hours shall be based on the National Electrical
Code.

Sec. 9.

Minnesota Statutes 2016, section 326B.164, subdivision 6, is amended to read:


Subd. 6.

Registration of unlicensed individuals.

(a) Unlicensed individuals performing
elevator work for a contractor shall register with the department in the manner prescribed
by the commissioner. Experience credit for elevator work performed in Minnesota after
January 1, 2009, by an applicant for a license identified in this section shall not be granted
where the applicant has not registered with the department or is not licensed by the
department.

(b) As a condition of renewal of registration, unlicensed individuals shall attain a
minimum of two hours of continuing education credit, approved by the commissioner, every
renewal period. The continuing education course shall be based on the Minnesota Elevator
Code or elevator technology.

deleted text begin (c) Individuals registered under section 326B.33, subdivision 13, whose registration
expires after July 31, 2013, shall be subject to the registration requirements of this subdivision
and the requirements of sections 326B.163 to 326B.191.
deleted text end

Sec. 10.

Minnesota Statutes 2016, section 326B.164, subdivision 7, is amended to read:


Subd. 7.

Contractor's license required.

deleted text begin(a)deleted text end No individual, other than an employee,
partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision 10,
shall perform or offer to perform elevator work with or without compensation, unless the
individual obtains a contractor's license. A contractor's license does not of itself qualify its
holder to perform or supervise the elevator work authorized by holding any class of personal
license.

deleted text begin (b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013, shall
not be required to comply with this subdivision.
deleted text end

Sec. 11.

Minnesota Statutes 2016, section 326B.439, is amended to read:


326B.439 BAN ON LEAD IN PLUMBING.

Solders and flux containing new text beginnot new text endmore than 0.2 percent lead, and pipes and pipe fittings
containing not more than a weighted average of 0.25 percent lead when used with respect
to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures shall be used
in any plumbing installation which conveys a potable water supply. A Minnesota seller of
lead solder, except for a seller whose primary business is contracting in plumbing, heating,
and air conditioning, shall not sell any solder containing 0.2 percent lead unless the seller
displays a sign which states,

"Contains Lead
Minnesota law prohibits the use of this solder in any
plumbing installation which is connected to a potable water
supply."

Sec. 12.

Minnesota Statutes 2016, 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 penal sum 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. new text beginThe bond must comply with section 326B.0921. new text endIf the
bond is for both plumbing work and subsurface sewage treatment work, the bond must
comply with the requirements of this section deleted text beginanddeleted text endnew text begin,new text end section 115.56, subdivision 2, paragraph
(e). deleted text beginThe bond must comply with section 326B.0921.
deleted 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. 13.

Minnesota Statutes 2016, section 326B.91, subdivision 3, is amended to read:


Subd. 3.

deleted text beginContractingdeleted text endnew text begin Masternew text end high pressure pipefitter.

"deleted text beginContractingdeleted text endnew text begin Masternew text end high
pressure pipefitter" means an individual, such as a steamfitter, engaged in the planning,
superintending, and practical installation of high pressure piping and appurtenances, and
otherwise lawfully qualified to construct high pressure piping installations and make
replacements to existing plants, who is also qualified to conduct the business of high pressure
piping installations and who is familiar with the laws, rules, and minimum standards
governing them.

Sec. 14.

Minnesota Statutes 2016, section 326B.91, subdivision 6, is amended to read:


Subd. 6.

Journeyman high pressure pipefitter.

"Journeyman high pressure pipefitter"
means an individual, such as a steamfitter, who is not a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure
pipefitter and who is engaged in the practical installation of high pressure piping and
appurtenances in the employ of a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter.

Sec. 15.

Minnesota Statutes 2016, section 326B.92, subdivision 2, is amended to read:


Subd. 2.

Permissive municipal regulation.

The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform inspections and
issue permits for the construction and installation of high pressure piping systems within
the municipality's geographical area of jurisdiction, if:

(a) The municipality has adopted:

(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to deleted text begin5230.5920deleted text endnew text begin
5230.5920
new text end;

(2) an ordinance that authorizes the municipality to issue permits to persons holding a
high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end license issued by the department and only for
construction or installation that would, if performed properly, fully comply with all Minnesota
Statutes and Minnesota Rules;

(3) an ordinance that authorizes the municipality to perform the inspections that are
required under Minnesota Statutes or Minnesota Rules governing the construction and
installation of high pressure piping systems; and

(4) an ordinance that authorizes the municipality to enforce the code for power piping
systems in its entirety.

