1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; establishing a biennial budget for the Department of |
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3 | 3 | | 1.3 Labor and Industry, Workers' Compensation Court of Appeals, and Bureau of |
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4 | 4 | | 1.4 Mediation Services; making various policy changes; requiring reports; appropriating |
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5 | 5 | | 1.5 money; amending Minnesota Statutes 2024, sections 177.253, subdivision 1, by |
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6 | 6 | | 1.6 adding a subdivision; 177.254, subdivisions 1, 2, by adding a subdivision; |
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7 | 7 | | 1.7 326B.103, by adding subdivisions; 326B.184, subdivisions 1a, 2; 326B.31, |
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8 | 8 | | 1.8 subdivision 29; 326B.33, subdivision 21; 326B.37, subdivisions 1, 2, 4, 5, 6, 8, 9, |
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9 | 9 | | 1.9 by adding a subdivision; 326B.49, subdivisions 2, 3; 326B.986, subdivision 9; |
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10 | 10 | | 1.10 327.31, by adding subdivisions; 327.32, subdivisions 1a, 1e, 7, 8; 327.33, |
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11 | 11 | | 1.11 subdivisions 1, 2, 2a, 2b, 2c, 3, 7, by adding subdivisions; 327.34, subdivision 1; |
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12 | 12 | | 1.12 327.35, subdivision 1; 327B.01, subdivisions 1, 7, 11a, 19, by adding subdivisions; |
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13 | 13 | | 1.13 327B.03; 327B.04, subdivisions 3, 4, 5, 6, 7, 7a, by adding subdivisions; 327B.041; |
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14 | 14 | | 1.14 327B.042, subdivisions 1, 2; 327B.05, subdivision 1; 327B.06, subdivision 2; |
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15 | 15 | | 1.15 327B.08, subdivision 1; 327B.09, subdivisions 1, 2, 3, 4; 327B.10; 327B.11, |
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16 | 16 | | 1.16 subdivision 1; 327B.12; Laws 2024, chapter 127, article 14, section 3; proposing |
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17 | 17 | | 1.17 coding for new law in Minnesota Statutes, chapter 326B. |
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18 | 18 | | 1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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19 | 19 | | 1.19 ARTICLE 1 |
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20 | 20 | | 1.20 APPROPRIATIONS |
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21 | 21 | | 1.21Section 1. APPROPRIATIONS. |
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22 | 22 | | 1.22 (a) The sums shown in the columns marked "Appropriations" are appropriated to the |
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23 | 23 | | 1.23agencies and for the purposes specified in this article. The appropriations are from the |
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24 | 24 | | 1.24general fund, or another named fund, and are available for the fiscal years indicated for |
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25 | 25 | | 1.25each purpose. The figures "2026" and "2027" used in this article mean that the appropriations |
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26 | 26 | | 1.26listed under them are available for the fiscal year ending June 30, 2026, or June 30, 2027, |
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27 | 27 | | 1.27respectively. "The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The |
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28 | 28 | | 1.28biennium" is fiscal years 2026 and 2027. |
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29 | 29 | | 1Article 1 Section 1. |
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30 | 30 | | REVISOR SS/HL 25-0015903/04/25 |
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31 | 31 | | State of Minnesota |
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32 | 32 | | This Document can be made available |
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33 | 33 | | in alternative formats upon request |
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34 | 34 | | HOUSE OF REPRESENTATIVES |
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35 | 35 | | H. F. No. 2441 |
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36 | 36 | | NINETY-FOURTH SESSION |
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37 | 37 | | Authored by Pinto03/17/2025 |
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38 | 38 | | The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1 (b) If an appropriation in this article is enacted more than once in the 2025 regular or |
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39 | 39 | | 2.2special legislative session, the appropriation must be given effect only once. |
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40 | 40 | | 2.3 APPROPRIATIONS |
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41 | 41 | | 2.4 Available for the Year |
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42 | 42 | | 2.5 Ending June 30 |
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43 | 43 | | 20272.6 2026 |
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44 | 44 | | 2.7Sec. 2. DEPARTMENT OF LABOR AND |
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45 | 45 | | 2.8INDUSTRY |
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46 | 46 | | 51,287,000$54,605,000$2.9Subdivision 1.Total Appropriation |
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47 | 47 | | 2.10 Appropriations by Fund |
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48 | 48 | | 20272.11 2026 |
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49 | 49 | | 7,809,0007,637,0002.12General |
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50 | 50 | | 34,652,00034,776,000 |
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51 | 51 | | 2.13Workers' |
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52 | 52 | | 2.14Compensation |
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53 | 53 | | 8,826,00011,826,000 |
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54 | 54 | | 2.15Workforce |
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55 | 55 | | 2.16Development |
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56 | 56 | | -0-366,000 |
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57 | 57 | | 2.17Family and Medical |
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58 | 58 | | 2.18Benefit |
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59 | 59 | | 2.19The amounts that may be spent for each |
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60 | 60 | | 2.20purpose are specified in the following |
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61 | 61 | | 2.21subdivisions. The workforce development |
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62 | 62 | | 2.22fund base is $6,826,000 in fiscal year 2028 |
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63 | 63 | | 2.23and each year thereafter. |
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64 | 64 | | 9,106,0009,106,0002.24Subd. 2.General Support |
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65 | 65 | | 2.25This appropriation is from the workers' |
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66 | 66 | | 2.26compensation fund. |
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67 | 67 | | 8,861,0009,008,0002.27Subd. 3.Labor Standards |
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68 | 68 | | 2.28 Appropriations by Fund |
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69 | 69 | | 7,165,0006,946,0002.29General |
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70 | 70 | | 1,696,0001,696,000 |
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71 | 71 | | 2.30Workforce |
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72 | 72 | | 2.31Development |
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73 | 73 | | -0-366,000 |
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74 | 74 | | 2.32Family and Medical |
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75 | 75 | | 2.33Benefit |
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76 | 76 | | 2.34(a) $2,046,000 each year is for wage theft |
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77 | 77 | | 2.35prevention. |
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78 | 78 | | 2Article 1 Sec. 2. |
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79 | 79 | | REVISOR SS/HL 25-0015903/04/25 3.1(b) $1,696,000 each year is from the |
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80 | 80 | | 3.2workforce development fund for prevailing |
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81 | 81 | | 3.3wage enforcement. |
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82 | 82 | | 3.4(c) $134,000 each year is for outreach and |
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83 | 83 | | 3.5enforcement efforts related to changes to the |
