Bill Text: MN SF2438 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Office of combative sports and construction codes and licensing division housekeeping provisions modifications; interstate compact on industrialized/modular buildings provisions modifications

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-05-14 - House rule 1.21, placed on Calendar for the Day Friday, May 16, 2014 [SF2438 Detail]

Download: Minnesota-2013-SF2438-Engrossed.html

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A bill for an act

relating to labor and industry; making housekeeping changes to the Office of
Combative Sports and Construction Codes and Licensing Division; removing
obsolete, redundant, and unnecessary laws and rules; making conforming
changes;amending Minnesota Statutes 2012, sections 181.171, subdivision 1;
182.6553, subdivisions 1, 2; 184.21, subdivision 4; 184.24, subdivision 1; 184.41;
326B.092, subdivisions 3, 7; 326B.094, subdivisions 2, 3; 326B.106, subdivisions
4, 7; 326B.109, subdivision 2; 326B.135, subdivision 4; 326B.139; 326B.194;
326B.37, subdivision 11; 326B.46, subdivision 1b; 326B.811, subdivision 1;
326B.84; 326B.978, by adding a subdivision; 326B.99, subdivision 2; 341.21,
subdivisions 2a, 4, 4f, 7, by adding a subdivision; 341.28, subdivision 3; 341.30,
subdivisions 1, 2; 341.32, subdivision 1; 341.33; Minnesota Statutes 2013
Supplement, sections 177.27, subdivision 4; 326B.184, subdivision 2; 326B.49,
subdivision 3; 341.29; 341.30, subdivision 4; 341.32, subdivision 2; 341.321;
repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08;
175.14; 175.26; 181.12; 181.9435, subdivision 2; 184.22, subdivision 1; 184.25;
184.26; 184.27; 184.28; 184.29; 184.30, subdivision 1; 184.32; 184.33; 184.34;
184.35; 184.36; 184.38, subdivisions 2, 16, 17; 184.40; 326B.091, subdivision
6; 326B.106, subdivision 10; 326B.169; 326B.181; 471.465; 471.466; 471.467;
471.468; 609B.137; Minnesota Rules, parts 5200.0510; 5200.0520; 5200.0530;
5200.0540; 5200.0550; 5200.0560; 5200.0570; 5200.0750; 5200.0760.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OFFICE OF COMBATIVE SPORTS

    Section 1. Minnesota Statutes 2012, section 341.21, subdivision 2a, is amended to read:
    Subd. 2a. Combatant. "Combatant" means an individual who employs the act of
attack and defense as a boxer, tough person, kickboxer, or mixed martial artist while
engaged in a combative sport.

    Sec. 2. Minnesota Statutes 2012, section 341.21, subdivision 4, is amended to read:
    Subd. 4. Combative sports contest. "Combative sports contest" means a
professional boxing, a professional or amateur tough person, a professional or amateur
kickboxing, or a professional or amateur mixed martial art arts contest, bout, competition,
match, or exhibition.

    Sec. 3. Minnesota Statutes 2012, section 341.21, subdivision 4f, is amended to read:
    Subd. 4f. Mixed martial arts contest. "Mixed martial arts contest" means a combat
sport in which combatants are permitted to use a wide range of fighting techniques and is a
contest between two or more individuals consisting of any combination of two or more
full contact martial art including, but not limited to, Muay Thai and karate, kickboxing,
wrestling, grappling, or other recognized martial art disciplines.

    Sec. 4. Minnesota Statutes 2012, section 341.21, is amended by adding a subdivision
to read:
    Subd. 4h. Martial art. "Martial art" means a variety of weaponless disciplines of
combat or self-defense that utilize physical skill and coordination, and are practiced as
combat sports, including, but not limited to, kickboxing, tae kwon do, karate, Muay Thai,
judo, kung fu, jiujitsu, wrestling, and tai chi.

    Sec. 5. Minnesota Statutes 2012, section 341.21, subdivision 7, is amended to read:
    Subd. 7. Tough person contest. "Tough person contest," including contests
marketed as tough man or tough woman contests, means a contest of two-minute rounds
consisting of not more than four rounds between two or more individuals who use their
hands, or their feet, or both in any manner. Tough person contest does not include
kickboxing or any recognized martial arts contest.

    Sec. 6. Minnesota Statutes 2012, section 341.28, subdivision 3, is amended to read:
    Subd. 3. Regulatory authority; mixed martial arts contests; similar sporting
events. All professional and amateur mixed martial arts contests, kickboxing, ultimate
fight contests, and similar sporting events are subject to this chapter and all officials at
these events must be licensed under this chapter.

    Sec. 7. Minnesota Statutes 2013 Supplement, section 341.29, is amended to read:
341.29 JURISDICTION OF COMMISSIONER.
    The commissioner shall:
    (1) have sole direction, supervision, regulation, control, and jurisdiction over all
combative sport contests that are held within this state unless a contest is exempt from the
application of this chapter under federal law;
    (2) have sole control, authority, and jurisdiction over all licenses required by this
chapter;
    (3) grant a license to an applicant if, in the judgment of the commissioner, the
financial responsibility, experience, character, and general fitness of the applicant are
consistent with the public interest, convenience, or necessity and the best interests of
combative sports and conforms with this chapter and the commissioner's rules; and
    (4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082., but the licensing reapplication time frames remain within the sole discretion
of the commissioner; and
    (5) serve final nonlicensing orders in performing the duties of this chapter which are
subject to the contested case procedures provided in sections 14.57 to 14.69.

    Sec. 8. Minnesota Statutes 2012, section 341.30, subdivision 1, is amended to read:
    Subdivision 1. Licensure; individuals. All referees, judges, promoters, trainers,
ring announcers, timekeepers, ringside physicians, combatants, managers, and seconds are
required to be licensed by the commissioner. The commissioner shall not permit any of
these persons to participate in the holding or conduct of any matter with any combative
sport contest unless the commissioner has first issued the person a license.

    Sec. 9. Minnesota Statutes 2012, section 341.30, subdivision 2, is amended to read:
    Subd. 2. Entity licensure. Before participating in the holding, promoting, or
conduct conducting of any combative sport contest, a corporation, partnership, limited
liability company, or other business entity organized and existing under law, its officers
and directors, and any person holding 25 percent or more of the ownership of the
corporation shall obtain a license from the commissioner and must be authorized to do
business under the laws of this state.