(b) The municipality agrees to issue permits only to persons holding a high pressure
piping deleted text beginbusinessdeleted text endnew text begin contractornew text end license as required by law at the time of the permit issuance, and
only for construction or installation that would, if performed properly, comply with all
Minnesota Statutes and Minnesota Rules governing the construction or installation of high
pressure piping systems.

(c) The municipality agrees to issue permits only on forms approved by the department.

(d) The municipality agrees that, for each permit issued by the municipality, the
municipality shall perform one or more inspections of the construction or installation to
determine whether the construction or installation complies with all Minnesota Statutes and
Minnesota Rules governing the construction or installation of high pressure piping systems,
and shall prepare a written report of each inspection.

(e) The municipality agrees to notify the commissioner within 24 hours after the
municipality discovers any violation of the licensing laws related to high pressure piping.

(f) The municipality agrees to notify the commissioner immediately if the municipality
discovers that any entity has failed to meet a deadline set by the municipality for correction
of a violation of the high pressure piping laws.

(g) The commissioner determines that the individuals who will conduct the inspections
for the municipality do not have any conflict of interest in conducting the inspections.

(h) Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitters
or licensed journeyman high pressure pipefitters.

(i) The municipality agrees to notify the commissioner within ten days of any changes
in the names or qualifications of the individuals who conduct the inspections for the
municipality.

(j) The municipality agrees to enforce in its entirety the code for power piping systems
on all projects.

(k) The municipality shall not approve any piping installation unless the installation
conforms to all applicable provisions of the high pressure piping laws in effect at the time
of the installation.

(l) The municipality agrees to promptly require compliance or revoke a permit that it
has issued if there is noncompliance with any of the applicable provisions of the high pressure
piping laws in connection with the work covered by the permit. The municipality agrees to
revoke the permit if any laws regulating the licensing of pipefitters have been violated.

(m) The municipality agrees to keep official records of all documents received, including
permit applications, and of all permits issued, reports of inspections, and notices issued in
connection with inspections.

(n) The municipality agrees to maintain the records described in paragraph (m) in the
official records of the municipality for the period required for the retention of public records
under section 138.17, and shall make these records readily available for review according
to section 13.37.

(o) Not later than the tenth day of each month, the municipality shall submit to the
commissioner a report of all high pressure piping permits issued by the municipality during
the preceding month. This report shall be in a format approved by the commissioner and
shall include:

(1) the name of the contractor;

(2) the license number of the contractor's license issued by the commissioner;

(3) the permit number;

(4) the address of the job;

(5) the date the permit was issued;

(6) a brief description of the work; and

(7) the amount of the inspection fee.

(p) Not later than the 31st day of January of each year, the municipality shall submit a
summary report to the commissioner identifying the status of each high pressure piping
project for which the municipality issued a permit during the preceding year, and the status
of high pressure piping projects for which the municipality issued a permit during a prior
year where no final inspection had occurred by the first day of the preceding year. This
summary report shall include:

(1) the permit number;

(2) the date of any final inspection; and

(3) identification of any violation of high pressure piping laws related to work covered
by the permit.

(q) The municipality and the commissioner agree that if at any time during the agreement
the municipality does not have in effect the code for high pressure piping systems or any
of the ordinances described in paragraph (a), or if the commissioner determines that the
municipality is not properly administering and enforcing the code for high pressure piping
or is otherwise not complying with the agreement:

(1) the commissioner may, effective 14 days after the municipality's receipt of written
notice, terminate the agreement and have the administration and enforcement of the high
pressure piping code in the involved municipality undertaken by the department;

(2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and

(3) while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure piping
inspections are performed and permits are issued in accordance with the high pressure piping
laws.

(r) The municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner.

(s) The municipality and the commissioner agree that no municipality shall revoke,
suspend, or place restrictions on any high pressure piping license issued by the commissioner.
If the municipality identifies during an inspection any violation that may warrant revocation,
suspension, or placement of restrictions on a high pressure piping license issued by the
commissioner, the municipality shall promptly notify the commissioner of the violation and
the commissioner shall determine whether revocation, suspension, or placement of restrictions
on any high pressure piping license issued by the commissioner is appropriate.