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84 | 84 | | 3.6nursing mothers, lactating employees, and |
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85 | 85 | | 3.7pregnancy accommodations law. |
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86 | 86 | | 3.8(d) $169,000 each year is for the purposes of |
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87 | 87 | | 3.9the Safe Workplaces for Meat and Poultry |
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88 | 88 | | 3.10Processing Workers Act. |
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89 | 89 | | 3.11(e) $1,899,000 each year is for enforcement |
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90 | 90 | | 3.12and other duties regarding earned sick and safe |
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91 | 91 | | 3.13time under Minnesota Statutes, chapter 177, |
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92 | 92 | | 3.14and sections 181.9445 to 181.9448. |
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93 | 93 | | 3.15(f) $366,000 the first year and $0 the second |
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94 | 94 | | 3.16year are from the family and medical benefit |
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95 | 95 | | 3.17insurance account for the purposes of |
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96 | 96 | | 3.18Minnesota Statutes, chapter 268B. |
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97 | 97 | | 3.19(g) $351,000 the first year and $356,000 the |
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98 | 98 | | 3.20second year are for enforcement, education, |
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99 | 99 | | 3.21and training related to employee |
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100 | 100 | | 3.22misclassification. |
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101 | 101 | | 3.23(h) $123,000 each year is for the purposes of |
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102 | 102 | | 3.24enforcement, education, and outreach |
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103 | 103 | | 3.25regarding Minnesota Statutes, sections |
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104 | 104 | | 3.26181C.02 and 181C.03. |
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105 | 105 | | 17,919,00017,609,0003.27Subd. 4.Workers' Compensation |
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106 | 106 | | 3.28This appropriation is from the workers' |
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107 | 107 | | 3.29compensation fund. |
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108 | 108 | | 7,627,0008,061,0003.30Subd. 5.Workplace Safety |
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109 | 109 | | 3.31This appropriation is from the workers' |
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110 | 110 | | 3.32compensation fund. |
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111 | 111 | | 3Article 1 Sec. 2. |
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112 | 112 | | REVISOR SS/HL 25-0015903/04/25 2,404,0002,404,0004.1Subd. 6.Employment-Based Initiatives |
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113 | 113 | | 4.2 Appropriations by Fund |
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114 | 114 | | 33,00033,0004.3General |
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115 | 115 | | 2,371,0002,371,000 |
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116 | 116 | | 4.4Workforce |
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117 | 117 | | 4.5Development |
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118 | 118 | | 4.6(a) $500,000 each year is from the workforce |
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119 | 119 | | 4.7development fund for the dual-training |
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120 | 120 | | 4.8pipeline program and the identification of |
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121 | 121 | | 4.9competency standards under Minnesota |
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122 | 122 | | 4.10Statutes, section 175.45. |
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123 | 123 | | 4.11(b) $1,500,000 each year is from the |
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124 | 124 | | 4.12workforce development fund for youth skills |
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125 | 125 | | 4.13training grants under Minnesota Statutes, |
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126 | 126 | | 4.14section 175.46. |
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127 | 127 | | 4.15(c) $371,000 each year is from the workforce |
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128 | 128 | | 4.16development fund for administration of the |
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129 | 129 | | 4.17youth skills training grants program under |
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130 | 130 | | 4.18Minnesota Statutes, section 175.46. |
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131 | 131 | | 4.19(d) $33,000 each year is from the general fund |
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132 | 132 | | 4.20to identify occupational competency standards |
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133 | 133 | | 4.21and provide technical assistance for |
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134 | 134 | | 4.22developing dual-training programs under |
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135 | 135 | | 4.23Minnesota Statutes, section 175.45, for the |
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136 | 136 | | 4.24legal cannabis industry. |
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137 | 137 | | 254,000254,0004.25Subd. 7.Combative Sports |
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138 | 138 | | 4,759,0007,759,0004.26Subd. 8.Apprenticeship |
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139 | 139 | | 4.27(a) This appropriation is from the workforce |
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140 | 140 | | 4.28development fund. The base for this |
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141 | 141 | | 4.29appropriation is $2,759,000 in fiscal year 2028 |
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142 | 142 | | 4.30and each year thereafter. |
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143 | 143 | | 4.31(b) $1,000,000 the first year and $1,000,000 |
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144 | 144 | | 4.32the second year are from the workforce |
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145 | 145 | | 4.33development fund for labor education and |
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146 | 146 | | 4Article 1 Sec. 2. |
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147 | 147 | | REVISOR SS/HL 25-0015903/04/25 5.1advancement program grants under Minnesota |
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148 | 148 | | 5.2Statutes, section 178.11. |
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149 | 149 | | 5.3(c) $225,000 the first year and $225,000 the |
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150 | 150 | | 5.4second year are from the workforce |
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151 | 151 | | 5.5development fund for grants to Building |
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152 | 152 | | 5.6Strong Communities for the Helmets to |
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153 | 153 | | 5.7Hardhats Minnesota initiative. Grant money |
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154 | 154 | | 5.8must be used to recruit, retain, assist, and |
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155 | 155 | | 5.9support National Guard, reserve, and active |
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156 | 156 | | 5.10duty military members' and veterans' |
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157 | 157 | | 5.11participation in apprenticeship programs |
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158 | 158 | | 5.12registered with the Department of Labor and |
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159 | 159 | | 5.13Industry and to connect service members and |
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160 | 160 | | 5.14veterans with career training and employment |
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161 | 161 | | 5.15in the building and construction industry. The |
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162 | 162 | | 5.16recruitment, selection, employment, and |
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163 | 163 | | 5.17training must be without discrimination due |
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164 | 164 | | 5.18to race, color, creed, religion, national origin, |
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165 | 165 | | 5.19sex, sexual orientation, marital status, physical |
