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SF 656

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 12:40pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to labor and industry; making housekeeping changes related to
construction codes and licensing, and combative sports; amending Minnesota
Statutes 2012, sections 116J.70, subdivision 2a; 326B.081, subdivision 3;
326B.082, subdivision 11; 326B.093, subdivision 4; 326B.101; 326B.103,
subdivision 11; 326B.121, subdivision 1; 326B.31, by adding a subdivision;
326B.43, subdivision 2; 326B.89, subdivision 1; 341.21, subdivision 3a;
341.221; 341.27; 341.29; 341.30, subdivision 4; 341.32, subdivision 2; repealing
Minnesota Statutes 2012, section 326B.978, subdivision 4.

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

ARTICLE 1

CONSTRUCTION CODE AND LICENSING

Section 1.

Minnesota Statutes 2012, section 116J.70, subdivision 2a, is amended to read:


Subd. 2a.

License; exceptions.

"Business license" or "license" does not include
the following:

(1) any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of health
pursuant to section 214.13;

(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;

(3) any license required to practice the following occupation regulated by the
following sections:

(i) abstracters regulated pursuant to chapter 386;

(ii) accountants regulated pursuant to chapter 326A;

(iii) adjusters regulated pursuant to chapter 72B;

(iv) architects regulated pursuant to chapter 326;

(v) assessors regulated pursuant to chapter 270;

(vi) athletic trainers regulated pursuant to chapter 148;

(vii) attorneys regulated pursuant to chapter 481;

(viii) auctioneers regulated pursuant to chapter 330;

(ix) barbers and cosmetologists regulated pursuant to chapter 154;

(x) boiler operators regulated pursuant to chapter deleted text begin 183deleted text end new text begin 326Bnew text end ;

(xi) chiropractors regulated pursuant to chapter 148;

(xii) collection agencies regulated pursuant to chapter 332;

(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
to chapter 150A;

(xiv) detectives regulated pursuant to chapter 326;

(xv) electricians regulated pursuant to chapter deleted text begin 326deleted text end new text begin 326Bnew text end ;

(xvi) mortuary science practitioners regulated pursuant to chapter 149A;

(xvii) engineers regulated pursuant to chapter 326;

(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;

(xix) certified interior designers regulated pursuant to chapter 326;

(xx) midwives regulated pursuant to chapter 147D;

(xxi) nursing home administrators regulated pursuant to chapter 144A;

(xxii) optometrists regulated pursuant to chapter 148;

(xxiii) osteopathic physicians regulated pursuant to chapter 147;

(xxiv) pharmacists regulated pursuant to chapter 151;

(xxv) physical therapists regulated pursuant to chapter 148;

(xxvi) physician assistants regulated pursuant to chapter 147A;

(xxvii) physicians and surgeons regulated pursuant to chapter 147;

(xxviii) plumbers regulated pursuant to chapter deleted text begin 326deleted text end new text begin 326Bnew text end ;

(xxix) podiatrists regulated pursuant to chapter 153;

(xxx) practical nurses regulated pursuant to chapter 148;

(xxxi) professional fund-raisers regulated pursuant to chapter 309;

(xxxii) psychologists regulated pursuant to chapter 148;

(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
82 and 83;

(xxxiv) registered nurses regulated pursuant to chapter 148;

(xxxv) securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;

(xxxvi) steamfitters regulated pursuant to chapter deleted text begin 326deleted text end new text begin 326Bnew text end ;

(xxxvii) teachers and supervisory and support personnel regulated pursuant to
chapter 125;

(xxxviii) veterinarians regulated pursuant to chapter 156;

(xxxix) water conditioning contractors and installers regulated pursuant to chapter
deleted text begin 326deleted text end new text begin 326Bnew text end ;

(xl) water well contractors regulated pursuant to chapter 103I;

(xli) water and waste treatment operators regulated pursuant to chapter 115;

(xlii) motor carriers regulated pursuant to chapter 221;

(xliii) professional firms regulated under chapter 319B;

(xliv) real estate appraisers regulated pursuant to chapter 82B;

(xlv) residential building contractors, residential remodelers, residential roofers,
manufactured home installers, and specialty contractors regulated pursuant to chapter
deleted text begin 326deleted text end new text begin 326Bnew text end ;

(xlvi) licensed professional counselors regulated pursuant to chapter 148B;

(4) any driver's license required pursuant to chapter 171;

(5) any aircraft license required pursuant to chapter 360;

(6) any watercraft license required pursuant to chapter 86B;

(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and

(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.