    Sec. 10. Minnesota Statutes 2013 Supplement, section 341.30, subdivision 4, is
amended to read:
    Subd. 4. Prelicensure requirements. (a) Before the commissioner issues a
promoter's license to a promoter an individual, corporation, or other business entity, the
applicant shall, a minimum of six weeks before the combative sport contest is scheduled
to occur, complete a licensing application on the Office of Combative Sports Web site or
on forms furnished or approved by the commissioner and shall:
    (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 licensing 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 applicant; 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.;
    (5) provide proof, where applicable, of authorization to do business in the state
of Minnesota; and
    (b) Before the commissioner issues a license to a promoter, the applicant shall
(6) deposit with the commissioner a cash bond or surety bond in an amount set by the
commissioner, which must not be less than $10,000. The bond shall be executed in favor
of this state and shall be conditioned on the faithful performance by the promoter of the
promoter's obligations under this chapter and the rules adopted under it. An applicant for a
license as a promoter and licensed promoters shall submit an application for each event a
minimum of six weeks before the combative sport contest is scheduled to occur.
    (c) (b) Before the commissioner issues a license to a combatant, the applicant shall
submit to the commissioner:
    (1) a mixed martial arts combatant national identification number or federal boxing
identification number that is unique to the applicant, or both; and
    (2) 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.; and
    (3) a complete licensing application on the Office of Combative Sports Web site or
on forms furnished or approved by the commissioner.

    Sec. 11. Minnesota Statutes 2012, section 341.32, subdivision 1, is amended to read:
    Subdivision 1. Annual licensure. The commissioner may establish and issue annual
licenses subject to the collection of advance fees by the commissioner for promoters,
managers, judges, referees, ring announcers, ringside physicians, timekeepers, combatants,
trainers, and seconds, business entities filing for a license to participate in the holding of
any contest, and officers, directors, or other persons affiliated with the business entity.

    Sec. 12. Minnesota Statutes 2013 Supplement, section 341.32, subdivision 2, is
amended to read:
    Subd. 2. Expiration and renewal. Licenses expire annually on December 31, and
may be renewed by filing an application for renewal with the commissioner, satisfying
all licensure requirements established in section 341.30, 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.

    Sec. 13. Minnesota Statutes 2013 Supplement, 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 for each initial license and each renewal;
    (2) promoters, $700 for each initial license and each renewal;
    (3) judges and knockdown judges, $80 for each initial license and each renewal;
    (4) trainers, $80 for each initial license and each renewal;
    (5) ring announcers, $80 for each initial license and each renewal;
    (6) seconds, $80 for each initial license and each renewal;
    (7) timekeepers, $80 for each initial license and each renewal;
    (8) professional combatants, $100 for each initial license and each renewal;
    (9) amateur combatants, $60;
    (9) (10) managers, $80 for each initial license and each renewal; and
    (10) (11) ringside physicians, $80 for each initial license and each renewal.
In addition to the license fee and the late filing penalty fee in section 341.32, subdivision
2 , if applicable, an individual who applies for a professional license on the same day
within the 48 hours preceding when the combative sporting event is held shall pay a late
fee of $100 plus the original license fee of $120 at the time the application is submitted.
    (b) The fee schedule for amateur licenses issued by the commissioner is as follows:
    (1) referees, $80 for each initial license and each renewal;
    (2) promoters, $700 for each initial license and each renewal;
    (3) judges and knockdown judges, $80 for each initial license and each renewal;
    (4) trainers, $80 for each initial license and each renewal;
    (5) ring announcers, $80 for each initial license and each renewal;
    (6) seconds, $80 for each initial license and each renewal;
    (7) timekeepers, $80 for each initial license and each renewal;
    (8) combatant, $60 for each initial license and each renewal;
    (9) managers, $80 for each initial license and each renewal; and
    (10) ringside physicians, $80 for each initial license and each renewal.
    (c) (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
professional combative sport contest fee is $1,500 per event or not more than four percent
of the gross ticket sales, whichever is greater, as determined by the commissioner when
the combative sport contest is scheduled,. The amateur combative sport contest fee shall
be $1,500 or not more than four percent of the gross ticket sales, whichever is greater.
The commissioner shall consider the size and type of venue when establishing a contest
fee. The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
    (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 shall be due to
the commissioner within 24 hours of the completed contest.
    (d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
    (d) (e) All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

    Sec. 14. Minnesota Statutes 2012, section 341.33, is amended to read:
341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
    Subdivision 1. Examination by physician. All combatants must be examined
by a physician licensed by this state within 36 hours before entering the ring, and the
examining physician shall immediately file with the commissioner a written report of the
examination. The physician's examination may report on the condition of the combatant's
heart and general physical and general neurological condition. The physician's report
may record the condition of the combatant's nervous system and brain as required by the
commissioner. The physician may prohibit the combatant from entering the ring if, in
the physician's professional opinion, it is in the best interest of the combatant's health.
The cost of the examination is payable by the person or entity promoter conducting the
contest or exhibition.
    Subd. 2. Attendance of physician. A person promoter holding or sponsoring a
combative sport contest shall have in attendance a physician licensed by this state. The
commissioner may establish a schedule of fees to be paid to each attending physician by
the person promoter holding or sponsoring the contest.

    Sec. 15. REVISOR'S INSTRUCTION.
The revisor shall renumber the subdivisions in Minnesota Statutes, section
341.21, so that the definitions appear in alphabetical order. The revisor shall make any
cross-reference changes necessary as a result of the renumbering.

ARTICLE 2

CONSTRUCTION CODES AND LICENSING

    Section 1. Minnesota Statutes 2012, section 326B.094, subdivision 2, is amended to
read:
    Subd. 2. Availability of renewal. A licensee may apply to renew a license no later
than two years after the expiration of the license. If the department receives a complete
renewal application no later than two years after the expiration of the license, then the
department must approve or deny the renewal application within 60 days of receiving the
complete renewal application. If the department receives a renewal application more than
two years after the expiration of the license, the department must return the renewal license
fee to the applicant without approving or denying the application. If the licensee wishes
to obtain a valid license more than two years after expiration of the license, the licensee
must apply for a new license. This section does not apply to a holder of a certificate of
exemption issued under section 326B.805, subdivision 6, unlicensed individuals who
register with the department under section 326B.33, subdivision 12, or 326B.47, or a
mechanical contractor that files a bond with the department under section 326B.197.