Sec. 16.

Minnesota Statutes 2016, section 326B.921, subdivision 1, is amended to read:


Subdivision 1.

License required; rules; time credit.

No individual shall engage in or
work at the business of a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter unless issued a
deleted text begin contractingdeleted text endnew text begin masternew text end high pressure pipefitter license to do so by the department under rules
adopted by the board. No license shall be required for repairs on existing installations. No
individual shall engage in or work at the business of journeyman high pressure pipefitter
unless issued a journeyman high pressure pipefitter competency license to do so by the
department under rules adopted by the board. An individual possessing a deleted text begincontracting deleted text endnew text beginmasternew text end
high pressure pipefitter competency license may also work as a journeyman high pressure
pipefitter.

No person shall construct or install high pressure piping, nor install high pressure piping
in connection with the dealing in and selling of high pressure pipe material and supplies,
unless, at all times, an individual possessing a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter
competency license or a journeyman high pressure pipefitter competency license is
responsible for ensuring that the high pressure pipefitting work is in conformity with
Minnesota Statutes and Minnesota Rules.

The board shall prescribe rules, not inconsistent herewith, for the examination and
competency licensing of deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitters and journeyman high
pressure pipefitters.

An employee performing the duties of inspector for the department in regulating
pipefitting shall not receive time credit for the inspection duties when making an application
for a license required by this section.

Sec. 17.

Minnesota Statutes 2016, section 326B.921, subdivision 2, is amended to read:


Subd. 2.

High pressure pipefitting deleted text beginbusinessdeleted text endnew text begin contractornew text end license.

Before obtaining a
permit for high pressure piping work, a person must obtain or utilize a deleted text beginbusinessdeleted text endnew text begin contractor
new text end with a high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end license.

A person must have at all times as a full-time employee at least one individual holding
a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter competency license. Only full-time employees
who hold deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter licenses are authorized to obtain high
pressure piping permits in the name of the deleted text beginbusinessdeleted text endnew text begin contractornew text end. The deleted text begincontracting deleted text endnew text beginmasternew text end high
pressure pipefitter competency license holder can be the employee of only one high pressure
piping deleted text beginbusinessdeleted text endnew text begin contractornew text end at a time. An application for a high pressure piping deleted text beginbusinessdeleted text endnew text begin
contractor
new text end license shall include a verified statement that the applicant or licensee has complied
with this subdivision.

To retain its deleted text beginbusinessdeleted text endnew text begin contractornew text end license without reapplication, a person holding a high
pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end license that ceases to employ an individual holding a
deleted text begin contractingdeleted text endnew text begin masternew text end high pressure pipefitter competency license shall have 60 days from the
last day of employment of its previous deleted text begincontractingdeleted text endnew text begin masternew text end pipefitter competency license
holder to employ another license holder. The department must be notified no later than five
days after the last day of employment of the previous license holder.

No high pressure pipefitting work may be performed during any period when the high
pressure pipefitting deleted text beginbusinessdeleted text endnew text begin contractornew text end does not have a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure
pipefitter competency license holder on staff. If a license holder is not employed within 60
days after the last day of employment of the previous license holder, the pipefitting deleted text beginbusinessdeleted text endnew text begin
contractor
new text end license shall lapse.

The board shall prescribe by rule procedures for application for and issuance of deleted text beginbusinessdeleted text endnew text begin
contractor
new text end licenses.

Sec. 18.

Minnesota Statutes 2016, section 326B.921, subdivision 3, is amended to read:


Subd. 3.

Registration requirement.

All unlicensed individuals, other than pipefitter
apprentices, must be registered under subdivision 4. No licensed high pressure piping
deleted text begin businessdeleted text endnew text begin contractornew text end shall employ an unlicensed individual to assist in the practical
construction and installation of high pressure piping and appurtenances unless the unlicensed
individual is registered with the department. A pipefitter apprentice or registered unlicensed
individual employed by a high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end may assist in the practical
construction and installation of high pressure piping and appurtenances only while under
direct supervision of a licensed deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter or licensed
journeyman high pressure pipefitter employed by the same high pressure piping deleted text beginbusinessdeleted text endnew text begin
contractor
new text end. The licensed deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter or licensed journeyman
high pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
unlicensed individuals. The licensed deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter or
journeyman high pressure pipefitter is responsible for ensuring that all high pressure piping
work performed by the pipefitter apprentice or registered unlicensed individual complies
with Minnesota Statutes and Minnesota Rules.