Sec. 2.

Minnesota Statutes 2012, section 326B.082, subdivision 11, is amended to read:


Subd. 11.

Licensing orders; grounds; reapplication.

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

(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
person's permit, license, registration, or certificate, or censure the person holding the
permit, license, registration, or certificate, if the commissioner finds that the person:

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

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

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

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

(5) violatednew text begin : (i)new text end a final administrative order issued under subdivision 7 deleted text begin ordeleted text end new text begin , (ii)new text end a final
stop order issued under subdivision 10, deleted text begin ordeleted text end new text begin (iii)new text end injunctive relief issued under subdivision 9new text begin ,
or (iv) a consent order or final order of the commissionernew text end ;

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

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

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

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

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

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

Sec. 3.

Minnesota Statutes 2012, section 326B.093, subdivision 4, is amended to read:


Subd. 4.

Examination results.

If the applicant receives a passing score on the
examination and meets all other requirements for licensure, the commissioner must
approve the application and notify the applicant of the approval within 60 days of the
date of the passing score. The applicant must, within deleted text begin 90deleted text end new text begin 180new text end days after the notification
of approval, pay the license fee. Upon receipt of the license fee, the commissioner must
issue the license. If the applicant does not pay the license fee within deleted text begin 90deleted text end new text begin 180new text end days after
the notification of approval, the commissioner will rescind the approval and must deny
the application. If the applicant does not receive a passing score on the examination,
the commissioner must deny the application. If the application is denied because of the
applicant's failure to receive a passing score on the examination, then the applicant cannot
submit a new application for the license until at least 30 days after the notification of denial.

Sec. 4.

Minnesota Statutes 2012, section 326B.101, is amended to read:


326B.101 POLICY AND PURPOSE.

The State Building Code governs the construction, reconstruction, alteration, deleted text begin and
deleted text end repairnew text begin , and usenew text end of buildings and other structures to which the code is applicable. The
commissioner shall administer and amend a state code of building construction which will
provide basic and uniform performance standards, establish reasonable safeguards for
health, safety, welfare, comfort, and security of the residents of this state and provide for
the use of modern methods, devices, materials, and techniques which will in part tend to
lower construction costs. The construction of buildings should be permitted at the least
possible cost consistent with recognized standards of health and safety.

Sec. 5.

Minnesota Statutes 2012, section 326B.103, subdivision 11, is amended to read:


Subd. 11.

Public building.

"Public building" means a building and its grounds the
cost of which is paid for by the state or a state agency regardless of its cost, and a school
district building project new text begin or charter school building project new text end the cost of which is $100,000
or more.

Sec. 6.

Minnesota Statutes 2012, section 326B.121, subdivision 1, is amended to read:


Subdivision 1.

Application.

(a) The State Building Code is the standard that applies
statewide for the construction, reconstruction, alteration, deleted text begin anddeleted text end repairnew text begin , and usenew text end of buildings
and other structures of the type governed by the code.

(b) The State Building Code supersedes the building code of any municipality.

(c) The State Building Code does not apply to agricultural buildings except:

(1) with respect to state inspections required or rulemaking authorized by sections
103F.141; 216C.19, subdivision 9; and 326B.36; and

(2) translucent panels or other skylights without raised curbs shall be supported to
have equivalent load-bearing capacity as the surrounding roof.

Sec. 7.

Minnesota Statutes 2012, section 326B.31, is amended by adding a subdivision
to read:


new text begin Subd. 26a. new text end

new text begin Request for inspection. new text end

new text begin "Request for inspection" means the application
for and issuance of a permit for an electrical installation that is required to be inspected
under section 326B.36.
 new text end

Sec. 8.

Minnesota Statutes 2012, section 326B.43, subdivision 2, is amended to read:


Subd. 2.

Agreement with municipality.

