Bill Text: MN SF656 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Construction codes housekeeping changes; combative sports modifications; manufactured home sales license regulations expansion
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-02-28 - Comm report: To pass as amended and re-refer to Finance [SF656 Detail]
Download: Minnesota-2013-SF656-Engrossed.html
1.2relating to labor and industry; making housekeeping changes related to
1.3construction codes and licensing, and combative sports; regulating licenses for
1.4manufactured home sales;amending Minnesota Statutes 2012, sections 116J.70,
1.5subdivision 2a; 326B.081, subdivision 3; 326B.082, subdivision 11; 326B.093,
1.6subdivision 4; 326B.101; 326B.103, subdivision 11; 326B.121, subdivision 1;
1.7326B.31, by adding a subdivision; 326B.43, subdivision 2; 326B.89, subdivision
1.81; 327B.04, subdivision 4; 341.21, subdivision 3a; 341.221; 341.27; 341.29;
1.9341.30, subdivision 4; 341.32, subdivision 2; repealing Minnesota Statutes 2012,
1.10section 326B.978, subdivision 4.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 116J.70, subdivision 2a, is amended to read:
1.15 Subd. 2a. License; exceptions. "Business license" or "license" does not include
1.16the following:
1.17(1) any occupational license or registration issued by a licensing board listed in
1.18section214.01 or any occupational registration issued by the commissioner of health
1.19pursuant to section214.13 ;
1.20(2) any license issued by a county, home rule charter city, statutory city, township, or
1.21other political subdivision;
1.22(3) any license required to practice the following occupation regulated by the
1.23following sections:
1.24(i) abstracters regulated pursuant to chapter 386;
1.25(ii) accountants regulated pursuant to chapter 326A;
1.26(iii) adjusters regulated pursuant to chapter 72B;
2.1(iv) architects regulated pursuant to chapter 326;
2.2(v) assessors regulated pursuant to chapter 270;
2.3(vi) athletic trainers regulated pursuant to chapter 148;
2.4(vii) attorneys regulated pursuant to chapter 481;
2.5(viii) auctioneers regulated pursuant to chapter 330;
2.6(ix) barbers and cosmetologists regulated pursuant to chapter 154;
2.7(x) boiler operators regulated pursuant to chapter183 326B;
2.8(xi) chiropractors regulated pursuant to chapter 148;
2.9(xii) collection agencies regulated pursuant to chapter 332;
2.10(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
2.11to chapter 150A;
2.12(xiv) detectives regulated pursuant to chapter 326;
2.13(xv) electricians regulated pursuant to chapter326 326B;
2.14(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
2.15(xvii) engineers regulated pursuant to chapter 326;
2.16(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
2.17(xix) certified interior designers regulated pursuant to chapter 326;
2.18(xx) midwives regulated pursuant to chapter 147D;
2.19(xxi) nursing home administrators regulated pursuant to chapter 144A;
2.20(xxii) optometrists regulated pursuant to chapter 148;
2.21(xxiii) osteopathic physicians regulated pursuant to chapter 147;
2.22(xxiv) pharmacists regulated pursuant to chapter 151;
2.23(xxv) physical therapists regulated pursuant to chapter 148;
2.24(xxvi) physician assistants regulated pursuant to chapter 147A;
2.25(xxvii) physicians and surgeons regulated pursuant to chapter 147;
2.26(xxviii) plumbers regulated pursuant to chapter326 326B;
2.27(xxix) podiatrists regulated pursuant to chapter 153;
2.28(xxx) practical nurses regulated pursuant to chapter 148;
2.29(xxxi) professional fund-raisers regulated pursuant to chapter 309;
2.30(xxxii) psychologists regulated pursuant to chapter 148;
2.31(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
2.3282 and 83;
2.33(xxxiv) registered nurses regulated pursuant to chapter 148;
2.34(xxxv) securities brokers, dealers, agents, and investment advisers regulated
2.35pursuant to chapter 80A;
2.36(xxxvi) steamfitters regulated pursuant to chapter326 326B;
3.1(xxxvii) teachers and supervisory and support personnel regulated pursuant to
3.2chapter 125;
3.3(xxxviii) veterinarians regulated pursuant to chapter 156;
3.4(xxxix) water conditioning contractors and installers regulated pursuant to chapter
3.5326 326B;
3.6(xl) water well contractors regulated pursuant to chapter 103I;
3.7(xli) water and waste treatment operators regulated pursuant to chapter 115;
3.8(xlii) motor carriers regulated pursuant to chapter 221;
3.9(xliii) professional firms regulated under chapter 319B;
3.10(xliv) real estate appraisers regulated pursuant to chapter 82B;
3.11(xlv) residential building contractors, residential remodelers, residential roofers,
3.12manufactured home installers, and specialty contractors regulated pursuant to chapter
3.13326 326B;
3.14(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
3.15(4) any driver's license required pursuant to chapter 171;
3.16(5) any aircraft license required pursuant to chapter 360;
3.17(6) any watercraft license required pursuant to chapter 86B;
3.18(7) any license, permit, registration, certification, or other approval pertaining to a
3.19regulatory or management program related to the protection, conservation, or use of or
3.20interference with the resources of land, air, or water, which is required to be obtained
3.21from a state agency or instrumentality; and
3.22(8) any pollution control rule or standard established by the Pollution Control
3.23Agency or any health rule or standard established by the commissioner of health or any
3.24licensing rule or standard established by the commissioner of human services.
3.25 Sec. 2. Minnesota Statutes 2012, section 326B.082, subdivision 11, is amended to read:
3.26 Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
3.27deny an application for a permit, license, registration, or certificate if the applicant does
3.28not meet or fails to maintain the minimum qualifications for holding the permit, license,
3.29registration, or certificate, or has any unresolved violations or unpaid fees or monetary
3.30penalties related to the activity for which the permit, license, registration, or certificate has
3.31been applied for or was issued.
3.32 (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
3.33person's permit, license, registration, or certificate, or censure the person holding the
3.34permit, license, registration, or certificate, if the commissioner finds that the person:
3.35 (1) committed one or more violations of the applicable law;
4.1 (2) submitted false or misleading information to the state in connection with
4.2activities for which the permit, license, registration, or certificate was issued, or in
4.3connection with the application for the permit, license, registration, or certificate;
4.4 (3) allowed the alteration or use of the person's own permit, license, registration,
4.5or certificate by another person;
4.6 (4) within the previous five years, was convicted of a crime in connection with
4.7activities for which the permit, license, registration, or certificate was issued;
4.8 (5) violated: (i) a final administrative order issued under subdivision 7or, (ii) a final
4.9stop order issued under subdivision 10,or (iii) injunctive relief issued under subdivision 9,
4.10or (iv) a consent order or final order of the commissioner;
4.11 (6) failed to cooperate with a commissioner's request to give testimony, to produce
4.12documents, things, apparatus, devices, equipment, or materials, or to access property
4.13under subdivision 2;
4.14 (7) retaliated in any manner against any employee or person who is questioned by,
4.15cooperates with, or provides information to the commissioner or an employee or agent
4.16authorized by the commissioner who seeks access to property or things under subdivision 2;
4.17 (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
4.18 (9) performed work in connection with the permit, license, registration, or
4.19certificate or conducted the person's affairs in a manner that demonstrates incompetence,
4.20untrustworthiness, or financial irresponsibility.