Sec. 19.

Minnesota Statutes 2016, section 326B.921, subdivision 4, is amended to read:


Subd. 4.

Registration with commissioner.

An unlicensed individual may register to
assist in the practical construction and installation of high pressure piping and appurtenances
while in the employ of a licensed high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end by completing
and submitting to the commissioner a registration form provided by the commissioner, with
all fees required by section 326B.092. The board may prescribe rules, not inconsistent with
this section, for the registration of unlicensed individuals.

Applications for initial registration may be submitted at any time. Registration must be
renewed annually and shall be valid for one calendar year beginning January 1.

Sec. 20.

Minnesota Statutes 2016, section 326B.921, subdivision 5, is amended to read:


Subd. 5.

Bond.

As a condition of licensing, each applicant for a high pressure piping
deleted text begin businessdeleted text endnew text begin contractornew text end license shall give and maintain a 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
deleted text begin businessdeleted text endnew text begin contractornew text end 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 deleted text beginbusinessdeleted text endnew text begin contractornew text end
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 deleted text beginbusiness
deleted text endnew text begin contractornew text end 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. 21.

Minnesota Statutes 2016, section 326B.921, subdivision 6, is amended to read:


Subd. 6.

Insurance.

In addition to the bond described in subdivision 5, each applicant
for a high pressure pipefitting deleted text beginbusinessdeleted text endnew text begin contractornew text end license or renewal shall have in force
public liability insurance, including products liability insurance, with limits of at least
$100,000 per person and $300,000 per occurrence and property damage insurance with
limits of at least $50,000.

The insurance must be kept in force for the entire term of the high pressure pipefitting
deleted text begin businessdeleted text endnew text begin contractornew text end license, and the license shall be suspended by the department if at any
time the insurance is not in force.

The insurance must be written by an insurer licensed to do business in the state and shall
be in lieu of any other insurance required by any subdivision of government for high pressure
pipefitting. Each person holding a high pressure pipefitting deleted text beginbusinessdeleted text endnew text begin contractornew text end license shall
maintain on file with the department 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. 22.

Minnesota Statutes 2016, section 326B.921, subdivision 7, is amended to read:


Subd. 7.

License, registration, and renewal fees.

For purposes of calculating license,
registration, and renewal fees required under section 326B.092:

(1) the registration of an unlicensed individual under subdivision 4 is an entry level
license;

(2) a journeyman high pressure pipefitter license is a journeyman license;

(3) a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter license is a master license; and

(4) a high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end license is a business license.

Sec. 23.

Minnesota Statutes 2016, section 326B.922, is amended to read:


326B.922 LICENSE APPLICATION AND RENEWAL.

(a) Application for a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter, a journeyman high
pressure pipefitter, or a high pressure piping deleted text beginbusinessdeleted text end new text begincontractor new text endlicense shall be made to
the department, with all fees required by section 326B.092.

(b) The applicant for a deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter or a journeyman high
pressure pipefitter license shall be licensed only after passing an examination developed
and administered by the department in accordance with rules adopted by the board.

(c) All initial deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter licenses, journeyman high
pressure pipefitter licenses, and high pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end licenses are effective
for more than one calendar year and expire on December 31 of the year after the year in
which the application is made. The commissioner shall in a manner determined by the
commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
of deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitter, journeyman high pressure pipefitter, and high
pressure piping deleted text beginbusinessdeleted text endnew text begin contractornew text end licenses from one year to two years. By June 30, 2012,
all such licenses shall be two-year licenses.

Sec. 24.

Minnesota Statutes 2016, section 326B.925, subdivision 1, is amended to read:


Subdivision 1.

Composition.

(a) The Board of High Pressure Piping Systems 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 15.066. If the senate votes to refuse to
consent to an appointment of a member made by the governor, the governor shall appoint
a new member with the advice and consent of the senate. One member shall be the
commissioner of labor and industry or the commissioner of labor and industry's designee,
who shall be a voting member. Of the 12 appointed members, the composition shall be as
follows:

(1) one member shall be a high pressure piping inspector;

(2) one member shall be a licensed mechanical engineer;

(3) one member shall be a representative of the high pressure piping industry;

(4) four members shall be deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitters engaged in the
business of high pressure piping, two from the metropolitan area and two from greater
Minnesota;

(5) two members shall be journeyman high pressure pipefitters engaged in the business
of high pressure piping systems installation, one from the metropolitan area and one from
greater Minnesota;

(6) one member shall be a representative of industrial companies that use high pressure
piping systems in their industrial process;

(7) one member shall be a representative from utility companies in Minnesota; and

(8) one member shall be a public member as defined by section 214.02.