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166 | 166 | | 5.20or mental disability, receipt of public |
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167 | 167 | | 5.21assistance, or age. |
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168 | 168 | | 5.22(d) $5,000,000 the first year and $2,000,000 |
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169 | 169 | | 5.23the second year are from the workforce |
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170 | 170 | | 5.24development fund for a grant to a labor |
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171 | 171 | | 5.25organization representing educators to |
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172 | 172 | | 5.26establish a statewide registered teacher |
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173 | 173 | | 5.27apprenticeship program and joint |
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174 | 174 | | 5.28apprenticeship training committee. This |
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175 | 175 | | 5.29appropriation is onetime and available until |
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176 | 176 | | 5.30June 30, 2029. Grant money may be used to: |
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177 | 177 | | 5.31(1) fund personnel costs to plan, make |
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178 | 178 | | 5.32operational, and initially administer the |
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179 | 179 | | 5.33statewide program; |
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180 | 180 | | 5.34(2) design and update related instruction for |
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181 | 181 | | 5.35the statewide program in coordination with |
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182 | 182 | | 5Article 1 Sec. 2. |
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183 | 183 | | REVISOR SS/HL 25-0015903/04/25 6.1teacher preparation providers approved by the |
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184 | 184 | | 6.2Professional Educators Licensing and |
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185 | 185 | | 6.3Standards Board; |
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186 | 186 | | 6.4(3) purchase equipment, training materials, |
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187 | 187 | | 6.5and software licenses for apprentice tracking |
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188 | 188 | | 6.6systems for the statewide program; |
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189 | 189 | | 6.7(4) fund marketing costs associated with the |
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190 | 190 | | 6.8recruitment of signatory school districts, |
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191 | 191 | | 6.9journeyworker teachers, and apprentices; and |
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192 | 192 | | 6.10(5) fund subawards to signatory school |
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193 | 193 | | 6.11districts to offset costs for participation in the |
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194 | 194 | | 6.12program. Subawards may be used for: |
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195 | 195 | | 6.13(i) apprentice tuition, scholarships, and other |
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196 | 196 | | 6.14supportive services, up to $30,000 for up to |
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197 | 197 | | 6.1524 months; and |
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198 | 198 | | 6.16(ii) journeyworker teacher stipends of at a |
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199 | 199 | | 6.17minimum $6,000 and up to $10,000 for each |
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200 | 200 | | 6.18apprentice mentored during a school year. |
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201 | 201 | | 6.19Money under this paragraph may not be used |
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202 | 202 | | 6.20to pay for apprentice wages and registered |
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203 | 203 | | 6.21apprentices must not incur any cost for their |
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204 | 204 | | 6.22participation in the apprenticeship program. |
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205 | 205 | | 6.23Notwithstanding any law to the contrary, |
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206 | 206 | | 6.24payments under this section must not be |
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207 | 207 | | 6.25considered income, assets, or personal |
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208 | 208 | | 6.26property for purposes of determining eligibility |
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209 | 209 | | 6.27or recertifying eligibility for aid authorized by |
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210 | 210 | | 6.28Minnesota Statutes, section 136A.1465. |
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211 | 211 | | 357,000404,000 |
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212 | 212 | | 6.29Subd. 9.Nursing Home Workforce Standards |
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213 | 213 | | 6.30Board |
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214 | 214 | | 2,895,000$2,962,000$ |
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215 | 215 | | 6.31Sec. 3. WORKERS' COMPENSATION COURT |
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216 | 216 | | 6.32OF APPEALS |
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217 | 217 | | 6.33This appropriation is from the workers' |
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218 | 218 | | 6.34compensation fund. |
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219 | 219 | | 6Article 1 Sec. 3. |
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220 | 220 | | REVISOR SS/HL 25-0015903/04/25 3,882,000$3,828,000$7.1Sec. 4. BUREAU OF MEDIATION SERVICES |
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221 | 221 | | 7.2$762,000 the first year and $772,000 the |
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222 | 222 | | 7.3second year are for purposes of the Public |
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223 | 223 | | 7.4Employment Relations Board under Minnesota |
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224 | 224 | | 7.5Statutes, section 179A.041. |
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225 | 225 | | 7.6 Sec. 5. Laws 2024, chapter 127, article 14, section 3, is amended to read: |
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226 | 226 | | 225,000$-0-$ |
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227 | 227 | | 7.7Sec. 3. DEPARTMENT OF LABOR AND |
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228 | 228 | | 7.8INDUSTRY |
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229 | 229 | | 7.9This appropriation is for the single-egress |
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230 | 230 | | 7.10stairway apartment building report under |
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231 | 231 | | 7.11article 15, section 46. This is a onetime |
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232 | 232 | | 7.12appropriation and is available until June 30, |
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233 | 233 | | 7.132026. |
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234 | 234 | | 7.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
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235 | 235 | | 7.15 ARTICLE 2 |
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236 | 236 | | 7.16 DEPARTMENT OF LABOR AND INDUSTRY POLICY |
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237 | 237 | | 7.17 Section 1. Minnesota Statutes 2024, section 326B.103, is amended by adding a subdivision |
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238 | 238 | | 7.18to read: |
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239 | 239 | | 7.19 Subd. 4a.Closed construction."Closed construction" means any building manufactured |
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240 | 240 | | 7.20in such a manner that all portions cannot be readily inspected at the installation site without |
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241 | 241 | | 7.21disassembly, damage to, or destruction thereof. |
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242 | 242 | | 7.22 Sec. 2. Minnesota Statutes 2024, section 326B.103, is amended by adding a subdivision |
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243 | 243 | | 7.23to read: |
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244 | 244 | | 7.24 Subd. 8a.Industrialized or modular building."Industrialized or modular building" |
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245 | 245 | | 7.25means a building of closed construction, constructed so that concealed parts or processes |