4.21 (c) If the commissioner revokes or denies a person's permit, license, registration,
4.22or certificate under paragraph (b), the person is prohibited from reapplying for the same
4.23type of permit, license, registration, or certificate for at least two years after the effective
4.24date of the revocation or denial. The commissioner may, as a condition of reapplication,
4.25require the person to obtain a bond or comply with additional reasonable conditions the
4.26commissioner considers necessary to protect the public.
4.27 (d) If a permit, license, registration, or certificate expires, or is surrendered,
4.28withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
4.29institute a proceeding under this subdivision within two years after the permit, license,
4.30registration, or certificate was last effective and enter a revocation or suspension order as
4.31of the last date on which the permit, license, registration, or certificate was in effect.
4.32 Sec. 3. Minnesota Statutes 2012, section 326B.093, subdivision 4, is amended to read:
4.33 Subd. 4. Examination results. If the applicant receives a passing score on the
4.34examination and meets all other requirements for licensure, the commissioner must
4.35approve the application and notify the applicant of the approval within 60 days of the
5.1date of the passing score. The applicant must, within90 180 days after the notification
5.2of approval, pay the license fee. Upon receipt of the license fee, the commissioner must
5.3issue the license. If the applicant does not pay the license fee within90 180 days after
5.4the notification of approval, the commissioner will rescind the approval and must deny
5.5the application. If the applicant does not receive a passing score on the examination,
5.6the commissioner must deny the application. If the application is denied because of the
5.7applicant's failure to receive a passing score on the examination, then the applicant cannot
5.8submit a new application for the license until at least 30 days after the notification of denial.
5.9 Sec. 4. Minnesota Statutes 2012, section 326B.101, is amended to read:
5.10326B.101 POLICY AND PURPOSE.
5.11The State Building Code governs the construction, reconstruction, alteration,and
5.12 repair, and use of buildings and other structures to which the code is applicable. The
5.13commissioner shall administer and amend a state code of building construction which will
5.14provide basic and uniform performance standards, establish reasonable safeguards for
5.15health, safety, welfare, comfort, and security of the residents of this state and provide for
5.16the use of modern methods, devices, materials, and techniques which will in part tend to
5.17lower construction costs. The construction of buildings should be permitted at the least
5.18possible cost consistent with recognized standards of health and safety.
5.19 Sec. 5. Minnesota Statutes 2012, section 326B.103, subdivision 11, is amended to read:
5.20 Subd. 11. Public building. "Public building" means a building and its grounds the
5.21cost of which is paid for by the state or a state agency regardless of its cost, and a school
5.22district building project or charter school building project the cost of which is $100,000
5.23or more.
5.24 Sec. 6. Minnesota Statutes 2012, section 326B.121, subdivision 1, is amended to read:
5.25 Subdivision 1. Application. (a) The State Building Code is the standard that applies
5.26statewide for the construction, reconstruction, alteration,and repair, and use of buildings
5.27and other structures of the type governed by the code.
5.28(b) The State Building Code supersedes the building code of any municipality.
5.29(c) The State Building Code does not apply to agricultural buildings except:
5.30(1) with respect to state inspections required or rulemaking authorized by sections
5.31103F.141
;
216C.19, subdivision 9 ; and
326B.36 ; and
5.32(2) translucent panels or other skylights without raised curbs shall be supported to
5.33have equivalent load-bearing capacity as the surrounding roof.
6.1 Sec. 7. Minnesota Statutes 2012, section 326B.31, is amended by adding a subdivision
6.2to read:
6.3 Subd. 26a. Request for inspection. "Request for inspection" means the application
6.4for and issuance of a permit for an electrical installation that is required to be inspected
6.5under section 326B.36.
6.6 Sec. 8. Minnesota Statutes 2012, section 326B.43, subdivision 2, is amended to read:
6.7 Subd. 2. Agreement with municipality. The commissioner may enter into an
6.8agreement with a municipality, in which the municipality agrees to perform plan and
6.9specification reviews required to be performed by the commissioner under Minnesota
6.10Rules, part 4715.3130, if:
6.11 (a) the municipality has adopted:
6.12 (1) the plumbing code;
6.13 (2) an ordinance that requires plumbing plans and specifications to be submitted to,
6.14reviewed, and approved by the municipality, except as provided in paragraph (n);
6.15 (3) an ordinance that authorizes the municipality to perform inspections required by
6.16the plumbing code; and
6.17 (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
6.18entirety, except as provided in paragraph (p);
6.19 (b) the municipality agrees to review plumbing plans and specifications for all
6.20construction for which the plumbing code requires the review of plumbing plans and
6.21specifications, except as provided in paragraph (n);
6.22 (c) the municipality agrees that, when it reviews plumbing plans and specifications
6.23under paragraph (b), the review will:
6.24 (1) reflect the degree to which the plans and specifications affect the public health
6.25and conform to the provisions of the plumbing code;
6.26 (2) ensure that there is no physical connection between water supply systems that
6.27are safe for domestic use and those that are unsafe for domestic use; and
6.28 (3) ensure that there is no apparatus through which unsafe water may be discharged
6.29or drawn into a safe water supply system;
6.30 (d) the municipality agrees to perform all inspections required by the plumbing
6.31code in connection with projects for which the municipality reviews plumbing plans and
6.32specifications under paragraph (b);
6.33 (e) the commissioner determines that the individuals who will conduct the inspections
6.34and the plumbing plan and specification reviews for the municipality do not have any
6.35conflict of interest in conducting the inspections and the plan and specification reviews;
7.1 (f) individuals who will conduct the plumbing plan and specification reviews for
7.2the municipality are:
7.3 (1) licensed master plumbers;
7.4 (2) licensed professional engineers; or
7.5 (3) individuals who are working under the supervision of a licensed professional
7.6engineer or licensed master plumber and who are licensed master or journeyman plumbers
7.7or hold a postsecondary degree in engineering;
7.8 (g) individuals who will conduct the plumbing plan and specification reviews for
7.9the municipality have passed a competency assessment required by the commissioner to
7.10assess the individual's competency at reviewing plumbing plans and specifications;