The high pressure piping inspector shall be appointed for a term to end December 31,
2011. The professional mechanical engineer shall be appointed for a term to end December
31, 2010. The representative of the high pressure piping industry shall be appointed for a
term to end December 31, 2011. Two of the deleted text begincontractingdeleted text endnew text begin masternew text end high pressure pipefitters
shall be appointed for a term to end December 31, 2011. The other two deleted text begincontractingdeleted text endnew text begin masternew text end
high pressure pipefitters shall be appointed for a term to end December 31, 2010. One of
the journeyman high pressure pipefitters shall be appointed for a term to end December 31,
2011. The other journeyman high pressure pipefitter shall be appointed for a term to end
December 31, 2010. The one representative of industrial companies that use high pressure
piping systems in their industrial process shall be appointed for a term to end December
31, 2010. The one representative of a utility company in Minnesota shall be appointed for
a term to end December 31, 2010. The public member shall be appointed for a term to end
December 31, 2010.

(b) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of their term. All
other appointed members, except for the representative of the piping industry, the
representative of industrial companies that use high pressure piping systems, the public
member, and the representative of public utility companies in Minnesota, must possess a
current high pressure piping license issued by the Department of Labor and Industry and
maintain that license for the duration of their term. All appointed members must be residents
of Minnesota at the time of and throughout the member's appointment. The term of any
appointed member that does not maintain membership qualification status shall end on the
date of status change and the governor shall appoint a new member. It is the responsibility
of the member to notify the board of the member's status change.

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

Sec. 25. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Rules, part 4715.3130, to Minnesota
Rules, part 1300.0215, subpart 6, where it appears in Minnesota Statutes, section 326B.43.
new text end

Sec. 26. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the term "journeyman" or "journeymans" with
"journeyworker" or "journeyworkers" wherever it appears in Minnesota Statutes, chapter
326B. All journeyman licenses issued under Minnesota Statutes, chapter 326B, before the
effective date of this act are deemed journeyworker licenses.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 326B.37, subdivision 15, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 5200.0780; 5226.0100; 5226.0200; and 5226.0300, new text end new text begin are
repealed.
new text end

ARTICLE 2

COMBATIVE SPORTS

Section 1.

Minnesota Statutes 2016, section 341.25, is amended to read:


341.25 RULES.

(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.

(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.

(c) The commissioner must adopt unified rules for mixed martial arts contests.

(d) The commissioner may adopt the rules of the Association of Boxing Commissions,
with amendments.

new text begin (e) The Unified Rules of Mixed Martial Arts, as promulgated by the Association of
Boxing Commissions and amended August 2, 2016, are incorporated by reference and made
a part of this chapter except as qualified by this chapter and Minnesota Rules, chapter 2201.
In the event of a conflict between this chapter and the Unified Rules, this chapter must
govern.
new text end

Sec. 2.

Minnesota Statutes 2016, section 341.27, is amended to read:


341.27 COMMISSIONER DUTIES.

The commissioner shall:

(1) issue, deny, renew, suspend, or revoke licenses;

(2) make and maintain records of its acts and proceedings including the issuance, denial,
renewal, suspension, or revocation of licenses;

(3) keep public records of the council open to inspection at all reasonable times;

(4) develop rules to be implemented under this chapter;

(5) conform to the rules adopted under this chapter;

(6) develop policies and procedures for regulating boxing and mixed martial arts;

(7) immediately suspend an individual license for a medical condition, including but
not limited to a medical condition resulting from an injury sustained during a match, bout,
or contest that has been confirmed by the ringside physician. The medical suspension must
be lifted after the commissioner receives written information from a physician licensed in
the home state of the licensee indicating that the combatant may resume competition, and
any other information that the commissioner may by rule require. Medical suspensions are
not subject to section 326B.082 or the contested case procedures provided in sections 14.57
to 14.69; and

(8) immediately suspend an individual combatant license for a mandatory rest period,
which must commence at the conclusion of every combative sports contest in which the
license holder competes and does not receive a medical suspension. A rest suspension must
automatically lift after deleted text beginsevendeleted text endnew text begin 14new text end calendar days from the date the combative sports contest
passed without notice or additional proceedings. Rest suspensions are not subject to section
326B.082 or the contested case procedures provided in sections 14.57 to 14.69.