The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform plan and
specification reviews required to be performed by the commissioner under Minnesota
Rules, part 4715.3130, if:

(a) the municipality has adopted:

(1) the plumbing code;

(2) an ordinance that requires plumbing plans and specifications to be submitted to,
reviewed, and approved by the municipality, except as provided in paragraph (n);

(3) an ordinance that authorizes the municipality to perform inspections required by
the plumbing code; and

(4) an ordinance that authorizes the municipality to enforce the plumbing code in its
entirety, except as provided in paragraph (p);

(b) the municipality agrees to review plumbing plans and specifications for all
construction for which the plumbing code requires the review of plumbing plans and
specifications, except as provided in paragraph (n);

(c) the municipality agrees that, when it reviews plumbing plans and specifications
under paragraph (b), the review will:

(1) reflect the degree to which the plans and specifications affect the public health
and conform to the provisions of the plumbing code;

(2) ensure that there is no physical connection between water supply systems that
are safe for domestic use and those that are unsafe for domestic use; and

(3) ensure that there is no apparatus through which unsafe water may be discharged
or drawn into a safe water supply system;

(d) the municipality agrees to perform all inspections required by the plumbing
code in connection with projects for which the municipality reviews plumbing plans and
specifications under paragraph (b);

(e) the commissioner determines that the individuals who will conduct the inspections
and the plumbing plan and specification reviews for the municipality do not have any
conflict of interest in conducting the inspections and the plan and specification reviews;

(f) individuals who will conduct the plumbing plan and specification reviews for
the municipality are:

(1) licensed master plumbers;

(2) licensed professional engineers; or

(3) individuals who are working under the supervision of a licensed professional
engineer or licensed master plumber and who are licensed master or journeyman plumbers
or hold a postsecondary degree in engineering;

(g) individuals who will conduct the plumbing plan and specification reviews for
the municipality have passed a competency assessment required by the commissioner to
assess the individual's competency at reviewing plumbing plans and specifications;

(h) individuals who will conduct the plumbing inspections for the municipality
are licensed master or journeyman plumbers, or inspectors meeting the competency
requirements established in rules adopted under section 326B.135;

(i) the municipality agrees to enforce in its entirety the plumbing code on all
projects, except as provided in paragraph (p);

(j) the municipality agrees to keep official records of all documents received,
including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
and certificates issued, reports of inspections, and notices issued in connection with
plumbing inspections and the review of plumbing plans and specifications;

(k) the municipality agrees to maintain the records described in paragraph (j) 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 at
the request of the commissioner;

(l) the municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the plumbing code or any of ordinances
described in paragraph (a), or if the commissioner determines that the municipality is not
properly administering and enforcing the plumbing code 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;

(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 is pending under clause (2), the commissioner shall perform
plan and specification reviews within the municipality under Minnesota Rules, part
4715.3130;

(m) 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;

(n) the municipality and the commissioner agree that the municipality shall forward
to the state for review all plumbing plans and specifications for the following types of
projects within the municipality:

(1) deleted text begin hospitals, nursing homes, supervised living facilities licensed for eight or
more individuals, and similar health-care-related facilities regulated by the Minnesota
Department of Healthdeleted text end new text begin state-licensed facilities as defined in section 326B.103, subdivision
13new text end ;

(2) deleted text begin buildings owned by the federal or state governmentdeleted text end new text begin public buildings as defined
in section 326B.103, subdivision 11new text end ; and

(3) projects of a special nature for which department review is requested by either
the municipality or the state;

(o) where the municipality forwards to the state for review plumbing plans and
specifications, as provided in paragraph (n), the municipality shall not collect any fee for
plan review, and the commissioner shall collect all applicable fees for plan review; and

(p) no municipality shall revoke, suspend, or place restrictions on any plumbing
license issued by the state.

Sec. 9.

Minnesota Statutes 2012, section 326B.89, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given them.

(b) "Gross annual receipts" means the total amount derived from residential
contracting or residential remodeling activities, regardless of where the activities are
performed, and must not be reduced by costs of goods sold, expenses, losses, or any
other amount.

(c) "Licensee" means a person licensed as a residential contractor or residential
remodeler.

(d) "Residential real estate" means a new or existing building constructed for
habitation by one to four families, and includes detached garages.

(e) "Fund" means the contractor recovery fund.

(f) "Owner" when used in connection with real property, means deleted text begin a persondeleted text end new text begin an
individualnew text end who has any legal or equitable interest in real property deleted text begin and includesdeleted text end new text begin or
new text end a condominium or townhome association that owns common property located in a
condominium building or townhome building or an associated detached garage. Owner
does not include any real estate developernew text begin or any other legal or commercial entitynew text end .