7.11 (h) individuals who will conduct the plumbing inspections for the municipality
7.12are licensed master or journeyman plumbers, or inspectors meeting the competency
7.13requirements established in rules adopted under section326B.135 ;
7.14 (i) the municipality agrees to enforce in its entirety the plumbing code on all
7.15projects, except as provided in paragraph (p);
7.16 (j) the municipality agrees to keep official records of all documents received,
7.17including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
7.18and certificates issued, reports of inspections, and notices issued in connection with
7.19plumbing inspections and the review of plumbing plans and specifications;
7.20 (k) the municipality agrees to maintain the records described in paragraph (j) in the
7.21official records of the municipality for the period required for the retention of public
7.22records under section138.17 , and shall make these records readily available for review at
7.23the request of the commissioner;
7.24 (l) the municipality and the commissioner agree that if at any time during the
7.25agreement the municipality does not have in effect the plumbing code or any of ordinances
7.26described in paragraph (a), or if the commissioner determines that the municipality is not
7.27properly administering and enforcing the plumbing code or is otherwise not complying
7.28with the agreement:
7.29 (1) the commissioner may, effective 14 days after the municipality's receipt of
7.30written notice, terminate the agreement;
7.31 (2) the municipality may challenge the termination in a contested case before the
7.32commissioner pursuant to the Administrative Procedure Act; and
7.33 (3) while any challenge is pending under clause (2), the commissioner shall perform
7.34plan and specification reviews within the municipality under Minnesota Rules, part
7.354715.3130;
8.1 (m) the municipality and the commissioner agree that the municipality may terminate
8.2the agreement with or without cause on 90 days' written notice to the commissioner;
8.3 (n) the municipality and the commissioner agree that the municipality shall forward
8.4to the state for review all plumbing plans and specifications for the following types of
8.5projects within the municipality:
8.6 (1)hospitals, nursing homes, supervised living facilities licensed for eight or
8.7more individuals, and similar health-care-related facilities regulated by the Minnesota
8.8Department of Health state-licensed facilities as defined in section 326B.103, subdivision
8.913;
8.10 (2)buildings owned by the federal or state government public buildings as defined
8.11in section 326B.103, subdivision 11; and
8.12 (3) projects of a special nature for which department review is requested by either
8.13the municipality or the state;
8.14 (o) where the municipality forwards to the state for review plumbing plans and
8.15specifications, as provided in paragraph (n), the municipality shall not collect any fee for
8.16plan review, and the commissioner shall collect all applicable fees for plan review; and
8.17 (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
8.18license issued by the state.
8.19 Sec. 9. Minnesota Statutes 2012, section 326B.89, subdivision 1, is amended to read:
8.20 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
8.21have the meanings given them.
8.22 (b) "Gross annual receipts" means the total amount derived from residential
8.23contracting or residential remodeling activities, regardless of where the activities are
8.24performed, and must not be reduced by costs of goods sold, expenses, losses, or any
8.25other amount.
8.26 (c) "Licensee" means a person licensed as a residential contractor or residential
8.27remodeler.
8.28 (d) "Residential real estate" means a new or existing building constructed for
8.29habitation by one to four families, and includes detached garages.
8.30 (e) "Fund" means the contractor recovery fund.
8.31(f) "Owner" when used in connection with real property, meansa person an
8.32individual who has any legal or equitable interest in real propertyand includes or
8.33 a condominium or townhome association that owns common property located in a
8.34condominium building or townhome building or an associated detached garage. Owner
8.35does not include any real estate developer or any other legal or commercial entity.
9.1 Sec. 10. REPEALER.
9.2Minnesota Statutes 2012, section 326B.978, subdivision 4, is repealed.
9.5 Section 1. Minnesota Statutes 2012, section 326B.081, subdivision 3, is amended to
9.6read:
9.7 Subd. 3. Applicable law. "Applicable law" means the provisions of sections
9.8181.723
,
325E.66 ,
327.31 to
327.36 , and this chapter, and chapter 341, and all rules,
9.9orders, stipulation agreements, settlements, compliance agreements, licenses, registrations,
9.10certificates, and permits adopted, issued, or enforced by the department under sections
9.11181.723, 325E.66, 327.31
to
327.36 , or this chapter, or chapter 341.
9.12 Sec. 2. Minnesota Statutes 2012, section 341.21, subdivision 3a, is amended to read:
9.13 Subd. 3a. Commissioner. "Commissioner" means the commissioner of labor
9.14and industry or a duly designated representative of the commissioner who is either an
9.15employee of the Department of Labor and Industry or a person working under contract
9.16with the department.
9.17 Sec. 3. Minnesota Statutes 2012, section 341.221, is amended to read:
9.18341.221 ADVISORY COUNCIL.
9.19(a) The commissioner must appoint a Combative Sports Advisory Council to advise
9.20the commissioner on the administration of duties under this chapter.
9.21(b) The council shall have nine members appointed by the commissioner. One
9.22member must be a retired judge of the Minnesota District Court, Minnesota Court of
9.23Appeals, Minnesota Supreme Court, the United States District Court for the District of
9.24Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
9.25knowledge of the boxing industry. At least four members must have knowledge of the
9.26mixed martial arts industry. The commissioner shall make serious efforts to appoint
9.27qualified women to serve on the council.
9.28(c) Council members shall serve terms of four years with the terms ending on the
9.29first Monday in January.
9.30(d) The council shall annually elect from its membership a chair.
10.1(e)The commissioner shall convene the first meeting of the council by July 1, 2012.
10.2The council shall elect a chair at its first meeting. Thereafter, Meetings shall be convened
10.3by the commissioner, or by the chair with the approval of the commissioner.
10.4(f)For the first appointments to the council, the commissioner shall appoint the
10.5members currently serving on the Combative Sports Commission established under
10.6section
341.22, to the council. The commissioner shall designate two of the members to
10.7serve until the first Monday in January 2013; two members to serve until the first Monday
10.8in January 2014; two members to serve until the first Monday in January 2015; and three
10.9members to serve until the first Monday in January 2016.
10.10(g) Removal of members, filling of vacancies, and compensation of members shall
10.11be as provided in section15.059 .