    Sec. 2. Minnesota Statutes 2013 Supplement, section 326B.184, subdivision 2, is
amended to read:
    Subd. 2. Operating permits and fees; periodic inspections. (a) No person may
operate an elevator without first obtaining an annual operating permit from the department
or a municipality authorized by subdivision 4 to issue annual operating permits. A $100
annual operating permit fee must be paid to the department for each annual operating
permit issued by the department, except that the original annual operating permit must
be included in the permit fee for the initial installation of the elevator. Annual operating
permits must be issued at 12-month intervals from the date of the initial annual operating
permit. For each subsequent year, an owner must be granted an annual operating permit
for the elevator upon the owner's or owner's agent's submission of a form prescribed by
the commissioner and payment of the $100 fee. Each form must include the location of
the elevator, the results of any periodic test required by the code, and any other criteria
established by rule. An annual operating permit may be revoked by the commissioner
upon an audit of the periodic testing results submitted with the application or a failure to
comply with elevator code requirements, inspections, or any other law related to elevators.
Except for an initial operating permit fee, elevators in residential dwellings, hand-powered
manlifts and electric endless belt manlifts, and vertical reciprocating conveyors are not
subject to a subsequent operating permit fee.
(b) All elevators are subject to periodic inspections by the department or a
municipality authorized by subdivision 4 to perform periodic inspections, except that
hand-powered manlifts and electric endless belt manlifts are exempt from periodic
inspections. Periodic inspections by the department shall be performed at the following
intervals:
(1) a special purpose personnel elevator is subject to inspection not more than once
every five years;
(2) an elevator located within a house of worship that does not have attached school
facilities is subject to inspection not more than once every three years; and
(3) all other elevators are subject to inspection not more than once each year.

    Sec. 3. Minnesota Statutes 2012, section 326B.37, subdivision 11, is amended to read:
    Subd. 11. Inspection of transitory project. (a) For inspection of transitory projects
including, but not limited to, festivals, fairs, carnivals, circuses, shows, production sites,
and portable road construction plants, the inspection procedures and fees are as specified
in paragraphs (b) to (i).
    (b) The fee for inspection of each generator or other source of supply is that specified
in subdivision 3. A like fee is required at each engagement or setup.
    (c) In addition to the fee for generators or other sources of supply, there must be an
inspection of all installed feeders, circuits, and equipment at each engagement or setup at
the hourly rate specified in subdivision 10, with a one-hour minimum.
    (d) An owner, operator, or appointed representative of a transitory enterprise
including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
shows, portable road construction plants, and similar enterprises shall notify the
commissioner of its itinerary or schedule and make application for initial inspection
a minimum of 14 days before its first engagement or setup. An owner, operator, or
appointed representative of a transitory enterprise who fails to notify the commissioner 14
days before its first engagement or setup may be subject to the investigation fees specified
in subdivision 7. The owner, operator, or appointed representative shall request inspection
and pay the inspection fee for each subsequent engagement or setup at the time of the
initial inspection. For subsequent engagements or setups not listed on the itinerary or
schedule submitted to the commissioner and where the commissioner is not notified at
least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
    (e) Amusement rides, devices, concessions, attractions, or other units must be
inspected at their first appearance of the year. The inspection fee is $35 per unit with a
supply of up to 60 amperes and $40 per unit with a supply above 60 amperes.
    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
for additional time spent by each inspector if equipment is not ready or available for
inspection at the time and date specified on the application for initial inspection or the
request for electrical inspection form.
    (g) In addition to the fees specified in paragraphs (a) and (b) and (c), a fee of one
hour at the hourly rate specified in subdivision 10 must be charged for inspections required
to be performed on Saturdays, Sundays, holidays, or after regular business hours.
    (h) The fee for reinspection of corrections or supplemental inspections where an
additional trip is necessary may be assessed as specified in subdivision 8.
    (i) The commissioner shall retain the inspection fee when an owner, operator, or
appointed representative of a transitory enterprise fails to notify the commissioner at least
48 hours in advance of a scheduled inspection that is canceled.

    Sec. 4. Minnesota Statutes 2012, section 326B.46, subdivision 1b, is amended to read:
    Subd. 1b. Employment of master plumber or restricted master plumber. (a)
Each contractor must designate a responsible licensed plumber, who shall be responsible
for the performance of all plumbing work in accordance with sections 326B.41 to 326B.49,
all rules adopted under these sections and sections 326B.50 to 326B.59, and all orders
issued under section 326B.082. A plumbing contractor's responsible individual must be
a master plumber. A restricted plumbing contractor's responsible individual must be a
master plumber or a restricted master plumber. A plumbing contractor license authorizes
the contractor to offer to perform and, through licensed and registered individuals,
to perform plumbing work in all areas of the state. A restricted plumbing contractor
license authorizes the contractor to offer to perform and, through licensed and registered
individuals, to perform plumbing work in all areas of the state except in cities and towns
with a population of more than 5,000 according to the last federal census.
(b) If the contractor is an individual or sole proprietorship, the responsible licensed
individual must be the individual, proprietor, or managing employee. If the contractor
is a partnership, the responsible licensed individual must be a general partner or
managing employee. If the contractor is a limited liability company, the responsible
licensed individual must be a chief manager or managing employee. If the contractor is a
corporation, the responsible licensed individual must be an officer or managing employee.
If the responsible licensed individual is a managing employee, the responsible licensed
individual must be actively engaged in performing plumbing work on behalf of the
contractor, and cannot be employed in any capacity as a plumber for any other contractor.
An individual may be the responsible licensed individual for only one contractor.
(c) All applications and renewals for contractor licenses shall include a verified
statement that the applicant or licensee has complied with this subdivision.
(d) Upon the departure or disqualification of a licensee's responsible licensed
individual because of death, disability, retirement, position change, or other reason, the
licensee must notify the commissioner within 15 business days. The licensee shall have 60
days from the departure of the responsible licensed individual to obtain a new responsible
licensed individual. Failure to secure a new responsible licensed individual within 60 days
will, with or without notice, result in the voluntary termination of the license.

    Sec. 5. Minnesota Statutes 2013 Supplement, section 326B.49, subdivision 3, is
amended to read:
    Subd. 3. Permits; fees. (a) Before commencement of a plumbing installation to be
inspected by the commissioner, the plumbing contractor or registered plumbing employer
performing the plumbing work must submit to the commissioner an application for a
permit and the permit and inspection fees in paragraphs (b) to (f).
(b) The permit fee is $100.
(c) The residential inspection fee is $50 for each inspection trip.
(d) The public, commercial, and industrial inspection fees are as follows:
(1) for systems with water distribution, drain, waste, and vent system connection:
(i) $25 for each fixture, permanently connected appliance, floor drain, or other
appurtenance;
    (ii) $25 for each water conditioning, water treatment, or water filtration system; and
(iii) $25 for each interceptor, separator, catch basin, or manhole;
(2) roof drains, $25 for each drain;
(3) building sewer service only, $100;
(4) building water service only, $100;
(5) building water distribution system only, no drainage system, $5 for each fixture
supplied;
(6) storm drainage system, a minimum fee of $25 for each drain opening, interceptor,
separator, or catch basin;
(7) manufactured home park or campground, $25 for each site;
(8) reinspection fee to verify corrections, regardless of the total fee submitted, $100
for each reinspection; and
(9) each $100 in fees paid covers one inspection trip.
(e) In addition to the fees in paragraph (c) (d), the fee submitter must pay an hourly
rate of $80 during regular business hours, or $120 when inspections are requested to be
performed outside of normal work hours or on weekends and holidays, with a two-hour
minimum where the fee submitter requests inspections of installations as systems are
being installed.
(f) The fee submitter must pay a fee equal to two hours at the hourly rate of $80
when inspections scheduled by the submitter are not able to be completed because the
work is not complete.