Sec. 3.

Minnesota Statutes 2016, section 341.321, is amended to read:


341.321 FEE SCHEDULE.

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

(1) referees, $80;

(2) promoters, $700;

(3) judges and knockdown judges, $80;

(4) trainers and seconds, $80;

(5) ring announcers, $80;

(6) timekeepers, $80;

(7) professional combatants, $70;

(8) amateur combatants, $50;

(9) managers, $80; and

(10) ringside physicians, $80.

deleted text begin In addition to the license fee, an individual who applies for a license within the 48 hours
preceding when the combative sporting event is held shall pay a late fee of $100 plus the
original license fee.
deleted text end new text begin License fees for promoters are due at least six weeks prior to the
combative sport contest. All other license fees shall be paid no later than the weigh-in prior
to the contest. No license may be issued until all prelicensure requirements are satisfied and
fees are paid.
new text end

(b) The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. The deleted text beginprofessionaldeleted text end
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 beginThe 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 end

(c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:

(1) $500 at the time the combative sport contest is scheduled; and

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

If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within deleted text begin24 hoursdeleted text endnew text begin seven daysnew text end of the completed contest.

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

(e) All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

ARTICLE 3

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Section 1.

Minnesota Statutes 2016, section 182.653, subdivision 9, is amended to read:


Subd. 9.

Standard industrial classification list.

The commissioner shall adopt, in
accordance with section 182.655, a rule specifying a list of either standard industrial
classifications of employers or North American industry classifications of employers who
must comply with subdivision 8. The commissioner shall demonstrate the need to include
each industrial classification on the basis of the safety record or workers' compensation
record of that industry segment. An employer must comply with subdivision 8 six months
following the date the standard industrial classification or North American industry
classification that applies to the deleted text beginemployeedeleted text endnew text begin employernew text end is placed on the list. The list shall be
updated every five years.

Sec. 2.

Minnesota Statutes 2016, section 182.67, subdivision 1, is amended to read:


Subdivision 1.

Department's authority; cooperation with other departments.

The
department has sole authority and responsibility for the administration and enforcement of
this chapter. deleted text beginThe commissioner will consult with the Department of Health in matters related
to occupational health and will through written agreement determine those reasonably
appropriate services which the Department of Health will provide in order to effectuate the
provisions of this chapter.
deleted text end Any other department or official of this state or political
subdivision thereof which would in any way affect the administration or enforcement of
this chapter shall cooperate and coordinate all such activities with the department to assure
orderly and efficient administration and enforcement of this chapter.

APPENDIX

Repealed Minnesota Statutes: SF1457-2

326B.37 INSPECTION FEE SCHEDULE.

Subd. 15.

Utility interconnected wind generation installations.

(a) Fees associated with utility interconnected generation installations consisting of one or more generator sources interconnected with a utility power system and not supplying other premises loads are calculated according to paragraph (b) or (c).

(b) The inspection fee is calculated according to subdivisions 2, 3, 4, and 6, paragraphs (d), (f), (j), and (k). A fee must be included for the generators and utility interconnect feeders, but not for a utility service.

(c) There is a plan review fee and an inspection fee for the entire electrical installation. The plan review fee is based on the valuation of the electrical installation related to one of the generator systems that is part of the overall installation, not to include the supporting tower or other nonelectrical equipment or structures, calculated according to section 326B.153, subdivision 2. The inspection fee is $80 for each individual tower, including any voltage matching transformers located at the tower, and the fee for the feeders interconnecting the individual towers to the utility power system is calculated according to subdivisions 4 and 6, paragraph (k).

Repealed Minnesota Rule: SF1457-2

5200.0780

[Repealed, L 2017 c 68 art 1 s 27]

5226.0100

[Repealed, L 2017 c 68 art 1 s 27]

5226.0200

[Repealed, L 2017 c 68 art 1 s 27]

5226.0300

[Repealed, L 2017 c 68 art 1 s 27]