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246 | 246 | | 7.26of manufacture cannot be inspected at the site, without disassembly, damage, or destruction, |
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247 | 247 | | 7.27and made or assembled in manufacturing facilities, off the building site, for installation, or |
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248 | 248 | | 7.28assembly and installation, on the building site. Industrialized or modular building includes, |
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249 | 249 | | 7.29but is not limited to, modular housing that is factory-built single-family and multifamily |
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250 | 250 | | 7.30housing, including closed-wall-panelized housing, and other modular, nonresidential |
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251 | 251 | | 7.31buildings. Industrialized or modular building does not include a structure subject to the |
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252 | 252 | | 7Article 2 Sec. 2. |
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253 | 253 | | REVISOR SS/HL 25-0015903/04/25 8.1requirements of the National Manufactured Home Construction and Safety Standards Act |
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254 | 254 | | 8.2of 1974 or prefabricated buildings. |
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255 | 255 | | 8.3 Sec. 3. Minnesota Statutes 2024, section 326B.103, is amended by adding a subdivision |
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256 | 256 | | 8.4to read: |
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257 | 257 | | 8.5 Subd. 8b.Manufactured home."Manufactured home" means a structure that is |
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258 | 258 | | 8.6transportable in one or more sections in the traveling mode; is eight body feet or more in |
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259 | 259 | | 8.7width, 40 body feet or more in length or, is 320 or more square feet when erected on site; |
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260 | 260 | | 8.8is built on a permanent chassis and designed to be used as a dwelling with or without a |
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261 | 261 | | 8.9permanent foundation when connected to the required utilities; and includes the plumbing, |
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262 | 262 | | 8.10heating, air conditioning, and electrical systems contained therein. Manufactured home |
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263 | 263 | | 8.11includes any structure that meets all the requirements as shown by the manufacturer |
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264 | 264 | | 8.12voluntarily filing the certification required by the secretary and complies with the standards |
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265 | 265 | | 8.13established under this chapter. |
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266 | 266 | | 8.14 Sec. 4. Minnesota Statutes 2024, section 326B.103, is amended by adding a subdivision |
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267 | 267 | | 8.15to read: |
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268 | 268 | | 8.16 Subd. 10a.Prefabricated building."Prefabricated building" means any building or |
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269 | 269 | | 8.17building module intended for use as an R-3, one- or two-family dwelling, or a U-1 accessory |
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270 | 270 | | 8.18building, that is of closed construction and is constructed on or off the building site for |
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271 | 271 | | 8.19installation, or on the building site for assembly and installation. Prefabricated building |
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272 | 272 | | 8.20does not include relocatable contractors offices or storage buildings that are (1) 1,500 square |
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273 | 273 | | 8.21feet or less in floor area, (2) designed for temporary use by a contractor at a construction |
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274 | 274 | | 8.22site, (3) not to be used by the general public or as a sales office, and (4) to be removed prior |
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275 | 275 | | 8.23to or upon completion of the construction project. |
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276 | 276 | | 8.24 Sec. 5. [326B.154] INDUSTRIALIZED MODULAR OR PREFABRICATED |
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277 | 277 | | 8.25BUILDINGS PLAN REVIEW AND INSPECTION FEES. |
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278 | 278 | | 8.26 Subdivision 1.Plan review fees.(a) The fees under this section relate to plan review |
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279 | 279 | | 8.27and inspection of industrialized or modular buildings as defined in Minnesota Statutes, |
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280 | 280 | | 8.28section 326B.103, subdivision 8a, and prefabricated buildings as defined in Minnesota |
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281 | 281 | | 8.29Statutes, section 326B.103, subdivision 10a. |
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282 | 282 | | 8.30 (b) Fees for the review of quality-control manuals, systems manuals, and related |
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283 | 283 | | 8.31documents submitted as required by section 326B.106 are $125 per hour. |
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284 | 284 | | 8Article 2 Sec. 5. |
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285 | 285 | | REVISOR SS/HL 25-0015903/04/25 9.1 (c) Fees for the review of building plans, specifications, installation instructions, and |
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286 | 286 | | 9.2related documents submitted as required by section 326B.106 include 65 percent of the fee |
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287 | 287 | | 9.3as set forth in the fee schedule in paragraph (d), but not less than $135. |
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288 | 288 | | 9.4 (d) If the total cost of materials and labor for in-plant manufacture of the building is in |
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289 | 289 | | 9.5the noted range, the fee is as shown: |
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290 | 290 | | 9.6 (1) $0 to $5,000, $135; |
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291 | 291 | | 9.7 (2) $5,001 to $25,000, $135 for the first $5,000, plus $16.55 for each additional $1,000 |
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292 | 292 | | 9.8or fraction thereof, to and including $25,000; |
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293 | 293 | | 9.9 (3) $25,001 to $50,000, $464.15 for the first $25,000, plus $12 for each additional $1,000 |
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294 | 294 | | 9.10or fraction thereof, to and including $50,000; |
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295 | 295 | | 9.11 (4) $50,001 to $100,000, $764.15 for the first $50,000, plus $8.45 for each additional |
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296 | 296 | | 9.12$1,000 or fraction thereof, to and including $100,000; |
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297 | 297 | | 9.13 (5) $100,001 to $500,000, $1,186.65 for the first $100,000, plus $6.75 for each additional |
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298 | 298 | | 9.14$1,000 or fraction thereof, to and including $500,000; |
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299 | 299 | | 9.15 (6) $500,001 to $1,000,000, $3,886.65 for the first $500,000, plus $5.50 for each |
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300 | 300 | | 9.16additional $1,000 or fraction thereof, to and including $1,000,000; and |
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301 | 301 | | 9.17 (7) $1,000,001 and over, $6,636.65 for the first $1,000,000, plus $4.50 for each additional |
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302 | 302 | | 9.18$1,000 or fraction thereof. |
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303 | 303 | | 9.19 Subd. 2.Inspections and audit fees.Fees for the inspection and audit of approved |
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304 | 304 | | 9.20quality-control manuals, systems manuals, building plans, specifications, and related |
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305 | 305 | | 9.21documents submitted as required by section 326B.106 are $125 per hour. |
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306 | 306 | | 9.22 Subd. 3.Other inspections and fees.(a) Fees for the following are as stated: |
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307 | 307 | | 9.23 (1) inspections outside of regular business hours, $188 per hour, minimum charge two |
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308 | 308 | | 9.24hours; |