10.12 Sec. 4. Minnesota Statutes 2012, section 341.27, is amended to read:
10.13341.27 COMMISSIONER DUTIES.
10.14 The commissioner shall:
10.15 (1) issue, deny, renew, suspend, or revoke licenses;
10.16 (2) make and maintain records of its acts and proceedings including the issuance,
10.17denial, renewal, suspension, or revocation of licenses;
10.18 (3) keep public records of the council open to inspection at all reasonable times;
10.19 (4) develop rules to be implemented under this chapter;
10.20 (5) conform to the rules adopted under this chapter;
10.21 (6) develop policies and procedures for regulating boxing and mixed martial arts;and
10.22 (7) immediately suspend an individual license for a medical condition, including but
10.23not limited to a medical condition resulting from an injury sustained during a match, bout,
10.24or contest that has been confirmed by the ringside physician. The medical suspension must
10.25be lifted after the commissioner receives written information from a physician licensed in
10.26the home state of the licensee indicating that the combatant may resume competition, and
10.27any other information that the commissioner may by rule require. Medical suspensions
10.28are not subject to section214.10. 326B.082 or the contested case procedures provided
10.29in sections 14.57 to 14.69; and
10.30 (8) immediately suspend an individual combatant license for a mandatory rest period,
10.31which must commence at the conclusion of every combative sports contest in which the
10.32license holder competes and does not receive a medical suspension. A rest suspension
10.33must automatically lift after seven calendar days from the date the combative sports
10.34contest passed without notice or additional proceedings. Rest suspensions are not subject
10.35to section 326B.082 or the contested case procedures provided in sections 14.57 to 14.69.
11.1 Sec. 5. Minnesota Statutes 2012, section 341.29, is amended to read:
11.2341.29 JURISDICTION OF COMMISSIONER.
11.3 The commissioner shall:
11.4 (1) have sole direction, supervision, regulation, control, and jurisdiction over all
11.5combative sport contests that are held within this state unless a contest is exempt from the
11.6application of this chapter under federal law;
11.7 (2) have sole control, authority, and jurisdiction over all licenses required by this
11.8chapter;and
11.9 (3) grant a license to an applicant if, in the judgment of the commissioner, the
11.10financial responsibility, experience, character, and general fitness of the applicant are
11.11consistent with the public interest, convenience, or necessity and the best interests of
11.12combative sports and conforms with this chapter and the commissioner's rules.; and
11.13 (4) deny, suspend, or revoke a license using the enforcement provisions of section
11.14326B.082.
11.15 Sec. 6. Minnesota Statutes 2012, section 341.30, subdivision 4, is amended to read:
11.16 Subd. 4. Prelicensure requirements. (a) Before the commissioner issues a license
11.17to a promoter, corporation, or other business entity, the applicant shall:
11.18 (1) provide the commissioner with a copy of any agreement between a combatant
11.19and the applicant that binds the applicant to pay the combatant a certain fixed fee or
11.20percentage of the gate receipts;
11.21 (2) show on the application the owner or owners of the applicant entity and the
11.22percentage of interest held by each owner holding a 25 percent or more interest in the
11.23applicant;
11.24 (3) provide the commissioner with a copy of the latest financial statement of the
11.25entity; and
11.26 (4) provide the commissioner with a copy or other proof acceptable to the
11.27commissioner of the insurance contract or policy required by this chapter.
11.28 (b) Before the commissioner issues a license to a promoter, the applicant shall
11.29deposit with the commissioner a cash bond or surety bond in an amount set by the
11.30commissioner, which must not be less than $10,000. The bond shall be executed in favor
11.31of this state and shall be conditioned on the faithful performance by the promoter of the
11.32promoter's obligations under this chapter and the rules adopted under it. An applicant for a
11.33license as a promoter and licensed promoters shall submit an application for each event a
11.34minimum of six weeks before the combative sport contest is scheduled to occur.
12.1 (c) Before the commissioner issues a license to a combatant, the applicant shall
12.2submit to the commissioner:
12.3 (1) a mixed martial arts combatant national identification number or federal boxing
12.4identification number that is unique to the applicant, or both; and
12.5 (2) the results of a current medical examination on forms furnished or approved
12.6by the commissioner. The medical examination must include an ophthalmological and
12.7neurological examination, and documentation of test results for HBV, HCV, and HIV, and
12.8any other blood test as the commissioner by rule may require. The ophthalmological
12.9examination must be designed to detect any retinal defects or other damage or condition
12.10of the eye that could be aggravated by combative sports. The neurological examination
12.11must include an electroencephalogram or medically superior test if the combatant has
12.12been knocked unconscious in a previous contest. The commissioner may also order an
12.13electroencephalogram or other appropriate neurological or physical examination before
12.14any contest if it determines that the examination is desirable to protect the health of the
12.15combatant. The commissioner shall not issue a license to an applicant submitting positive
12.16test results for HBV, HCV, or HIV.
12.17 Sec. 7. Minnesota Statutes 2012, section 341.32, subdivision 2, is amended to read:
12.18 Subd. 2. Expiration and renewal.A license issued after July 1, 2007, is valid for
12.19one year from the date it is issued and Licenses expire annually on December 31, and may
12.20be renewed by filing an application for renewal with the commissioner and payment of the
12.21license fees established in section341.321 . An application for a license and renewal of a
12.22license must be on a form provided by the commissioner. There is a 30-day grace period
12.23during which a license may be renewed if a late filing penalty fee equal to the license fee
12.24is submitted with the regular license fee. A licensee that files late shall not conduct any
12.25activity regulated by this chapter until the commissioner has renewed the license. If the
12.26licensee fails to apply to the commissioner within the 30-day grace period, the licensee
12.27must apply for a new license under subdivision 1.
12.30 Section 1. Minnesota Statutes 2012, section 327B.04, subdivision 4, is amended to read:
12.31 Subd. 4. License prerequisites. No application shall be granted nor license issued
12.32until the applicant proves to the commissioner that:
12.33 (a) the applicant has a permanent, established place of business at each licensed
12.34location. An "established place of business" means a permanent enclosed building other
13.1than a residence, or a commercial office space, either owned by the applicant or leased by
13.2the applicant for a term of at least one year, located in an area where zoning regulations
13.3allow commercial activity, and where the books, records and files necessary to conduct
13.4the business are kept and maintained. The owner of a licensed manufactured home park
13.5who resides in or adjacent to the park may use the residence as the established place of
13.6business required by this subdivision, unless prohibited by local zoning ordinance.
