Bill Text: MN SF1717 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State building code and licensing modifications; apprenticeship training clarifications and modifications; fire sprinkler installation requirement in single-family detached homes prohibition; independent contractors provisions modifications
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2012-05-07 - Veto message laid on table [SF1717 Detail]
Download: Minnesota-2011-SF1717-Introduced.html
Bill Title: State building code and licensing modifications; apprenticeship training clarifications and modifications; fire sprinkler installation requirement in single-family detached homes prohibition; independent contractors provisions modifications
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2012-05-07 - Veto message laid on table [SF1717 Detail]
Download: Minnesota-2011-SF1717-Introduced.html
1.2relating to labor and industry; making changes to the State Building Code;
1.3amending Minnesota Statutes 2010, sections 326B.092, subdivisions 2, 7;
1.4326B.103, subdivision 3; Minnesota Statutes 2011 Supplement, sections
1.5326B.46, subdivision 1a; 326B.49, subdivision 1; repealing Minnesota Rules,
1.6parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660; 3801.3670;
1.73801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
1.83801.3740; 3801.3760; 3801.3790; 3801.3800.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 326B.092, subdivision 2, is amended to
1.11read:
1.12 Subd. 2. Licenses not requiring examination administered by commissioner. If
1.13the applicant for a license is not required to pass an examination in order to obtain the
1.14license, or is required to pass an examination that is not administered by the commissioner,
1.15then the license fee must accompany the application for the license. If the application is
1.16for a license issued under sections326B.802 to
326B.885 and is not an application for
1.17license renewal, then the contractor recovery fund fee required under section326B.89 ,
1.18subdivision 3, is dueafter the department has determined that the applicant meets the
1.19qualifications for licensing and before the license is issued.
1.20 Sec. 2. Minnesota Statutes 2010, section 326B.092, subdivision 7, is amended to read:
1.21 Subd. 7. License fees and license renewal fees. (a) The license fee for each license
1.22except a renewed license shall be the base license fee plus any applicable board fee, as
1.23set forth in this subdivision. The license renewal fee for each renewed license is the
1.24base license fee plus any applicable board fee, continuing education fee, and contractor
1.25recovery fund fee and additional assessment, as set forth in this subdivision.
2.1(b) For purposes of this section, "license duration" means the number of years for
2.2which the license is issued except that:
2.3(1) if the initial license is not issued for a whole number of years, the license duration
2.4shall be rounded up to the next whole number; and
2.5(2) if the department receives an application for license renewal after the renewal
2.6deadline, license duration means the number of years for which the renewed license would
2.7have been issued if the renewal application had been submitted on time and all other
2.8requirements for renewal had been met.
2.9(c) The base license fee shall depend on whether the license is classified as an entry
2.10level, master, journeyman, or business license, and on the license duration. The base
2.11license fee shall be:
2.18(d) If there is a continuing education requirement for renewal of the license, then
2.19a continuing education fee must be included in the renewal license fee. The continuing
2.20education fee for all license classifications shall be: $10 if the renewal license duration is
2.21one year; $20 if the renewal license duration is two years; and $30 if the renewal license
2.22duration is three years.
2.23(e) If the license is issued under sections326B.31 to
326B.59 or
326B.90 to
2.24326B.93
, then a board fee must be included in the license fee and the renewal license fee.
2.25The board fee for all license classifications shall be: $4 if the license duration is one year;
2.26$8 if the license duration is two years; and $12 if the license duration is three years.
2.27(f) If the application is for the renewal of a license issued under sections326B.802
2.28to
326B.885 , then the contractor recovery fund fee required under section
326B.89 ,
2.29subdivision 3, and any additional assessment required under section326B.89, subdivision
2.3016, must be included in the license renewal fee.