    Sec. 6. Minnesota Statutes 2012, section 326B.811, subdivision 1, is amended to read:
    Subdivision 1. Required. A person who has entered into a written contract with
a residential building contractor, residential remodeler, or residential roofer or a siding
contractor registered under section 326B.802, subdivision 15, to provide goods and
services to be paid by the insured from the proceeds of a property or casualty insurance
policy has the right to cancel the contract within 72 hours after the insured has been
notified by the insurer that the claim has been denied. Cancellation is evidenced by the
insured giving written notice of cancellation to the contractor at the address stated in the
contract. Notice of cancellation, if given by mail, is effective upon deposit in a mailbox,
properly addressed to the contractor and postage prepaid. Notice of cancellation need not
take a particular form and is sufficient if it indicates, by any form of written expression,
the intention of the insured not to be bound by the contract.

    Sec. 7. Minnesota Statutes 2012, section 326B.84, is amended to read:
326B.84 GROUNDS FOR SANCTIONS.
     The commissioner may use any enforcement provision in section 326B.082 against
an applicant for, qualifying person of, or holder of a license or certificate of exemption,
if the applicant, licensee, certificate of exemption holder, qualifying person, or owner,
officer, member, managing employee, or affiliate of the applicant, licensee, or certificate
of exemption holder:
    (1) has filed an application for licensure or a certificate of exemption which is
incomplete in any material respect or contains any statement which, in light of the
circumstances under which it is made, is false or misleading with respect to any material
fact;
    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the business;
    (4) has failed to reasonably supervise employees, agents, subcontractors, or
salespersons, or has performed negligently or in breach of contract, so as to cause injury
or harm to the public;
    (5) has violated or failed to comply with any provision of sections 326B.802 to
326B.885 , any rule or order under sections 326B.802 to 326B.885, or any other law, rule,
or order related to the duties and responsibilities entrusted to the commissioner;
    (6) has been convicted of a violation of the State Building Code or has refused to
comply with a notice of violation or stop correction order issued by a certified building
official, or in local jurisdictions that have not adopted the State Building Code has refused
to correct a violation of the State Building Code when the violation has been documented or
a notice of violation or stop order issued by a certified building official has been received;
    (7) has failed to use the proceeds of any payment made to the licensee for the
construction of, or any improvement to, residential real estate, as defined in section
326B.802, subdivision 13 , for the payment of labor, skill, material, and machinery
contributed to the construction or improvement, knowing that the cost of any labor
performed, or skill, material, or machinery furnished for the improvement remains unpaid;
    (8) has not furnished to the person making payment either a valid lien waiver as to
any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
or a payment bond in the basic amount of the contract price for the improvement
conditioned for the prompt payment to any person or persons entitled to payment;
    (9) has engaged in an act or practice that results in compensation to an aggrieved
owner or lessee from the contractor recovery fund pursuant to section 326B.89, unless:
    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
plus interest at the rate of 12 percent per year; and
    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
$40,000, issued by an insurer authorized to transact business in this state;
    (10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense
of a civil lawsuit or arbitration arising out of their activities as a licensee or certificate
of exemption holder under this chapter;
    (11) has had a judgment entered against them for failure to make payments to
employees, subcontractors, or suppliers, that the licensee has failed to satisfy and all
appeals of the judgment have been exhausted or the period for appeal has expired;
    (12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious
license number or the license number of another, or, if licensed, has knowingly allowed
an unlicensed person to use the licensee's license number for the purpose of fraudulently
obtaining a building permit; or has applied for or obtained a building permit for an
unlicensed person;
    (13) has made use of a forged mechanic's lien waiver under chapter 514;
    (14) has provided false, misleading, or incomplete information to the commissioner
or has refused to allow a reasonable inspection of records or premises;
    (15) has engaged in an act or practice whether or not the act or practice directly
involves the business for which the person is licensed, that demonstrates that the applicant
or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
unqualified to act under the license granted by the commissioner; or
    (16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified,
within 30 days of the mailing of the request by the department.

    Sec. 8. Minnesota Statutes 2012, section 326B.978, is amended by adding a
subdivision to read:
    Subd. 4a. Continuing education. The commissioner may require continuing
education prior to the renewal of any license. Before requiring continuing education, the
commissioner shall adopt rules that specify the continuing education requirements.

    Sec. 9. Minnesota Statutes 2012, section 326B.99, subdivision 2, is amended to read:
    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
company authorized to do business in this state has issued a policy of insurance, after the
inspection thereof, is exempt from inspection by the department made under sections
326B.93 to 326B.998, except the initial inspection by the department under section
326B.96 326B.958, subdivision 1, paragraph (b), as long as:
(1) the boiler or pressure vessel continues to be insured;
(2) the boiler or pressure vessel continues to be inspected in accordance with the
inspection schedule in sections 326B.958 and 326B.96; and
(3) the person owning or operating the boiler or pressure vessel has an unexpired
certificate of registration.

ARTICLE 3

OBSOLETE AND REDUNDANT STATUTES

    Section 1. Minnesota Statutes 2012, section 182.6553, subdivision 1, is amended to read:
    Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
Every licensed health care facility in the state shall adopt a written safe patient handling
policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
manual lifting of patients by nurses and other direct patient care workers by utilizing
safe patient handling equipment.
    (b) The program shall address:
    (1) assessment of hazards with regard to patient handling;
    (2) the acquisition of an adequate supply of appropriate safe patient handling
equipment;
    (3) initial and ongoing training of nurses and other direct patient care workers on
the use of this equipment;
    (4) procedures to ensure that physical plant modifications and major construction
projects are consistent with program goals; and
    (5) periodic evaluations of the safe patient handling program.