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309 | 309 | | 9.25 (2) reinspection fees during regular business hours, $125 per hour; |
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310 | 310 | | 9.26 (3) inspections for which no fee is specifically indicated, minimum charge one hour, |
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311 | 311 | | 9.27$125 per hour; and |
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312 | 312 | | 9.28 (4) additional plan review required by changes, additions, or revisions to approved plans, |
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313 | 313 | | 9.29quality-control manuals, and systems manuals, minimum charge one hour, $125 per hour. |
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314 | 314 | | 9.30 (b) For the purposes of this section, "regular business hours" means Monday to Friday, |
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315 | 315 | | 9.317:00 a.m. to 5:00 p.m. |
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316 | 316 | | 9Article 2 Sec. 5. |
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317 | 317 | | REVISOR SS/HL 25-0015903/04/25 10.1 Subd. 4.Surcharge.Surcharge fees are required for permits issued on all buildings |
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318 | 318 | | 10.2including public buildings and state-licensed facilities as required by section 326B.148. |
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319 | 319 | | 10.3 Subd. 5.Fee distribution between state and municipalities.(a) The commissioner |
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320 | 320 | | 10.4shall provide plan review and inspections services for all work occurring in the manufacturing |
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321 | 321 | | 10.5facility; plan review of the composite modular construction; and plan review of the structural |
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322 | 322 | | 10.6foundation, interconnection of the modules, attachments of modular systems to the building |
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323 | 323 | | 10.7foundation, and integration of plumbing, mechanical, and electrical systems. |
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324 | 324 | | 10.8 (b) For projects not defined as public buildings or state licensed facilities, the municipal |
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325 | 325 | | 10.9building official shall provide plan review for all nonmodular on-site construction and shall |
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326 | 326 | | 10.10provide inspections for the entire composite building. The municipality may charge a full |
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327 | 327 | | 10.11plan review fee in accordance with the municipality's fee schedule for construction performed |
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328 | 328 | | 10.12on site. The municipality shall issue construction permits and charge permit fees for all |
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329 | 329 | | 10.13work occurring on site. The municipality shall issue a construction permit and charge permit |
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330 | 330 | | 10.14fees for the valuation of work associated with building module placement, attachment, and |
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331 | 331 | | 10.15associated utility connections to each module and overall building systems. |
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332 | 332 | | 10.16 (c) For projects defined as public buildings or state-licensed facilities, the commissioner |
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333 | 333 | | 10.17shall provide plan review for all modular and nonmodular construction and shall provide |
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334 | 334 | | 10.18inspections for the entire composite building. Municipalities with state delegation agreements |
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335 | 335 | | 10.19must distribute work according to this paragraph. |
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336 | 336 | | 10.20Sec. 6. Minnesota Statutes 2024, section 326B.184, subdivision 1a, is amended to read: |
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337 | 337 | | 10.21 Subd. 1a.Department permit and inspection fees.(a) The department permit and |
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338 | 338 | | 10.22inspection fees to construct, install, alter, repair, or remove an elevator are as follows: |
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339 | 339 | | 10.23 (1) the permit fee is $100; |
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340 | 340 | | 10.24 (2) the inspection fee is 0.015 of the total cost of the permitted work for labor and |
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341 | 341 | | 10.25materials, including related electrical and mechanical equipment. The inspection fee covers |
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342 | 342 | | 10.26two inspections. The inspection fee for additional inspections is $80 per hour; |
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343 | 343 | | 10.27 (3) the fee for each separate remote virtual inspection of a stairway chairlift installation |
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344 | 344 | | 10.28or other authorized devices at a private residence is $10; |
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345 | 345 | | 10.29 (3) (4) when inspections scheduled by the permit submitter are not able to be completed |
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346 | 346 | | 10.30because the work is not complete, a fee equal to two hours at the hourly rate of $80 must |
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347 | 347 | | 10.31be paid by the permit submitter; and |
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348 | 348 | | 10Article 2 Sec. 6. |
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349 | 349 | | REVISOR SS/HL 25-0015903/04/25 11.1 (4) (5) when the owner or permit holder requests inspections be performed outside of |
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350 | 350 | | 11.2normal work hours or on weekends or holidays, an hourly rate of $120 in addition to the |
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351 | 351 | | 11.3inspection fee must be paid. |
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352 | 352 | | 11.4 (b) The department fees for inspection of existing elevators when requested by the |
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353 | 353 | | 11.5elevator owner or as a result of an accident resulting in personal injury are at an hourly rate |
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354 | 354 | | 11.6of $80 during normal work hours or $120 outside of normal work hours or on weekends or |
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355 | 355 | | 11.7holidays, with a one-hour minimum. |
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356 | 356 | | 11.8 Sec. 7. Minnesota Statutes 2024, section 326B.184, subdivision 2, is amended to read: |
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357 | 357 | | 11.9 Subd. 2. Operating permits and fees; periodic inspections.(a) No person may operate |
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358 | 358 | | 11.10an elevator without first obtaining an annual operating permit from the department or a |
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359 | 359 | | 11.11municipality authorized by subdivision 4 to issue annual operating permits. A $100 $145 |
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360 | 360 | | 11.12annual operating permit fee must be paid to the department for each annual operating permit |
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361 | 361 | | 11.13issued by the department, except that the original annual operating permit must be included |
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362 | 362 | | 11.14in the permit fee for the initial installation of the elevator. Annual operating permits must |
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363 | 363 | | 11.15be issued at 12-month intervals from the date of the initial annual operating permit. For |
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364 | 364 | | 11.16each subsequent year, an owner must be granted an annual operating permit for the elevator |
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365 | 365 | | 11.17upon the owner's or owner's agent's submission of a form prescribed by the commissioner |
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366 | 366 | | 11.18and payment of the $100 $145 fee. Each form must include the location of the elevator, the |
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367 | 367 | | 11.19results of any periodic test required by the code, and any other criteria established by rule. |