2.31 Sec. 3. Minnesota Statutes 2010, section 326B.103, subdivision 3, is amended to read:
2.32 Subd. 3. Agricultural building. "Agricultural building" means a structure that is:
2.33(1) on agricultural land asdefined in determined by the governing assessor for the
2.34municipality or county under section273.13, subdivision 23 ,;
2.35(2) designed, constructed, and used to house farm implements, livestock, or
2.36agriculturalproduce or products under section 273.13, subdivision 23, paragraph (e); and
3.1(3) used by the owner, lessee, and sublessee of the building and members of their
3.2immediate families, their employees, and persons engaged in the pickup or delivery of
3.3agricultural produce or products.
3.4 Sec. 4. Minnesota Statutes 2011 Supplement, section 326B.46, subdivision 1a, is
3.5amended to read:
3.6 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
3.7license may do plumbing work on the individual's residence in accordance with
3.8subdivision 1, paragraph (a).
3.9(b) An individual who is an employee working on the maintenance and repair of
3.10plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
3.11and which is within the limits of property owned or leased, and operated or maintained by
3.12the individual's employer, shall not be required to maintain a contractor license as long
3.13as the employer has on file with the commissioner a current certificate of responsible
3.14individual. The responsible individual must be a master plumber or, in an area of the
3.15state that is not a city or town with a population of more than 5,000 according to the
3.16last federal census, a restricted master plumber. The certificate must be signed by the
3.17responsible individual and must state that the person signing the certificate is responsible
3.18for ensuring that the maintenance and repair work performed by the employer's employees
3.19complies with sections326B.41 to
326B.49 , all rules adopted under those sections and
3.20sections326B.50 to
326B.59 , and all orders issued under section
326B.082 . The employer
3.21must pay a filing fee to file a certificate of responsible individual with the commissioner.
3.22The certificate shall expire two years from the date of filing. In order to maintain a
3.23current certificate of responsible individual, the employer must resubmit a certificate of
3.24responsible individual, with a filing fee, no later than two years from the date of the
3.25previous submittal. The filing of the certificate of responsible individual does not exempt
3.26any employee of the employer from the requirements of this chapter regarding individual
3.27licensing as a plumber or registration asa plumber's apprentice an unlicensed individual.
3.28(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
3.29separate contractor license to perform plumbing work on behalf of the employer within
3.30the scope of the licensed plumber's license.
3.31(d) A person may perform and offer to perform building sewer or water service
3.32installation without a contractor's license if the person is in compliance with the bond and
3.33insurance requirements of subdivision 2.
4.1 Sec. 5. Minnesota Statutes 2011 Supplement, section 326B.49, subdivision 1, is
4.2amended to read:
4.3 Subdivision 1. Application, examination, and license fees. (a) Applications for
4.4master and journeyman plumber's licenses shall be made to the commissioner, with
4.5all fees required by section326B.092 . Unless the applicant is entitled to a renewal,
4.6the applicant shall be licensed by the commissioner only after passing a satisfactory
4.7examination developed and administered by the commissioner, based upon rules adopted
4.8by the Plumbing Board, showing fitness.
4.9(b) All initial journeyman plumber's licenses shall be effective for more than one
4.10calendar year and shall expire on December 31 of the year after the year in which the
4.11application is made. All master plumber's licenses shall expire on December 31 of each
4.12even-numbered year after issuance or renewal. The commissioner shall in a manner
4.13determined by the commissioner, without the need for any rulemaking under chapter 14,
4.14phase in the renewal of master and journeyman plumber's licenses from one year to two
4.15years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
4.16two-year licenses.
4.17(c) Applications for contractor licenses shall be made to the commissioner, with all
4.18fees required by section326B.092 . All contractor licenses shall expire on December 31 of
4.19each odd-numbered year after issuance or renewal.