    Sec. 2. Minnesota Statutes 2012, section 182.6553, subdivision 2, is amended to read:
    Subd. 2. Safe patient handling committee. (a) By July 1, 2008, Every licensed
health care facility in the state shall establish a safe patient handling committee either by
creating a new committee or assigning the functions of a safe patient handling committee
to an existing committee.
    (b) Membership of a safe patient handling committee or an existing committee must
meet the following requirements:
    (1) at least half the members shall be nonmanagerial nurses and other direct patient
care workers; and
    (2) in a health care facility where nurses and other direct patient care workers
are covered by a collective bargaining agreement, the union shall select the committee
members proportionate to its representation of nonmanagerial workers, nurses, and other
direct patient care workers.
    (c) A health care organization with more than one covered health care facility may
establish a committee at each facility or one committee to serve this function for all the
facilities. If the organization chooses to have one overall committee for multiple facilities,
at least half of the members of the overall committee must be nonmanagerial nurses and
other direct patient care workers and each facility must be represented on the committee.
    (d) Employees who serve on a safe patient handling committee must be compensated
by their employer for all hours spent on committee business.

    Sec. 3. Minnesota Statutes 2012, section 184.21, subdivision 4, is amended to read:
    Subd. 4. Applicant. The term "applicant," except when used to describe an
applicant for an employment agency or counselor's license, means any person, whether
employed or unemployed, seeking or entering into any arrangement for employment or
change of employment through the medium or service of an employment agency.

    Sec. 4. Minnesota Statutes 2012, section 184.24, subdivision 1, is amended to read:
    Subdivision 1. Generally. It is the duty of the department to administer the
provisions of sections 184.21 to 184.40. The commissioner shall have power to compel
the attendance of witnesses by the issuance of subpoenas, administer oaths, and to take
testimony and proofs concerning all matters within its jurisdiction. The department shall
affix an official seal to all certificates or licenses granted, and shall make all rules not
inconsistent with law needed in performing its duties.

    Sec. 5. Minnesota Statutes 2012, section 184.41, is amended to read:
184.41 VIOLATIONS.
Any person who engages in the business of or acts as an employment agent or
counselor without first procuring a license as required by section 184.22, and any
employment agent, manager, or counselor who violates the provisions of this chapter is
guilty of a misdemeanor.
In addition to the penalties for commission of a misdemeanor, the department may
bring an action for an injunction against any person who engages in the business of or
acts as an employment agent or counselor without first procuring the license required
under section 184.22, and against any employment agent, manager, or counselor who
violates the applicable provisions of this chapter. If an agency, manager, or counselor is
found guilty of a misdemeanor in any action relevant to the operation of an agency, the
department may suspend or revoke the license of the agency, manager, or counselor.

    Sec. 6. Minnesota Statutes 2012, section 326B.092, subdivision 3, is amended to read:
    Subd. 3. Late fee. The department must receive a complete application for license
renewal by the renewal deadline but not more than 90 days before the renewal deadline
prior to the license expiration date. If the department receives a renewal application after
the expiration of the license, then the renewal application must be accompanied by a late
fee equal to one-half of the license renewal fee; except that, for the purpose of calculating
the late fee only, the license renewal fee shall not include any contractor recovery fund fee
required by section 326B.89, subdivision 3.

    Sec. 7. Minnesota Statutes 2012, section 326B.092, subdivision 7, is amended to read:
    Subd. 7. License fees and license renewal fees. (a) The license fee for each
license is the base license fee plus any applicable board fee, continuing education fee, and
contractor recovery fund fee and additional assessment, as set forth in this subdivision.
(b) For purposes of this section, "license duration" means the number of years for
which the license is issued except that:
(1) if the initial license is not issued for a whole number of years, the license duration
shall be rounded up to the next whole number; and.
(2) if the department receives an application for license renewal after the renewal
deadline, license duration means the number of years for which the renewed license would
have been issued if the renewal application had been submitted on time and all other
requirements for renewal had been met.
(c) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license duration. The base
license fee shall be:

	License Classification	License Duration
		1 Year	2 Years	3 Years
	Entry level	$10	$20	$30
	Journeyman	$20	$40	$60
	Master	$40	$80	$120
	Business	$90	$180	$270

(d) If there is a continuing education requirement for renewal of the license, then
a continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; $20 if the renewal license duration is two years; and $30 if the renewal license
duration is three years.
(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
326B.93 , then a board fee must be included in the license fee and the renewal license fee.
The board fee for all license classifications shall be: $4 if the license duration is one year;
$8 if the license duration is two years; and $12 if the license duration is three years.
(f) If the application is for the renewal of a license issued under sections 326B.802
to 326B.885, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, and any additional assessment required under section 326B.89, subdivision
16 , must be included in the license renewal fee.

    Sec. 8. Minnesota Statutes 2012, section 326B.094, subdivision 3, is amended to read:
    Subd. 3. Deadline for avoiding license expiration. The department must receive
a complete application to renew a license no later than the renewal deadline license
expiration date. If the department does not receive a complete application by the renewal
deadline license expiration date, the license may expire before the department has either
approved or denied the renewal application.

    Sec. 9. Minnesota Statutes 2012, section 326B.106, subdivision 4, is amended to read:
    Subd. 4. Special requirements. (a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.
    (b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.
    (c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.
    (d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.
    (e) Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of dwellings constructed in accordance
with the International Residential Code as adopted as part of the State Building Code
applies to family and group family day care homes licensed by the Department of Human
Services under Minnesota Rules, chapter 9502.
    (f) Enclosed stairways. No provision of the code or any appendix chapter of the
code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.
    (g) Double cylinder dead bolt locks. No provision of the code or appendix chapter
of the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.
    (h) Relocated residential buildings. A residential building relocated within or
into a political subdivision of the state need not comply with the State Energy Code or
section 326B.439 provided that, where available, an energy audit is conducted on the
relocated building.
    (i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.
    (j) Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
    (k) (j) Exterior wood decks, patios, and balconies. The code must permit the
decking surface and upper portions of exterior wood decks, patios, and balconies to be
constructed of (1) heartwood from species of wood having natural resistance to decay or
termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
species of wood having natural resistance to decay or termites, including redwood and
cedars, or (3) treated wood. The species and grades of wood products used to construct the
decking surface and upper portions of exterior decks, patios, and balconies must be made
available to the building official on request before final construction approval.
    (l) (k) Bioprocess piping and equipment. No permit fee for bioprocess piping may
be imposed by municipalities under the State Building Code, except as required under
section 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section
326B.92 administered by the Department of Labor and Industry. All data regarding the
material production processes, including the bioprocess system's structural design and
layout, are nonpublic data as provided by section 13.7911.
    (m) (l) Use of ungraded lumber. The code must allow the use of ungraded lumber
in geographic areas of the state where the code did not generally apply as of April 1, 2008,
to the same extent that ungraded lumber could be used in that area before April 1, 2008.
(n) (m) Window cleaning safety. The code must require the installation of dedicated
anchorages for the purpose of suspended window cleaning on (1) new buildings four
stories or greater; and (2) buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary structural
components of the roof.
The commissioner may waive all or a portion of the requirements of this paragraph
related to reconstruction, alteration, or repair, if the installation of dedicated anchorages
would not result in significant safety improvements due to limits on the size of the project,
or other factors as determined by the commissioner.