13.7 If a license is granted, the licensee may use unimproved lots and premises for sale,
13.8storage, and display of manufactured homes, if the licensee first notifies the commissioner
13.9in writing;
13.10 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
13.11homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
13.12of the new manufactured home it proposes to deal in;
13.13 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each
13.14agency and each subagency location that bears the applicant's name and the name under
13.15which the applicant will be licensed and do business in this state. Each bond is for the
13.16protection of consumer customers, and must be executed by the applicant as principal and
13.17issued by a surety company admitted to do business in this state. Each bond shall be
13.18exclusively for the purpose of reimbursing consumer customers and shall be conditioned
13.19upon the faithful compliance by the applicant with all of the laws and rules of this state
13.20pertaining to the applicant's business as a dealer or manufacturer, including sections
13.21325D.44
,
325F.67 and
325F.69 , and upon the applicant's faithful performance of all its
13.22legal obligations to consumer customers; and (2) a certificate of liability insurance in
13.23the amount of $1,000,000 that provides aggregate coverage for the agency and each
13.24subagency location. In the event of a policy cancellation, the insurer shall send written
13.25notice to the commissioner at the same time that a cancellation request is received from
13.26or a notice is sent to the insured;
13.27 (d) the applicant has established a trust account as required by section327B.08,
13.28subdivision 3 , unless the applicant states in writing its intention to limit its business to
13.29selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
13.30 (e) the applicant has provided evidence of having had at least two years' prior
13.31experience in the sale of manufactured homes, working for a licensed dealer. The applicant
13.32does not have to satisfy the two-year prior experience requirement if the applicant:
13.33 (1) has met all other licensing requirements;
13.34 (2) is the owner of a manufactured home park; and
13.35 (3) is selling new manufactured homes installed in the manufactured home park
13.36that the applicant owns.
1.3construction codes and licensing, and combative sports; regulating licenses for
1.4manufactured home sales;amending Minnesota Statutes 2012, sections 116J.70,
1.5subdivision 2a; 326B.081, subdivision 3; 326B.082, subdivision 11; 326B.093,
1.6subdivision 4; 326B.101; 326B.103, subdivision 11; 326B.121, subdivision 1;
1.7326B.31, by adding a subdivision; 326B.43, subdivision 2; 326B.89, subdivision
1.81; 327B.04, subdivision 4; 341.21, subdivision 3a; 341.221; 341.27; 341.29;
1.9341.30, subdivision 4; 341.32, subdivision 2; repealing Minnesota Statutes 2012,
1.10section 326B.978, subdivision 4.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 116J.70, subdivision 2a, is amended to read:
1.15 Subd. 2a. License; exceptions. "Business license" or "license" does not include
1.16the following:
1.17(1) any occupational license or registration issued by a licensing board listed in
1.18section
1.19pursuant to section
1.20(2) any license issued by a county, home rule charter city, statutory city, township, or
1.21other political subdivision;
1.22(3) any license required to practice the following occupation regulated by the
1.23following sections:
1.24(i) abstracters regulated pursuant to chapter 386;
1.25(ii) accountants regulated pursuant to chapter 326A;
1.26(iii) adjusters regulated pursuant to chapter 72B;
2.1(iv) architects regulated pursuant to chapter 326;
2.2(v) assessors regulated pursuant to chapter 270;
2.3(vi) athletic trainers regulated pursuant to chapter 148;
2.4(vii) attorneys regulated pursuant to chapter 481;
2.5(viii) auctioneers regulated pursuant to chapter 330;
2.6(ix) barbers and cosmetologists regulated pursuant to chapter 154;
2.7(x) boiler operators regulated pursuant to chapter
2.8(xi) chiropractors regulated pursuant to chapter 148;
2.9(xii) collection agencies regulated pursuant to chapter 332;
2.10(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
2.11to chapter 150A;
2.12(xiv) detectives regulated pursuant to chapter 326;
2.13(xv) electricians regulated pursuant to chapter
2.14(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
2.15(xvii) engineers regulated pursuant to chapter 326;
2.16(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
2.17(xix) certified interior designers regulated pursuant to chapter 326;
2.18(xx) midwives regulated pursuant to chapter 147D;
2.19(xxi) nursing home administrators regulated pursuant to chapter 144A;
2.20(xxii) optometrists regulated pursuant to chapter 148;
2.21(xxiii) osteopathic physicians regulated pursuant to chapter 147;
2.22(xxiv) pharmacists regulated pursuant to chapter 151;
2.23(xxv) physical therapists regulated pursuant to chapter 148;
2.24(xxvi) physician assistants regulated pursuant to chapter 147A;
2.25(xxvii) physicians and surgeons regulated pursuant to chapter 147;
2.26(xxviii) plumbers regulated pursuant to chapter
2.27(xxix) podiatrists regulated pursuant to chapter 153;
2.28(xxx) practical nurses regulated pursuant to chapter 148;
2.29(xxxi) professional fund-raisers regulated pursuant to chapter 309;
2.30(xxxii) psychologists regulated pursuant to chapter 148;
2.31(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
2.3282 and 83;
2.33(xxxiv) registered nurses regulated pursuant to chapter 148;
2.34(xxxv) securities brokers, dealers, agents, and investment advisers regulated
2.35pursuant to chapter 80A;
2.36(xxxvi) steamfitters regulated pursuant to chapter
3.1(xxxvii) teachers and supervisory and support personnel regulated pursuant to
3.2chapter 125;
3.3(xxxviii) veterinarians regulated pursuant to chapter 156;
3.4(xxxix) water conditioning contractors and installers regulated pursuant to chapter
3.5
3.6(xl) water well contractors regulated pursuant to chapter 103I;
3.7(xli) water and waste treatment operators regulated pursuant to chapter 115;
3.8(xlii) motor carriers regulated pursuant to chapter 221;
3.9(xliii) professional firms regulated under chapter 319B;
3.10(xliv) real estate appraisers regulated pursuant to chapter 82B;
3.11(xlv) residential building contractors, residential remodelers, residential roofers,
3.12manufactured home installers, and specialty contractors regulated pursuant to chapter
3.13
3.14(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
3.15(4) any driver's license required pursuant to chapter 171;
3.16(5) any aircraft license required pursuant to chapter 360;
3.17(6) any watercraft license required pursuant to chapter 86B;
3.18(7) any license, permit, registration, certification, or other approval pertaining to a
3.19regulatory or management program related to the protection, conservation, or use of or
3.20interference with the resources of land, air, or water, which is required to be obtained
3.21from a state agency or instrumentality; and
3.22(8) any pollution control rule or standard established by the Pollution Control
3.23Agency or any health rule or standard established by the commissioner of health or any
3.24licensing rule or standard established by the commissioner of human services.
3.25 Sec. 2. Minnesota Statutes 2012, section 326B.082, subdivision 11, is amended to read:
3.26 Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
3.27deny an application for a permit, license, registration, or certificate if the applicant does
3.28not meet or fails to maintain the minimum qualifications for holding the permit, license,
3.29registration, or certificate, or has any unresolved violations or unpaid fees or monetary
3.30penalties related to the activity for which the permit, license, registration, or certificate has
3.31been applied for or was issued.