4.20(d) For purposes of calculating license fees and renewal license fees required under
4.21section326B.092 :
4.22(1) the following licenses shall be considered business licenses: plumbing contractor
4.23and restricted plumbing contractor;
4.24(2) the following licenses shall be considered master licenses: master plumber and
4.25restricted master plumber;
4.26(3) the following licenses shall be considered journeyman licenses: journeyman
4.27plumber and restricted journeyman plumber; and
4.28(4) the registration ofa plumber's apprentice an unlicensed individual under section
4.29326B.47, subdivision 3
, shall be considered an entry level license.
4.30(e) For each filing of a certificate of responsible individual by an employer, the
4.31fee is $100.
4.32(f) The commissioner shall charge each person giving bond under section326B.46 ,
4.33subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
4.34licensed contractor.
4.35 Sec. 6. REPEALER.
5.1Minnesota Rules, parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660;
5.23801.3670; 3801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
5.33801.3740; 3801.3760; 3801.3790; and 3801.3800, are repealed.
1.3amending Minnesota Statutes 2010, sections 326B.092, subdivisions 2, 7;
1.4326B.103, subdivision 3; Minnesota Statutes 2011 Supplement, sections
1.5326B.46, subdivision 1a; 326B.49, subdivision 1; repealing Minnesota Rules,
1.6parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660; 3801.3670;
1.73801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
1.83801.3740; 3801.3760; 3801.3790; 3801.3800.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 326B.092, subdivision 2, is amended to
1.11read:
1.12 Subd. 2. Licenses not requiring examination administered by commissioner. If
1.13the applicant for a license is not required to pass an examination in order to obtain the
1.14license, or is required to pass an examination that is not administered by the commissioner,
1.15then the license fee must accompany the application for the license. If the application is
1.16for a license issued under sections
1.17license renewal, then the contractor recovery fund fee required under section
1.18subdivision 3, is due
1.19
1.20 Sec. 2. Minnesota Statutes 2010, section 326B.092, subdivision 7, is amended to read:
1.21 Subd. 7. License fees and license renewal fees. (a) The license fee for each license
1.22
1.23
1.24base license fee plus any applicable board fee, continuing education fee, and contractor
1.25recovery fund fee and additional assessment, as set forth in this subdivision.
2.1(b) For purposes of this section, "license duration" means the number of years for
2.2which the license is issued except that:
2.3(1) if the initial license is not issued for a whole number of years, the license duration
2.4shall be rounded up to the next whole number; and
2.5(2) if the department receives an application for license renewal after the renewal
2.6deadline, license duration means the number of years for which the renewed license would
2.7have been issued if the renewal application had been submitted on time and all other
2.8requirements for renewal had been met.
2.9(c) The base license fee shall depend on whether the license is classified as an entry
2.10level, master, journeyman, or business license, and on the license duration. The base
2.11license fee shall be:
| 2.12 |
License Classification |
License Duration |
||
| 2.13 |
1 Year |
2 Years |
3 Years |
|
| 2.14 |
Entry level |
$10 |
$20 |
$30 |
| 2.15 |
Journeyman |
$20 |
$40 |
$60 |
| 2.16 |
Master |
$40 |
$80 |
$120 |
| 2.17 |
Business |
$90 |
$180 |
$270 |
2.19a continuing education fee must be included in the renewal license fee. The continuing
2.20education fee for all license classifications shall be: $10 if the renewal license duration is
2.21one year; $20 if the renewal license duration is two years; and $30 if the renewal license
2.22duration is three years.
2.23(e) If the license is issued under sections
2.25The board fee for all license classifications shall be: $4 if the license duration is one year;
2.26$8 if the license duration is two years; and $12 if the license duration is three years.
2.27(f) If the application is for the renewal of a license issued under sections
2.29subdivision 3, and any additional assessment required under section
2.31 Sec. 3. Minnesota Statutes 2010, section 326B.103, subdivision 3, is amended to read:
2.32 Subd. 3. Agricultural building. "Agricultural building" means a structure that is:
2.33(1) on agricultural land as
2.34municipality or county under section
2.35(2) designed, constructed, and used to house farm implements, livestock, or
2.36agricultural
3.1(3) used by the owner, lessee, and sublessee of the building and members of their
3.2immediate families, their employees, and persons engaged in the pickup or delivery of
3.3agricultural produce or products.