    Sec. 10. Minnesota Statutes 2012, section 326B.106, subdivision 7, is amended to read:
    Subd. 7. Window fall prevention device code. The commissioner of labor and
industry shall adopt rules for window fall prevention devices as part of the State Building
Code. Window fall prevention devices include, but are not limited to, safety screens,
hardware, guards, and other devices that comply with the standards established by the
commissioner of labor and industry. The rules shall require compliance with standards
for window fall prevention devices developed by ASTM International, contained in the
International Building Code as the model language with amendments deemed necessary to
coordinate with the other adopted building codes in Minnesota. The rules shall establish a
scope that includes the applicable building occupancies, and the types, locations, and sizes
of windows that will require the installation of fall devices. The rules will be effective July
1, 2009. The commissioner shall report to the legislature on the status of the rulemaking
on or before February 15, 2008.

    Sec. 11. Minnesota Statutes 2012, section 326B.109, subdivision 2, is amended to read:
    Subd. 2. Application. This section applies only to a place of public accommodation
for which construction, or alterations exceeding 50 percent of the estimated replacement
value of the existing facility, begins after July 1, 1995 occurs.

    Sec. 12. Minnesota Statutes 2012, section 326B.135, subdivision 4, is amended to read:
    Subd. 4. Effective date. Effective January 1, 2008, All construction inspectors
hired on or after January 1, 2008, shall, within one year of hire, be in compliance with the
competency criteria established according to subdivision 1.

    Sec. 13. Minnesota Statutes 2012, section 326B.194, is amended to read:
326B.194 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR
BUILDINGS.
The state of Minnesota ratifies and approves the following compact: Interstate
Industrialized Buildings Commission's Interstate Compact as amended by Laws 1990,
chapter 458, section 2; Laws 1995, chapter 254, article 4, section 1; and Laws 2007,
chapter 140, article 4, section 61, and article 13, section 4, on industrialized/modular
buildings and incorporates the compact by reference. A copy of the compact must be
available to the public.

INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS

ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
(a) Industrialized/modular buildings are constructed in factories in the various states
and are a growing segment of the nation's affordable housing and commercial building
stock.
(b) The regulation of industrialized/modular buildings varies from state to state and
locality to locality, which creates confusion and burdens state and local building officials
and the industrialized/modular building industry.
(c) Regulation by multiple jurisdictions imposes additional costs, which are
ultimately borne by the owners and users of industrialized/modular buildings, restricts
market access and discourages the development and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
(a) Provide the states which regulate the design and construction of
industrialized/modular buildings with a program to coordinate and uniformly adopt and
administer the states' rules and regulations for such buildings, all in a manner to assure
interstate reciprocity.
(b) Provide to the United States Congress assurances that would preclude the need
for a voluntary preemptive federal regulatory system for modular housing, as outlined
in Section 572 of the Housing and Community Development Act of 1987, including
development of model standards for modular housing construction, such that design and
performance will insure quality, durability and safety; will be in accordance with life-cycle
cost-effective energy conservation standards; all to promote the lowest total construction
and operating costs over the life of such housing.

ARTICLE II

DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(1) "Commission" means the Interstate Industrialized/Modular Buildings
Commission.
(2) "Industrialized/modular building" means any building which is of closed
construction, i.e. constructed in such a manner that concealed parts or processes of
manufacture cannot be inspected at the site, without disassembly, damage or destruction,
and which is made or assembled in manufacturing facilities, off the building site, for
installation, or assembly and installation, on the building site. "Industrialized/modular
building" includes, but is not limited to, modular housing which is factory-built
single-family and multifamily housing (including closed wall panelized housing) and
other modular, nonresidential buildings. "Industrialized/modular building" does not
include any structure subject to the requirements of the National Manufactured Home
Construction and Safety Standards Act of 1974.
(3) "Interim reciprocal agreement" means a formal reciprocity agreement
between a noncompacting state wherein the noncompacting state agrees that labels
evidencing compliance with the model rules and regulations for industrialized/modular
buildings, as authorized in Article VIII, section (9), shall be accepted by the state and
its subdivisions to permit installation and use of industrialized/modular buildings.
Further, the noncompacting state agrees that by legislation or regulation, and appropriate
enforcement by uniform administrative procedures, the noncompacting state requires all
industrialized/modular building manufacturers within that state to comply with the model
rules and regulations for industrialized/modular buildings.
(4) "State" means a state of the United States, territory or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
(5) "Uniform administrative procedures" means the procedures adopted by the
commission (after consideration of any recommendations from the rules development
committee) which state and local officials, and other parties, in one state, will utilize
to assure state and local officials, and other parties, in other states, of the substantial
compliance of industrialized/modular building construction with the construction standard
of requirements of such other states; to assess the adequacy of building systems; and to
verify and assure the competency and performance of evaluation and inspection agencies.
(6) "Model rules and regulations for industrialized/modular buildings" means
the construction standards adopted by the commission (after consideration of any
recommendations from the rules development committee) which govern the design,
manufacture, handling, storage, delivery and installation of industrialized/modular
buildings and building components. The construction standards and any amendments
thereof shall conform insofar as practicable to model building codes and referenced
standards generally accepted and in use throughout the United States.

ARTICLE III

CREATION OF COMMISSION
The compacting states hereby create the Interstate Industrialized/Modular Buildings
Commission, hereinafter called commission. Said commission shall be a body corporate
of each compacting state and an agency thereof. The commission shall have all the powers
and duties set forth herein and such additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting states.