3.32 (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
3.33person's permit, license, registration, or certificate, or censure the person holding the
3.34permit, license, registration, or certificate, if the commissioner finds that the person:
3.35 (1) committed one or more violations of the applicable law;
4.1 (2) submitted false or misleading information to the state in connection with
4.2activities for which the permit, license, registration, or certificate was issued, or in
4.3connection with the application for the permit, license, registration, or certificate;
4.4 (3) allowed the alteration or use of the person's own permit, license, registration,
4.5or certificate by another person;
4.6 (4) within the previous five years, was convicted of a crime in connection with
4.7activities for which the permit, license, registration, or certificate was issued;
4.8 (5) violated: (i) a final administrative order issued under subdivision 7
4.9stop order issued under subdivision 10,
4.10or (iv) a consent order or final order of the commissioner;
4.11 (6) failed to cooperate with a commissioner's request to give testimony, to produce
4.12documents, things, apparatus, devices, equipment, or materials, or to access property
4.13under subdivision 2;
4.14 (7) retaliated in any manner against any employee or person who is questioned by,
4.15cooperates with, or provides information to the commissioner or an employee or agent
4.16authorized by the commissioner who seeks access to property or things under subdivision 2;
4.17 (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
4.18 (9) performed work in connection with the permit, license, registration, or
4.19certificate or conducted the person's affairs in a manner that demonstrates incompetence,
4.20untrustworthiness, or financial irresponsibility.
4.21 (c) If the commissioner revokes or denies a person's permit, license, registration,
4.22or certificate under paragraph (b), the person is prohibited from reapplying for the same
4.23type of permit, license, registration, or certificate for at least two years after the effective
4.24date of the revocation or denial. The commissioner may, as a condition of reapplication,
4.25require the person to obtain a bond or comply with additional reasonable conditions the
4.26commissioner considers necessary to protect the public.
4.27 (d) If a permit, license, registration, or certificate expires, or is surrendered,
4.28withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
4.29institute a proceeding under this subdivision within two years after the permit, license,
4.30registration, or certificate was last effective and enter a revocation or suspension order as
4.31of the last date on which the permit, license, registration, or certificate was in effect.
4.32 Sec. 3. Minnesota Statutes 2012, section 326B.093, subdivision 4, is amended to read:
4.33 Subd. 4. Examination results. If the applicant receives a passing score on the
4.34examination and meets all other requirements for licensure, the commissioner must
4.35approve the application and notify the applicant of the approval within 60 days of the
5.1date of the passing score. The applicant must, within
5.2of approval, pay the license fee. Upon receipt of the license fee, the commissioner must
5.3issue the license. If the applicant does not pay the license fee within
5.4the notification of approval, the commissioner will rescind the approval and must deny
5.5the application. If the applicant does not receive a passing score on the examination,
5.6the commissioner must deny the application. If the application is denied because of the
5.7applicant's failure to receive a passing score on the examination, then the applicant cannot
5.8submit a new application for the license until at least 30 days after the notification of denial.
5.9 Sec. 4. Minnesota Statutes 2012, section 326B.101, is amended to read:
5.10326B.101 POLICY AND PURPOSE.
5.11The State Building Code governs the construction, reconstruction, alteration,
5.12 repair, and use of buildings and other structures to which the code is applicable. The
5.13commissioner shall administer and amend a state code of building construction which will
5.14provide basic and uniform performance standards, establish reasonable safeguards for
5.15health, safety, welfare, comfort, and security of the residents of this state and provide for
5.16the use of modern methods, devices, materials, and techniques which will in part tend to
5.17lower construction costs. The construction of buildings should be permitted at the least
5.18possible cost consistent with recognized standards of health and safety.
5.19 Sec. 5. Minnesota Statutes 2012, section 326B.103, subdivision 11, is amended to read:
5.20 Subd. 11. Public building. "Public building" means a building and its grounds the
5.21cost of which is paid for by the state or a state agency regardless of its cost, and a school
5.22district building project or charter school building project the cost of which is $100,000
5.23or more.
5.24 Sec. 6. Minnesota Statutes 2012, section 326B.121, subdivision 1, is amended to read:
5.25 Subdivision 1. Application. (a) The State Building Code is the standard that applies
5.26statewide for the construction, reconstruction, alteration,
5.27and other structures of the type governed by the code.
5.28(b) The State Building Code supersedes the building code of any municipality.
5.29(c) The State Building Code does not apply to agricultural buildings except:
5.30(1) with respect to state inspections required or rulemaking authorized by sections
5.32(2) translucent panels or other skylights without raised curbs shall be supported to
5.33have equivalent load-bearing capacity as the surrounding roof.
6.1 Sec. 7. Minnesota Statutes 2012, section 326B.31, is amended by adding a subdivision
6.2to read:
6.3 Subd. 26a. Request for inspection. "Request for inspection" means the application
6.4for and issuance of a permit for an electrical installation that is required to be inspected
6.5under section 326B.36.
6.6 Sec. 8. Minnesota Statutes 2012, section 326B.43, subdivision 2, is amended to read:
6.7 Subd. 2. Agreement with municipality. The commissioner may enter into an
6.8agreement with a municipality, in which the municipality agrees to perform plan and
6.9specification reviews required to be performed by the commissioner under Minnesota
6.10Rules, part 4715.3130, if:
6.11 (a) the municipality has adopted:
6.12 (1) the plumbing code;
6.13 (2) an ordinance that requires plumbing plans and specifications to be submitted to,
6.14reviewed, and approved by the municipality, except as provided in paragraph (n);
6.15 (3) an ordinance that authorizes the municipality to perform inspections required by
6.16the plumbing code; and
6.17 (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
6.18entirety, except as provided in paragraph (p);
6.19 (b) the municipality agrees to review plumbing plans and specifications for all
6.20construction for which the plumbing code requires the review of plumbing plans and
6.21specifications, except as provided in paragraph (n);
6.22 (c) the municipality agrees that, when it reviews plumbing plans and specifications
6.23under paragraph (b), the review will:
6.24 (1) reflect the degree to which the plans and specifications affect the public health
6.25and conform to the provisions of the plumbing code;
6.26 (2) ensure that there is no physical connection between water supply systems that
6.27are safe for domestic use and those that are unsafe for domestic use; and
6.28 (3) ensure that there is no apparatus through which unsafe water may be discharged
6.29or drawn into a safe water supply system;
6.30 (d) the municipality agrees to perform all inspections required by the plumbing
6.31code in connection with projects for which the municipality reviews plumbing plans and
6.32specifications under paragraph (b);
6.33 (e) the commissioner determines that the individuals who will conduct the inspections
6.34and the plumbing plan and specification reviews for the municipality do not have any
6.35conflict of interest in conducting the inspections and the plan and specification reviews;
7.1 (f) individuals who will conduct the plumbing plan and specification reviews for
7.2the municipality are:
7.3 (1) licensed master plumbers;
7.4 (2) licensed professional engineers; or
7.5 (3) individuals who are working under the supervision of a licensed professional