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368 | 368 | | 11.20An annual operating permit may be revoked by the commissioner upon an audit of the |
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369 | 369 | | 11.21periodic testing results submitted with the application or a failure to comply with elevator |
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370 | 370 | | 11.22code requirements, inspections, or any other law related to elevators. Except for an initial |
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371 | 371 | | 11.23operating permit fee, elevators in residential dwellings, hand-powered manlifts and electric |
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372 | 372 | | 11.24endless belt manlifts, and vertical reciprocating conveyors are not subject to a subsequent |
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373 | 373 | | 11.25operating permit fee. |
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374 | 374 | | 11.26 (b) All elevators are subject to periodic inspections by the department or a municipality |
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375 | 375 | | 11.27authorized by subdivision 4 to perform periodic inspections, except that hand-powered |
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376 | 376 | | 11.28manlifts and electric endless belt manlifts are exempt from periodic inspections. Periodic |
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377 | 377 | | 11.29inspections by the department shall be performed at the following intervals: |
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378 | 378 | | 11.30 (1) a special purpose personnel elevator is subject to inspection not more than once every |
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379 | 379 | | 11.31five years; |
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380 | 380 | | 11.32 (2) an elevator located within a house of worship that does not have attached school |
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381 | 381 | | 11.33facilities is subject to inspection not more than once every three years; and |
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382 | 382 | | 11Article 2 Sec. 7. |
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383 | 383 | | REVISOR SS/HL 25-0015903/04/25 12.1 (3) all other elevators are subject to inspection not more than once each year. |
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384 | 384 | | 12.2 Sec. 8. Minnesota Statutes 2024, section 326B.31, subdivision 29, is amended to read: |
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385 | 385 | | 12.3 Subd. 29.Technology circuits or systems."Technology circuits or systems" means |
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386 | 386 | | 12.4class 2 or, class 3, or class 4 circuits or systems for, but not limited to, remote control, |
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387 | 387 | | 12.5signaling, control, alarm, and audio signal, including associated components as covered by |
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388 | 388 | | 12.6the National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are |
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389 | 389 | | 12.7isolated from circuits or systems other than class 2 or, class 3, or class 4 by a demarcation |
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390 | 390 | | 12.8and are not process control circuits or systems; antenna and communication circuits or |
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391 | 391 | | 12.9systems as covered by chapter 8 of the National Electrical Code; and circuitry and equipment |
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392 | 392 | | 12.10for indoor lighting and outdoor landscape lighting systems that are supplied by the secondary |
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393 | 393 | | 12.11circuit of an isolating power supply operating at 30 volts or less as for low-voltage lighting, |
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394 | 394 | | 12.12limited to a class 2 or class 3 power supply covered by the Low-Voltage Lighting article in |
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395 | 395 | | 12.13the National Electrical Code, article 411. The planning, laying out, installing, altering, and |
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396 | 396 | | 12.14repairing of technology circuits or systems must be performed in accordance with the |
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397 | 397 | | 12.15applicable requirements of the National Electrical Code pursuant to section 326B.35. |
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398 | 398 | | 12.16Sec. 9. Minnesota Statutes 2024, section 326B.33, subdivision 21, is amended to read: |
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399 | 399 | | 12.17 Subd. 21.Exemptions from licensing.(a) An individual who is a maintenance electrician |
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400 | 400 | | 12.18is not required to hold or obtain a license under sections 326B.31 to 326B.399 if: |
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401 | 401 | | 12.19 (1) the individual is engaged in the maintenance and repair of electrical equipment, |
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402 | 402 | | 12.20apparatus, and facilities that are owned or leased by the individual's employer and that are |
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403 | 403 | | 12.21located within the limits of property operated, maintained, and either owned or leased by |
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404 | 404 | | 12.22the individual's employer; |
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405 | 405 | | 12.23 (2) the individual is supervised by: |
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406 | 406 | | 12.24 (i) the responsible master electrician for a contractor who has contracted with the |
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407 | 407 | | 12.25individual's employer to provide services for which a contractor's license is required; or |
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408 | 408 | | 12.26 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, |
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409 | 409 | | 12.27or, if the maintenance and repair work is limited to technology circuits or systems work, a |
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410 | 410 | | 12.28licensed power limited technician; and |
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411 | 411 | | 12.29 (3) the individual's employer has on file with the commissioner a current certificate of |
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412 | 412 | | 12.30responsible person, signed by the responsible master electrician of the contractor, the licensed |
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413 | 413 | | 12.31master electrician, the licensed maintenance electrician, the electrical engineer, or the |
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414 | 414 | | 12.32licensed power limited technician, and stating that the person signing the certificate is |
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415 | 415 | | 12Article 2 Sec. 9. |
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416 | 416 | | REVISOR SS/HL 25-0015903/04/25 13.1responsible for ensuring that the maintenance and repair work performed by the employer's |
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417 | 417 | | 13.2employees complies with the Minnesota Electrical Act and the rules adopted under that act. |
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418 | 418 | | 13.3The employer must pay a filing fee to file a certificate of responsible person with the |
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419 | 419 | | 13.4commissioner. The certificate shall expire two years from the date of filing. In order to |
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420 | 420 | | 13.5maintain a current certificate of responsible person, the employer must resubmit a certificate |
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421 | 421 | | 13.6of responsible person, with a filing fee, no later than two years from the date of the previous |
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422 | 422 | | 13.7submittal. |
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423 | 423 | | 13.8 (b) Employees of a licensed electrical or technology systems contractor or other employer |
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424 | 424 | | 13.9where provided with supervision by a master electrician in accordance with subdivision 1, |
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425 | 425 | | 13.10or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are |
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426 | 426 | | 13.11not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying |
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427 | 427 | | 13.12out, installing, altering, and repairing of technology circuits or systems except planning, |