ARTICLE IV

SELECTION OF COMMISSIONERS
The commission shall be selected as follows. As each state becomes a compacting
state, one resident shall be appointed as commissioner. The commissioner shall be
selected by the governor of the compacting state, being designated from the state agency
charged with regulating industrialized/modular buildings or, if such state agency does not
exist, being designated from among those building officials with the most appropriate
responsibilities in the state. The commissioner may designate another official as an
alternate to act on behalf of the commissioner at commission meetings which the
commissioner is unable to attend.
Each state commissioner shall be appointed, suspended, or removed and shall
serve subject to and in accordance with the laws of the state which said commissioner
represents; and each vacancy occurring shall be filled in accordance with the laws of the
state wherein the vacancy exists.
For every three state commissioners that have been appointed in the manner
described, those state commissioners shall select one additional commissioner who shall be
a representative of manufacturers of residential- or commercial-use industrialized/modular
buildings. For every six state commissioners that have been appointed in the manner
described, the state commissioners shall select one additional commissioner who shall
be a representative of consumers of industrialized/modular buildings. In the event states
withdraw from the compact or, for any other reason, the number of state commissioners is
reduced, the state commissioners shall remove the last added representative commissioner
as necessary to maintain the ratio of state commissioners to representative commissioners
described herein.
Upon a majority vote of the state commissioners, the state commissioners may
remove, fill a vacancy created by, or replace any representative commissioner, provided
that any replacement is made from the same representative group and the ratio described
herein is maintained. Unless provided otherwise, the representative commissioners have
the same authority and responsibility as the state commissioners.
In addition, the commission may have as a member one commissioner representing
the United States government if federal law authorizes such representation. Such
commissioner shall not vote on matters before the commission. Such commissioner shall
be appointed by the President of the United States, or in such other manner as may be
provided by Congress.

ARTICLE V

VOTING
Each commissioner (except the commissioner representing the United States
government) shall be entitled to one vote on the commission. A majority of the
commissioners shall constitute a quorum for the transaction of business. Any business
transacted at any meeting of the commission must be by affirmative vote of a majority of
the quorum present and voting.

ARTICLE VI

ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its members, a chairman, a vice
chairman and a treasurer. The commission shall also select a secretariat, which shall
provide an individual who shall serve as secretary of the commission. The commission
shall fix and determine the duties and compensation of the secretariat. The commissioners
shall serve without compensation, but shall be reimbursed for their actual and necessary
expenses from the funds of the commission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations for the conduct of
its business, and shall have the power to amend and rescind these bylaws, rules, and
regulations.
The commission shall establish and maintain an office at the same location as the
office maintained by the secretariat for the transaction of its business and may meet at any
time, but in any event must meet at least once a year. The chairman may call additional
meetings and upon the request of a majority of the commissioners of three or more of the
compacting states shall call an additional meeting.
The commission annually shall make the governor and legislature of each
compacting state a report covering its activities for the preceding year. Any donation or
grant accepted by the commission or services borrowed shall be reported in the annual
report of the commission and shall include the nature, amount and conditions, if any, of
the donation, gift, grant or services borrowed and the identity of the donor or lender. The
commission may make additional reports as it may deem desirable.

ARTICLE VII

COMMITTEES
The commission will establish such committees as it deems necessary, including,
but not limited to, the following:
(1) An executive committee which functions when the full commission is not
meeting, as provided in the bylaws of the commission. The executive committee will
ensure that proper procedures are followed in implementing the commission's programs
and in carrying out the activities of the compact. The executive committee shall be elected
by vote of the commission. It shall be comprised of at least three and no more than nine
commissioners, selected from the state commissioners and one member of the industry
commissioners and one member of the consumer commissioners.
(2) A rules development committee appointed by the commission. The committee
shall be consensus-based and consist of not less than seven nor more than 21 members.
Committee members will include state building regulatory officials; manufacturers of
industrialized/modular buildings; private, third-party inspection agencies; and consumers.
This committee may recommend procedures which state and local officials, and other
parties, in one state, may utilize to assure state and local officials, and other parties, in
other states, of the substantial compliance of industrialized/modular building construction
with the construction standard requirements of such other states; to assess the adequacy
of building systems; and to verify and assure the competency and performance of
evaluation and inspection agencies. This committee may also recommend construction
standards for the design, manufacture, handling, storage, delivery and installation of
industrialized/modular buildings and building components. The committee will submit
its recommendations to the commission, for the commission's consideration in adopting
and amending the uniform administrative procedures and the model rules and regulations
for industrialized/modular buildings. The committee may also review the regulatory
programs of the compacting states to determine whether those programs are consistent
with the uniform administrative procedures or the model rules and regulations for
industrialized/modular buildings and may make recommendations concerning the states'
programs to the commission. In carrying out its functions, the rules committee may
conduct public hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical committees, membership on
which may include private persons, public officials, associations or organizations. Such
committees may consider any matter of concern to the commission.
(4) Such additional committees as the commission's bylaws may provide.

ARTICLE VIII

POWER AND AUTHORITY
In addition to the powers conferred elsewhere in this compact, the commission
shall have power to:
(1) Collect, analyze and disseminate information relating to industrialized/modular
buildings.
(2) Undertake studies of existing laws, codes, rules and regulations, and
administrative practices of the states relating to industrialized/modular buildings.
(3) Assist and support committees and organizations which promulgate, maintain
and update model codes or recommendations for uniform administrative procedures or
model rules and regulations for industrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures and model rules and
regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purpose of bringing such
states' laws, codes, rules and regulations and administrative practices into conformance
with the uniform administrative procedures or the model rules and regulations for
industrialized/modular buildings, provided that such recommendations shall be made to
the appropriate state agency with due consideration for the desirability of uniformity
while also giving appropriate consideration to special circumstances which may justify
variations necessary to meet unique local conditions.
(6) Assist and support the compacting states with monitoring of plan review
programs and inspection programs, which will assure that the compacting states have the
benefit of uniform industrialized/modular building plan review and inspection programs.
(7) Assist and support organizations which train state and local government and
other program personnel in the use of uniform industrialized/modular building plan
review and inspection programs.
(8) Encourage and promote coordination of state regulatory action relating to
manufacturers, public or private inspection programs.
(9) Create and sell labels to be affixed to industrialized/modular building units,
constructed in or regulated by compacting states, where such labels will evidence
compliance with the model rules and regulations for industrialized/modular buildings,
enforced in accordance with the uniform administrative procedures. The commission may
use receipts from the sale of labels to help defray the operating expenses of the commission.
(10) Assist and support compacting states' investigations into and resolutions of
consumer complaints which relate to industrialized/modular buildings constructed in one
compacting state and sited in another compacting state.
(11) Borrow, accept or contract for the services of personnel from any state or the
United States or any subdivision or agency thereof, from any interstate agency, or from
any institution, association, person, firm or corporation.
(12) Accept for any of its purposes and functions under this compact any and all
donations, and grants of money, equipment, supplies, materials and services (conditional
or otherwise) from any state or the United States or any subdivision or agency thereof,
from any interstate agency, or from any institution, person, firm or corporation, and may
receive, utilize and dispose of the same.
(13) Establish and maintain such facilities as may be necessary for the transacting of
its business. The commission may acquire, hold, and convey real and personal property
and any interest therein.
(14) Enter into contracts and agreements, including but not limited to, interim
reciprocal agreements with noncompacting states.