7.6engineer or licensed master plumber and who are licensed master or journeyman plumbers
7.7or hold a postsecondary degree in engineering;
7.8 (g) individuals who will conduct the plumbing plan and specification reviews for
7.9the municipality have passed a competency assessment required by the commissioner to
7.10assess the individual's competency at reviewing plumbing plans and specifications;
7.11 (h) individuals who will conduct the plumbing inspections for the municipality
7.12are licensed master or journeyman plumbers, or inspectors meeting the competency
7.13requirements established in rules adopted under section
7.14 (i) the municipality agrees to enforce in its entirety the plumbing code on all
7.15projects, except as provided in paragraph (p);
7.16 (j) the municipality agrees to keep official records of all documents received,
7.17including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
7.18and certificates issued, reports of inspections, and notices issued in connection with
7.19plumbing inspections and the review of plumbing plans and specifications;
7.20 (k) the municipality agrees to maintain the records described in paragraph (j) in the
7.21official records of the municipality for the period required for the retention of public
7.22records under section
7.23the request of the commissioner;
7.24 (l) the municipality and the commissioner agree that if at any time during the
7.25agreement the municipality does not have in effect the plumbing code or any of ordinances
7.26described in paragraph (a), or if the commissioner determines that the municipality is not
7.27properly administering and enforcing the plumbing code or is otherwise not complying
7.28with the agreement:
7.29 (1) the commissioner may, effective 14 days after the municipality's receipt of
7.30written notice, terminate the agreement;
7.31 (2) the municipality may challenge the termination in a contested case before the
7.32commissioner pursuant to the Administrative Procedure Act; and
7.33 (3) while any challenge is pending under clause (2), the commissioner shall perform
7.34plan and specification reviews within the municipality under Minnesota Rules, part
7.354715.3130;
8.1 (m) the municipality and the commissioner agree that the municipality may terminate
8.2the agreement with or without cause on 90 days' written notice to the commissioner;
8.3 (n) the municipality and the commissioner agree that the municipality shall forward
8.4to the state for review all plumbing plans and specifications for the following types of
8.5projects within the municipality:
8.6 (1)
8.7
8.8
8.913;
8.10 (2)
8.11in section 326B.103, subdivision 11; and
8.12 (3) projects of a special nature for which department review is requested by either
8.13the municipality or the state;
8.14 (o) where the municipality forwards to the state for review plumbing plans and
8.15specifications, as provided in paragraph (n), the municipality shall not collect any fee for
8.16plan review, and the commissioner shall collect all applicable fees for plan review; and
8.17 (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
8.18license issued by the state.
8.19 Sec. 9. Minnesota Statutes 2012, section 326B.89, subdivision 1, is amended to read:
8.20 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
8.21have the meanings given them.
8.22 (b) "Gross annual receipts" means the total amount derived from residential
8.23contracting or residential remodeling activities, regardless of where the activities are
8.24performed, and must not be reduced by costs of goods sold, expenses, losses, or any
8.25other amount.
8.26 (c) "Licensee" means a person licensed as a residential contractor or residential
8.27remodeler.
8.28 (d) "Residential real estate" means a new or existing building constructed for
8.29habitation by one to four families, and includes detached garages.
8.30 (e) "Fund" means the contractor recovery fund.
8.31(f) "Owner" when used in connection with real property, means
8.32individual who has any legal or equitable interest in real property
8.33 a condominium or townhome association that owns common property located in a
8.34condominium building or townhome building or an associated detached garage. Owner
8.35does not include any real estate developer or any other legal or commercial entity.
9.1 Sec. 10. REPEALER.
9.2Minnesota Statutes 2012, section 326B.978, subdivision 4, is repealed.
9.5 Section 1. Minnesota Statutes 2012, section 326B.081, subdivision 3, is amended to
9.6read:
9.7 Subd. 3. Applicable law. "Applicable law" means the provisions of sections
9.9orders, stipulation agreements, settlements, compliance agreements, licenses, registrations,
9.10certificates, and permits adopted, issued, or enforced by the department under sections
9.12 Sec. 2. Minnesota Statutes 2012, section 341.21, subdivision 3a, is amended to read:
9.13 Subd. 3a. Commissioner. "Commissioner" means the commissioner of labor
9.14and industry or a duly designated representative of the commissioner who is either an
9.15employee of the Department of Labor and Industry or a person working under contract
9.16with the department.
9.17 Sec. 3. Minnesota Statutes 2012, section 341.221, is amended to read:
9.18341.221 ADVISORY COUNCIL.
9.19(a) The commissioner must appoint a Combative Sports Advisory Council to advise
9.20the commissioner on the administration of duties under this chapter.
9.21(b) The council shall have nine members appointed by the commissioner. One
9.22member must be a retired judge of the Minnesota District Court, Minnesota Court of
9.23Appeals, Minnesota Supreme Court, the United States District Court for the District of
9.24Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
9.25knowledge of the boxing industry. At least four members must have knowledge of the
9.26mixed martial arts industry. The commissioner shall make serious efforts to appoint
9.27qualified women to serve on the council.
9.28(c) Council members shall serve terms of four years with the terms ending on the
9.29first Monday in January.
9.30(d) The council shall annually elect from its membership a chair.
10.1(e)
10.2
10.3by the commissioner, or by the chair with the approval of the commissioner.
10.4(f)
10.5
10.6
10.7serve until the first Monday in January 2013; two members to serve until the first Monday
10.8in January 2014; two members to serve until the first Monday in January 2015; and three
10.9members to serve until the first Monday in January 2016.
10.10(g) Removal of members, filling of vacancies, and compensation of members shall
10.11be as provided in section
10.12 Sec. 4. Minnesota Statutes 2012, section 341.27, is amended to read:
10.13341.27 COMMISSIONER DUTIES.
10.14 The commissioner shall:
10.15 (1) issue, deny, renew, suspend, or revoke licenses;
10.16 (2) make and maintain records of its acts and proceedings including the issuance,
10.17denial, renewal, suspension, or revocation of licenses;
10.18 (3) keep public records of the council open to inspection at all reasonable times;
10.19 (4) develop rules to be implemented under this chapter;
10.20 (5) conform to the rules adopted under this chapter;
10.21 (6) develop policies and procedures for regulating boxing and mixed martial arts;
10.22 (7) immediately suspend an individual license for a medical condition, including but
10.23not limited to a medical condition resulting from an injury sustained during a match, bout,
10.24or contest that has been confirmed by the ringside physician. The medical suspension must
10.25be lifted after the commissioner receives written information from a physician licensed in
10.26the home state of the licensee indicating that the combatant may resume competition, and
10.27any other information that the commissioner may by rule require. Medical suspensions
10.28are not subject to section
10.29in sections 14.57 to 14.69; and
10.30 (8) immediately suspend an individual combatant license for a mandatory rest period,
10.31which must commence at the conclusion of every combative sports contest in which the
10.32license holder competes and does not receive a medical suspension. A rest suspension
10.33must automatically lift after seven calendar days from the date the combative sports
10.34contest passed without notice or additional proceedings. Rest suspensions are not subject
10.35to section 326B.082 or the contested case procedures provided in sections 14.57 to 14.69.