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428 | 428 | | 13.13laying out, or installing: |
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429 | 429 | | 13.14 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that |
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430 | 430 | | 13.15control circuits or systems other than class 2 or class 3, except circuits that interconnect |
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431 | 431 | | 13.16these systems through communication, alarm, and security systems are exempted from this |
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432 | 432 | | 13.17paragraph; |
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433 | 433 | | 13.18 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing |
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434 | 434 | | 13.19physically unprotected circuits other than class 2 or class 3; or |
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435 | 435 | | 13.20 (3) class 4 circuits or systems; or |
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436 | 436 | | 13.21 (3) (4) technology circuits or systems in hazardous classified locations as covered by |
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437 | 437 | | 13.22the National Electrical Code. |
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438 | 438 | | 13.23 (c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and |
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439 | 439 | | 13.24class 3 remote control wiring associated with plug or cord and plug connected appliances |
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440 | 440 | | 13.25other than security or fire alarm systems installed in a residential dwelling are not required |
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441 | 441 | | 13.26to hold a license under sections 326B.31 to 326B.399. |
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442 | 442 | | 13.27 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their |
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443 | 443 | | 13.28employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 |
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444 | 444 | | 13.29when performing heating, ventilating, air conditioning, or refrigeration work as described |
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445 | 445 | | 13.30in section 326B.38. |
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446 | 446 | | 13.31 (e) Employees of any electrical, communications, or railway utility, cable communications |
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447 | 447 | | 13.32company as defined in section 238.02, or a telephone company as defined under section |
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448 | 448 | | 13.33237.01 or its employees, or of any independent contractor performing work on behalf of |
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449 | 449 | | 13Article 2 Sec. 9. |
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450 | 450 | | REVISOR SS/HL 25-0015903/04/25 14.1any such utility, cable communications company, or telephone company, shall not be required |
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451 | 451 | | 14.2to hold a license under sections 326B.31 to 326B.399: |
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452 | 452 | | 14.3 (1) while performing work on installations, materials, or equipment which are owned |
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453 | 453 | | 14.4or leased, and operated and maintained by such utility, cable communications company, or |
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454 | 454 | | 14.5telephone company in the exercise of its utility, antenna, or telephone function, and which: |
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455 | 455 | | 14.6 (i) are used exclusively for the generation, transformation, distribution, transmission, or |
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456 | 456 | | 14.7metering of electric current, or the operation of railway signals, or the transmission of |
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457 | 457 | | 14.8intelligence and do not have as a principal function the consumption or use of electric current |
---|
458 | 458 | | 14.9or provided service by or for the benefit of any person other than such utility, cable |
---|
459 | 459 | | 14.10communications company, or telephone company; and |
---|
460 | 460 | | 14.11 (ii) are generally accessible only to employees of such utility, cable communications |
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461 | 461 | | 14.12company, or telephone company or persons acting under its control or direction; and |
---|
462 | 462 | | 14.13 (iii) are not on the load side of the service point or point of entrance for communication |
---|
463 | 463 | | 14.14systems; |
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464 | 464 | | 14.15 (2) while performing work on installations, materials, or equipment which are a part of |
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465 | 465 | | 14.16the street lighting operations of such utility; or |
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466 | 466 | | 14.17 (3) while installing or performing work on outdoor area lights which are directly |
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467 | 467 | | 14.18connected to a utility's distribution system and located upon the utility's distribution poles, |
---|
468 | 468 | | 14.19and which are generally accessible only to employees of such utility or persons acting under |
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469 | 469 | | 14.20its control or direction. |
---|
470 | 470 | | 14.21 (f) An individual who physically performs electrical work on a residential dwelling that |
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471 | 471 | | 14.22is located on a property the individual owns and actually occupies as a residence or owns |
---|
472 | 472 | | 14.23and will occupy as a residence upon completion of its construction is not required to hold |
---|
473 | 473 | | 14.24or obtain a license under sections 326B.31 to 326B.399 if the residential dwelling has a |
---|
474 | 474 | | 14.25separate electrical utility service not shared with any other residential dwelling. |
---|
475 | 475 | | 14.26 (g) Companies and their employees licensed under section 326B.164 shall not be required |
---|
476 | 476 | | 14.27to hold or obtain a license under sections 326B.31 to 326B.399 while performing elevator |
---|
477 | 477 | | 14.28work. |
---|
478 | 478 | | 14.29Sec. 10. Minnesota Statutes 2024, section 326B.37, subdivision 1, is amended to read: |
---|
479 | 479 | | 14.30 Subdivision 1.Schedule.State electrical inspection fees shall be calculated in accordance |
---|
480 | 480 | | 14.31with subdivisions 2 1 to 14 18. The permit fee is $25. |
---|
481 | 481 | | 14Article 2 Sec. 10. |
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482 | 482 | | REVISOR SS/HL 25-0015903/04/25 15.1 Sec. 11. Minnesota Statutes 2024, section 326B.37, subdivision 2, is amended to read: |
---|
483 | 483 | | 15.2 Subd. 2.Fee for each separate inspection.(a) The minimum fee for each separate |
---|
484 | 484 | | 15.3on-site inspection of an installation, replacement, alteration, or repair is $35 $55. Except as |
---|
485 | 485 | | 15.4otherwise provided in this section, the maximum number of separate inspections allowed |
---|
486 | 486 | | 15.5without payment of an additional fee is the whole number resulting from dividing by 35 55 |
---|
487 | 487 | | 15.6the total fee calculated in accordance with this section. Where additional separate inspections |
---|
488 | 488 | | 15.7are necessary, additional fees are required to result in a value equal to the total number of |
---|
489 | 489 | | 15.8separate inspections multiplied by 35 55. The fee for any inspections needed after a "final |
---|
490 | 490 | | 15.9inspection" is performed shall be calculated without consideration of any fee paid before |
---|
491 | 491 | | 15.10the final inspection. |
---|
492 | 492 | | 15.11 (b) The fee for the first remote virtual inspection under a permit is $10. The fee for each |
---|
493 | 493 | | 15.12subsequent remote virtual inspection under a permit is $35. |
---|
494 | 494 | | 15.13Sec. 12. Minnesota Statutes 2024, section 326B.37, subdivision 4, is amended to read: |
---|
495 | 495 | | 15.14 Subd. 4.Fee for circuit, feeder, feeder tap, or set of transformer secondary |
---|
496 | 496 | | 15.15conductors.The inspection fee for the installation, addition, alteration, or repair of each |
---|
497 | 497 | | 15.16circuit, feeder, feeder tap, or set of transformer secondary conductors, including the |
---|
498 | 498 | | 15.17equipment served, is: |
---|
499 | 499 | | 15.18 (1) 0 ampere to and including 200 ampere capacity, $6 $12; and |
---|
500 | 500 | | 15.19 (2) ampere capacity above 200, $15. |
---|
501 | 501 | | 15.20 Where existing feeders and circuits are reconnected to overcurrent devices installed as |