ARTICLE IX

FINANCE
The commission shall submit to the governor or designated officer or officers of each
compacting state a budget of its estimated expenditures for such period as may be required
by the laws of that state for presentation to the legislature thereof.
Each of the commission's budgets of estimated expenditures shall contain specific
recommendations of the amounts to be appropriated by each of the compacting states.
The total amount of appropriations requested under any such budget shall be apportioned
among the compacting states as follows: one-half in equal shares; one-fourth among the
compacting states in accordance with the ratio of their populations to the total population
of the compacting states, based on the last decennial federal census; and one-fourth among
the compacting states in accordance with the ratio of industrialized/modular building units
manufactured in each state to the total of all units manufactured in all of the compacting
states.
The commission shall not pledge the credit of any compacting state. The commission
may meet any of its obligations in whole or in part with funds available to it by donations,
grants, or sale of labels: provided that the commission takes specific action setting aside
such funds prior to incurring any obligation to be met in whole or in part in such manner.
Except where the commission makes use of funds available to it by donations, grants or
sale of labels, the commission shall not incur any obligation prior to the allotment of funds
by the compacting states adequate to meet the same.
The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission shall be subject to the audit and
accounting procedures established under its bylaws. All receipts and disbursements of
funds handled by the commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of the annual
report of the commission.
The accounts of the commission shall be open at any reasonable time for inspection
by duly constituted officers of the compacting states and any person authorized by the
commission.
Nothing contained in this article shall be construed to prevent commission
compliance relating to audit or inspection of accounts by or on behalf of any government
contributing to the support of the commission.

ARTICLE X

ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law by any three states.
Thereafter, this compact shall become effective as to any other state upon its enactment
thereof. The commission shall arrange for notification of all compacting states whenever
there is a new enactment of the compact.
Any compacting state may withdraw from this compact by enacting a statute
repealing the same. No withdrawal shall affect any liability already incurred by or
chargeable to a compacting state prior to the time of such withdrawal.

ARTICLE XI

RECIPROCITY
If the commission determines that the standards for industrialized/modular buildings
prescribed by statute, rule or regulation of compacting state are at least equal to the
commission's model rules and regulations for industrialized/modular buildings, and
that such state standards are enforced by the compacting state in accordance with the
uniform administrative procedures, industrialized/modular buildings approved by such a
compacting state shall be deemed to have been approved by all the compacting states for
placement in those states in accordance with procedures prescribed by the commission.

ARTICLE XII

EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or local court or administrative
officer or body with respect to any person, corporation or other entity or subject matter,
except to the extent that such jurisdiction pursuant to this compact, is expressly conferred
upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of the United States.

ARTICLE XIII

CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this compact shall be severable and if any phrase, clause, sentence
or provision of this compact is declared to be contrary to the constitution of any state
or of the United States or the applicability thereof to any government, agency, person
or circumstances is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the state affected as to all severable matters.

    Sec. 14. REPEALER.
    Subdivision 1. Department; administration. Minnesota Statutes 2012, sections
175.006, subdivision 1; 175.08; 175.14; and 175.26, are repealed.
    Subd. 2. Labor standards. Minnesota Statutes 2012, sections 181.12; and
181.9435, subdivision 2, are repealed.
    Subd. 3. Fee employment agencies. (a) Minnesota Statutes 2012, sections 184.22,
subdivision 1; 184.25; 184.26; 184.27; 184.28; 184.29; 184.30, subdivision 1; 184.32;
184.33; 184.34; 184.35; 184.36; 184.38, subdivisions 2, 16, and 17; and 184.40, are
repealed.
(b) Minnesota Rules, parts 5200.0510; 5200.0520; 5200.0530; 5200.0540;
5200.0550; 5200.0560; 5200.0570; 5200.0750; and 5200.0760, are repealed.
    Subd. 4. Construction codes and licensing. Minnesota Statutes 2012, sections
326B.091, subdivision 6; 326B.106, subdivision 10; 326B.169; and 326B.181, are
repealed.
    Subd. 5. Municipal rights, powers, duties. Minnesota Statutes 2012, sections
471.465; 471.466; 471.467; and 471.468, are repealed.

ARTICLE 4

CONFORMING CHANGES

    Section 1. Minnesota Statutes 2013 Supplement, section 177.27, subdivision 4, is
amended to read:
    Subd. 4. Compliance orders. The commissioner may issue an order requiring
an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031,
181.032 , 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.275, subdivision
2a , 181.722, and 181.79, or with any rule promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections 177.41
to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation
is repeated if at any time during the two years that preceded the date of violation, the
commissioner issued an order to the employer for violation of sections 177.41 to 177.435
and the order is final or the commissioner and the employer have entered into a settlement
agreement that required the employer to pay back wages that were required by sections
177.41 to 177.435. The department shall serve the order upon the employer or the
employer's authorized representative in person or by certified mail at the employer's place
of business. An employer who wishes to contest the order must file written notice of
objection to the order with the commissioner within 15 calendar days after being served
with the order. A contested case proceeding must then be held in accordance with sections
14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer
fails to file a written notice of objection with the commissioner, the order becomes a
final order of the commissioner.

    Sec. 2. Minnesota Statutes 2012, section 181.171, subdivision 1, is amended to read:
    Subdivision 1. Civil action; damages. A person may bring a civil action seeking
redress for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10,
181.101 , 181.11, 181.12, 181.13, 181.14, 181.145, and 181.15 directly to district court.
An employer who is found to have violated the above sections is liable to the aggrieved
party for the civil penalties or damages provided for in the section violated. An employer
who is found to have violated the above sections shall also be liable for compensatory
damages and other appropriate relief including but not limited to injunctive relief.

    Sec. 3. Minnesota Statutes 2012, section 326B.139, is amended to read:
326B.139 APPEALS.
A person aggrieved by the final decision of any local or state level board of appeals as
to the application of the code, including any rules adopted under sections 471.465 to section
471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant
shall submit a nonrefundable fee of $70, payable to the commissioner, with the request for
appeal. An appeal must be heard as a contested case under chapter 14. The commissioner
shall submit written findings to the parties. The party not prevailing shall pay the costs of
the contested case hearing, including fees charged by the Office of Administrative Hearings
and the expense of transcript preparation. Costs under this section do not include attorney
fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with
chapter 14. For the purpose of this section "any person aggrieved" includes the Council on
Disability. No fee or costs shall be required when the council on disability is the appellant.

    Sec. 4. REPEALER.
Minnesota Statutes 2012, section 609B.137, is repealed.