11.1 Sec. 5. Minnesota Statutes 2012, section 341.29, is amended to read:
11.2341.29 JURISDICTION OF COMMISSIONER.
11.3 The commissioner shall:
11.4 (1) have sole direction, supervision, regulation, control, and jurisdiction over all
11.5combative sport contests that are held within this state unless a contest is exempt from the
11.6application of this chapter under federal law;
11.7 (2) have sole control, authority, and jurisdiction over all licenses required by this
11.8chapter;
11.9 (3) grant a license to an applicant if, in the judgment of the commissioner, the
11.10financial responsibility, experience, character, and general fitness of the applicant are
11.11consistent with the public interest, convenience, or necessity and the best interests of
11.12combative sports and conforms with this chapter and the commissioner's rules
11.13 (4) deny, suspend, or revoke a license using the enforcement provisions of section
11.14326B.082.
11.15 Sec. 6. Minnesota Statutes 2012, section 341.30, subdivision 4, is amended to read:
11.16 Subd. 4. Prelicensure requirements. (a) Before the commissioner issues a license
11.17to a promoter, corporation, or other business entity, the applicant shall:
11.18 (1) provide the commissioner with a copy of any agreement between a combatant
11.19and the applicant that binds the applicant to pay the combatant a certain fixed fee or
11.20percentage of the gate receipts;
11.21 (2) show on the application the owner or owners of the applicant entity and the
11.22percentage of interest held by each owner holding a 25 percent or more interest in the
11.23applicant;
11.24 (3) provide the commissioner with a copy of the latest financial statement of the
11.25entity; and
11.26 (4) provide the commissioner with a copy or other proof acceptable to the
11.27commissioner of the insurance contract or policy required by this chapter.
11.28 (b) Before the commissioner issues a license to a promoter, the applicant shall
11.29deposit with the commissioner a cash bond or surety bond in an amount set by the
11.30commissioner, which must not be less than $10,000. The bond shall be executed in favor
11.31of this state and shall be conditioned on the faithful performance by the promoter of the
11.32promoter's obligations under this chapter and the rules adopted under it. An applicant for a
11.33license as a promoter and licensed promoters shall submit an application for each event a
11.34minimum of six weeks before the combative sport contest is scheduled to occur.
12.1 (c) Before the commissioner issues a license to a combatant, the applicant shall
12.2submit to the commissioner:
12.3 (1) a mixed martial arts combatant national identification number or federal boxing
12.4identification number that is unique to the applicant, or both; and
12.5 (2) the results of a current medical examination on forms furnished or approved
12.6by the commissioner. The medical examination must include an ophthalmological and
12.7neurological examination, and documentation of test results for HBV, HCV, and HIV, and
12.8any other blood test as the commissioner by rule may require. The ophthalmological
12.9examination must be designed to detect any retinal defects or other damage or condition
12.10of the eye that could be aggravated by combative sports. The neurological examination
12.11must include an electroencephalogram or medically superior test if the combatant has
12.12been knocked unconscious in a previous contest. The commissioner may also order an
12.13electroencephalogram or other appropriate neurological or physical examination before
12.14any contest if it determines that the examination is desirable to protect the health of the
12.15combatant. The commissioner shall not issue a license to an applicant submitting positive
12.16test results for HBV, HCV, or HIV.
12.17 Sec. 7. Minnesota Statutes 2012, section 341.32, subdivision 2, is amended to read:
12.18 Subd. 2. Expiration and renewal.
12.19
12.20be renewed by filing an application for renewal with the commissioner and payment of the
12.21license fees established in section
12.22license must be on a form provided by the commissioner. There is a 30-day grace period
12.23during which a license may be renewed if a late filing penalty fee equal to the license fee
12.24is submitted with the regular license fee. A licensee that files late shall not conduct any
12.25activity regulated by this chapter until the commissioner has renewed the license. If the
12.26licensee fails to apply to the commissioner within the 30-day grace period, the licensee
12.27must apply for a new license under subdivision 1.
12.30 Section 1. Minnesota Statutes 2012, section 327B.04, subdivision 4, is amended to read:
12.31 Subd. 4. License prerequisites. No application shall be granted nor license issued
12.32until the applicant proves to the commissioner that:
12.33 (a) the applicant has a permanent, established place of business at each licensed
12.34location. An "established place of business" means a permanent enclosed building other
13.1than a residence, or a commercial office space, either owned by the applicant or leased by
13.2the applicant for a term of at least one year, located in an area where zoning regulations
13.3allow commercial activity, and where the books, records and files necessary to conduct
13.4the business are kept and maintained. The owner of a licensed manufactured home park
13.5who resides in or adjacent to the park may use the residence as the established place of
13.6business required by this subdivision, unless prohibited by local zoning ordinance.
13.7 If a license is granted, the licensee may use unimproved lots and premises for sale,
13.8storage, and display of manufactured homes, if the licensee first notifies the commissioner
13.9in writing;
13.10 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
13.11homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
13.12of the new manufactured home it proposes to deal in;
13.13 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each
13.14agency and each subagency location that bears the applicant's name and the name under
13.15which the applicant will be licensed and do business in this state. Each bond is for the
13.16protection of consumer customers, and must be executed by the applicant as principal and
13.17issued by a surety company admitted to do business in this state. Each bond shall be
13.18exclusively for the purpose of reimbursing consumer customers and shall be conditioned
13.19upon the faithful compliance by the applicant with all of the laws and rules of this state
13.20pertaining to the applicant's business as a dealer or manufacturer, including sections
13.22legal obligations to consumer customers; and (2) a certificate of liability insurance in
13.23the amount of $1,000,000 that provides aggregate coverage for the agency and each
13.24subagency location. In the event of a policy cancellation, the insurer shall send written
13.25notice to the commissioner at the same time that a cancellation request is received from
13.26or a notice is sent to the insured;
13.27 (d) the applicant has established a trust account as required by section
13.28subdivision 3
13.29selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
13.30 (e) the applicant has provided evidence of having had at least two years' prior
13.31experience in the sale of manufactured homes, working for a licensed dealer. The applicant
13.32does not have to satisfy the two-year prior experience requirement if the applicant:
13.33 (1) has met all other licensing requirements;
13.34 (2) is the owner of a manufactured home park; and
13.35 (3) is selling new manufactured homes installed in the manufactured home park
13.36that the applicant owns.