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 326B.978, subdivision 4, new text end new text begin is repealed.
 new text end

ARTICLE 2

COMBATIVE SPORTS

Section 1.

Minnesota Statutes 2012, section 326B.081, subdivision 3, is amended to
read:


Subd. 3.

Applicable law.

"Applicable law" means the provisions of sections
181.723, 325E.66, 327.31 to 327.36, deleted text begin anddeleted text end this chapter, new text begin and chapter 341, new text end and all rules,
orders, stipulation agreements, settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted, issued, or enforced by the department under sections
181.723, 325E.66, 327.31 to 327.36, deleted text begin ordeleted text end this chapternew text begin , or chapter 341new text end .

Sec. 2.

Minnesota Statutes 2012, section 341.21, subdivision 3a, is amended to read:


Subd. 3a.

Commissioner.

"Commissioner" means the commissioner of labor
and industrynew text begin or a duly designated representative of the commissioner who is either an
employee of the Department of Labor and Industry or a person working under contract
with the departmentnew text end .

Sec. 3.

Minnesota Statutes 2012, section 341.221, is amended to read:


341.221 ADVISORY COUNCIL.

(a) The commissioner must appoint a Combative Sports Advisory Council to advise
the commissioner on the administration of duties under this chapter.

(b) The council shall have nine members appointed by the commissioner. One
member must be a retired judge of the Minnesota District Court, Minnesota Court of
Appeals, Minnesota Supreme Court, the United States District Court for the District of
Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
knowledge of the boxing industry. At least four members must have knowledge of the
mixed martial arts industry. The commissioner shall make serious efforts to appoint
qualified women to serve on the council.

(c) Council members shall serve terms of four years with the terms ending on the
first Monday in January.

(d) The council shall annually elect from its membership a chair.

(e) deleted text begin The commissioner shall convene the first meeting of the council by July 1, 2012.
The council shall elect a chair at its first meeting. Thereafter,deleted text end Meetings shall be convened
by the commissioner, or by the chair with the approval of the commissioner.

(f) deleted text begin For the first appointments to the council, the commissioner shall appoint the
members currently serving on the Combative Sports Commission established under
section 341.22, to the council.deleted text end The commissioner shall designate two of the members to
serve until the first Monday in January 2013; two members to serve until the first Monday
in January 2014; two members to serve until the first Monday in January 2015; and three
members to serve until the first Monday in January 2016.

(g) Removal of members, filling of vacancies, and compensation of members shall
be as provided in section 15.059.

Sec. 4.

Minnesota Statutes 2012, 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 new text begin boxing and new text end mixed martial arts; deleted text begin and
deleted text end

(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 deleted text begin 214.10.deleted text end new text begin 326B.082 or the contested case procedures provided
in sections 14.57 to 14.69; and
new text end

new text begin (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 seven 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.
 new text end

Sec. 5.

Minnesota Statutes 2012, 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; deleted text begin and
deleted text end

(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 rulesdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082.
 new text end

Sec. 6.

Minnesota Statutes 2012, section 341.30, subdivision 4, is amended to read:


Subd. 4.

Prelicensure requirements.

(a) Before the commissioner issues a license
to a promoter, corporation, or other business entity, the applicant shall:

(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 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
entity; and

(4) provide the commissioner with a copy or other proof acceptable to the
commissioner of the insurance contract or policy required by this chapter.

(b) Before the commissioner issues a license to a promoter, the applicant shall
deposit with the commissioner a cash bond or surety bond in an amount set by the
commissionernew text begin , which must not be less than $10,000new text end . 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. An applicant for a
license as a promoter new text begin and licensed promoters new text end shall submit an application new text begin for each event new text end a
minimum of six weeks before the combative sport contest is scheduled to occur.

(c) Before the commissioner issues a license to a combatant, the applicant shall
submit to the commissionernew text begin :
new text end

new 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
 new text end

new text begin (2)new 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.

Sec. 7.

Minnesota Statutes 2012, section 341.32, subdivision 2, is amended to read:


Subd. 2.

Expiration and renewal.

deleted text begin A license issued after July 1, 2007, is valid for
one year from the date it is issued anddeleted text end new text begin Licenses expire annually on December 31, andnew text end may
be renewed by filing an application for renewal with the commissioner and 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. 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.