3.4 Sec. 4. Minnesota Statutes 2011 Supplement, section 326B.46, subdivision 1a, is
3.5amended to read:
3.6 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
3.7license may do plumbing work on the individual's residence in accordance with
3.8subdivision 1, paragraph (a).
3.9(b) An individual who is an employee working on the maintenance and repair of
3.10plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
3.11and which is within the limits of property owned or leased, and operated or maintained by
3.12the individual's employer, shall not be required to maintain a contractor license as long
3.13as the employer has on file with the commissioner a current certificate of responsible
3.14individual. The responsible individual must be a master plumber or, in an area of the
3.15state that is not a city or town with a population of more than 5,000 according to the
3.16last federal census, a restricted master plumber. The certificate must be signed by the
3.17responsible individual and must state that the person signing the certificate is responsible
3.18for ensuring that the maintenance and repair work performed by the employer's employees
3.19complies with sections
3.20sections
3.21must pay a filing fee to file a certificate of responsible individual with the commissioner.
3.22The certificate shall expire two years from the date of filing. In order to maintain a
3.23current certificate of responsible individual, the employer must resubmit a certificate of
3.24responsible individual, with a filing fee, no later than two years from the date of the
3.25previous submittal. The filing of the certificate of responsible individual does not exempt
3.26any employee of the employer from the requirements of this chapter regarding individual
3.27licensing as a plumber or registration as
3.28(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
3.29separate contractor license to perform plumbing work on behalf of the employer within
3.30the scope of the licensed plumber's license.
3.31(d) A person may perform and offer to perform building sewer or water service
3.32installation without a contractor's license if the person is in compliance with the bond and
3.33insurance requirements of subdivision 2.
4.1 Sec. 5. Minnesota Statutes 2011 Supplement, section 326B.49, subdivision 1, is
4.2amended to read:
4.3 Subdivision 1. Application, examination, and license fees. (a) Applications for
4.4master and journeyman plumber's licenses shall be made to the commissioner, with
4.5all fees required by section
4.6the applicant shall be licensed by the commissioner only after passing a satisfactory
4.7examination developed and administered by the commissioner, based upon rules adopted
4.8by the Plumbing Board, showing fitness.
4.9(b) All initial journeyman plumber's licenses shall be effective for more than one
4.10calendar year and shall expire on December 31 of the year after the year in which the
4.11application is made. All master plumber's licenses shall expire on December 31 of each
4.12even-numbered year after issuance or renewal. The commissioner shall in a manner
4.13determined by the commissioner, without the need for any rulemaking under chapter 14,
4.14phase in the renewal of master and journeyman plumber's licenses from one year to two
4.15years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
4.16two-year licenses.
4.17(c) Applications for contractor licenses shall be made to the commissioner, with all
4.18fees required by section
4.19each odd-numbered year after issuance or renewal.
4.20(d) For purposes of calculating license fees and renewal license fees required under
4.21section
4.22(1) the following licenses shall be considered business licenses: plumbing contractor
4.23and restricted plumbing contractor;
4.24(2) the following licenses shall be considered master licenses: master plumber and
4.25restricted master plumber;
4.26(3) the following licenses shall be considered journeyman licenses: journeyman
4.27plumber and restricted journeyman plumber; and
4.28(4) the registration of
4.30(e) For each filing of a certificate of responsible individual by an employer, the
4.31fee is $100.
4.32(f) The commissioner shall charge each person giving bond under section
4.33subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
4.34licensed contractor.
4.35 Sec. 6. REPEALER.
5.1Minnesota Rules, parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660;
5.23801.3670; 3801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
5.33801.3740; 3801.3760; 3801.3790; and 3801.3800, are repealed.