---|
502 | 502 | | 15.21part of the replacement of an existing disconnect, switchboard, motor control center, or |
---|
503 | 503 | | 15.22panelboard, the inspection fee for each circuit or feeder is $2. |
---|
504 | 504 | | 15.23Sec. 13. Minnesota Statutes 2024, section 326B.37, subdivision 5, is amended to read: |
---|
505 | 505 | | 15.24 Subd. 5.Inspection fee for dwelling.(a) The inspection fee for a one-family dwelling |
---|
506 | 506 | | 15.25and each dwelling unit of a two-family dwelling is the following: |
---|
507 | 507 | | 15.26 (1) the fee for each service or other source of power as provided in subdivision 3; |
---|
508 | 508 | | 15.27 (2) $100 $165 for up to 30 feeders and circuits; and |
---|
509 | 509 | | 15.28 (3) for each additional feeder or circuit, the fee as provided in subdivision 4. |
---|
510 | 510 | | 15.29This fee applies to each separate installation for new dwellings and where 15 or more feeders |
---|
511 | 511 | | 15.30or circuits are installed or extended in connection with any addition, alteration, or repair to |
---|
512 | 512 | | 15.31existing dwellings. Where existing feeders and circuits are reconnected to overcurrent |
---|
513 | 513 | | 15Article 2 Sec. 13. |
---|
514 | 514 | | REVISOR SS/HL 25-0015903/04/25 16.1devices installed as part of the replacement of an existing panelboard, the fee for each |
---|
515 | 515 | | 16.2reconnected feeder or circuit is $2. The maximum number of separate inspections shall be |
---|
516 | 516 | | 16.3determined in accordance with subdivision 2. The fee for additional inspections or other |
---|
517 | 517 | | 16.4installations is that specified in subdivisions 2, 4, 6, and 8. The installer may submit fees |
---|
518 | 518 | | 16.5for additional inspections when filing the request for electrical inspection. The fee for each |
---|
519 | 519 | | 16.6detached accessory structure directly associated with a dwelling unit shall be calculated in |
---|
520 | 520 | | 16.7accordance with subdivisions 3 and 4. When included on the same request for electrical |
---|
521 | 521 | | 16.8inspection form, inspection fees for detached accessory structures directly associated with |
---|
522 | 522 | | 16.9the dwelling unit may be combined with the dwelling unit fees to determine the maximum |
---|
523 | 523 | | 16.10number of separate inspections in accordance with subdivision 2. |
---|
524 | 524 | | 16.11 (b) The inspection fee for each dwelling unit of a multifamily dwelling with three or |
---|
525 | 525 | | 16.12more dwelling units is $70 $110 for a combination of up to 20 feeders and circuits and $6 |
---|
526 | 526 | | 16.13$12 for each additional feeder or circuit. This fee applies to each separate installation for |
---|
527 | 527 | | 16.14each new dwelling unit and where ten or more feeders or circuits are installed or extended |
---|
528 | 528 | | 16.15in connection with any addition, alteration, or repair to existing dwelling units. Where |
---|
529 | 529 | | 16.16existing feeders or circuits are reconnected to overcurrent devices installed as part of the |
---|
530 | 530 | | 16.17replacement of an existing panelboard, the fee for each reconnected feeder or circuit is $2. |
---|
531 | 531 | | 16.18The maximum number of separate inspections for each dwelling unit shall be determined |
---|
532 | 532 | | 16.19in accordance with subdivision 2. The fee for additional inspections or for inspection of |
---|
533 | 533 | | 16.20other installations is that specified in subdivisions 2, 4, 6, and 8. These fees include only |
---|
534 | 534 | | 16.21inspection of the wiring within individual dwelling units and the final feeder to that unit |
---|
535 | 535 | | 16.22where the multifamily dwelling is provided with common service equipment and each |
---|
536 | 536 | | 16.23dwelling unit is supplied by a separate feeder or feeders extended from common service or |
---|
537 | 537 | | 16.24distribution equipment. The fee for multifamily dwelling services or other power source |
---|
538 | 538 | | 16.25supplies and all other circuits is that specified in subdivisions 2 to 4. |
---|
539 | 539 | | 16.26 (c) A separate request for electrical inspection form must be filed for each dwelling unit |
---|
540 | 540 | | 16.27that is supplied with an individual set of service entrance conductors. These fees are the |
---|
541 | 541 | | 16.28one-family dwelling rate specified in paragraph (a). |
---|
542 | 542 | | 16.29Sec. 14. Minnesota Statutes 2024, section 326B.37, subdivision 6, is amended to read: |
---|
543 | 543 | | 16.30 Subd. 6.Additions to fees of subdivisions 3 to 5.(a) The fee for the electrical supply |
---|
544 | 544 | | 16.31for each manufactured home park lot is $35. This fee includes the service or feeder conductors |
---|
545 | 545 | | 16.32up to and including the service equipment or disconnecting means. The fee for feeders and |
---|
546 | 546 | | 16.33circuits that extend from the service or disconnecting means is that specified in subdivision |
---|
547 | 547 | | 16.344. |
---|
548 | 548 | | 16Article 2 Sec. 14. |
---|
549 | 549 | | REVISOR SS/HL 25-0015903/04/25 17.1 (b) The fee for each recreational vehicle site electrical supply equipment is $6 $12 for |
---|
550 | 550 | | 17.2each circuit originating within the equipment. The fee for recreational vehicle park services, |
---|
551 | 551 | | 17.3feeders, and circuits is that specified in subdivisions 3 and 4. |
---|
552 | 552 | | 17.4 (c) The fee for each street, parking lot, or outdoor area lighting standard and each traffic |
---|
553 | 553 | | 17.5signal standard is $5. Circuits originating within the standard or traffic signal controller |
---|
554 | 554 | | 17.6shall not be used when calculating the fee for each standard. |
---|
555 | 555 | | 17.7 (d) The fee for transformers for light, heat, and power is $15 for transformers rated up |
---|
556 | 556 | | 17.8to ten kilovolt-amperes and $30 for transformers rated in excess of ten kilovolt-amperes. |
---|
557 | 557 | | 17.9The previous sentence does not apply to Class 1 transformers or power supplies for Class |
---|
558 | 558 | | 17.101 power-limited circuits or to Class 2 or Class 3 transformers or power supplies. |
---|
559 | 559 | | 17.11 (e) The fee for transformers and electronic power supplies for electric signs and outline |
---|
560 | 560 | | 17.12lighting is $5 per unit. |
---|
561 | 561 | | 17.13 (f) The fee for technology circuits or systems, and circuits of less than 50 volts, is 75 |
---|
562 | 562 | | 17.14cents for each system device or apparatus. |
---|
563 | 563 | | 17.15 (g) The fee for each separate inspection of the bonding for a swimming pool, spa, |
---|
564 | 564 | | 17.16fountain, an equipotential plane for an agricultural confinement area, or similar installation |
---|
565 | 565 | | 17.17is $35. Bonding conductors and connections require an inspection before being concealed. |
---|
566 | 566 | | 17.18 (h) The fee for all wiring installed on center pivot irrigation booms is $35 plus $5 for |
---|
567 | 567 | | 17.19each electrical drive unit. |
---|
568 | 568 | | 17.20 (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per luminaire. |
---|
569 | 569 | | 17.21 (j) When a separate inspection of a concrete-encased grounding electrode is performed, |
---|
570 | 570 | | 17.22the fee is $35 $55. |
---|
571 | 571 | | 17.23 (k) The fees required by subdivisions 3 and 4 are doubled for installations over 600 |
---|
572 | 572 | | 17.24volts. |
---|
573 | 573 | | 17.25 (l) The fee for a class 4 circuit or system transmitter, receiver, or utilization equipment |
---|
574 | 574 | | 17.26is $0.50 for each system device or apparatus. |
---|
575 | 575 | | 17.27Sec. 15. Minnesota Statutes 2024, section 326B.37, subdivision 8, is amended to read: |
---|
576 | 576 | | 17.28 Subd. 8.Reinspection fee.Notwithstanding the provisions of subdivisions 2 and 5, |
---|
577 | 577 | | 17.29when reinspection is necessary to determine whether unsafe conditions identified during a |
---|
578 | 578 | | 17.30final inspection have been corrected and the conditions are not the subject of an appeal |
---|
579 | 579 | | 17.31pending before the commissioner or any court, a reinspection fee of $35 fees shall be assessed |
---|
580 | 580 | | 17Article 2 Sec. 15. |
---|
581 | 581 | | REVISOR SS/HL 25-0015903/04/25 18.1as follows: (1) $55 for an on-site reinspection; and (2) $35 for a remote virtual reinspection. |
---|
582 | 582 | | 18.2Reinspection fees shall be assessed in writing by the inspector. |
---|
583 | 583 | | 18.3 Sec. 16. Minnesota Statutes 2024, section 326B.37, subdivision 9, is amended to read: |
---|
584 | 584 | | 18.4 Subd. 9.Supplemental fee.When inspections scheduled by the installer are preempted, |
---|
585 | 585 | | 18.5obstructed, prevented, or otherwise not able to be completed as scheduled due to |
---|
586 | 586 | | 18.6circumstances beyond the control of the inspector, a supplemental inspection fee of $35 |
---|
587 | 587 | | 18.7$55 shall be assessed in writing by the inspector. |
---|
588 | 588 | | 18.8 Sec. 17. Minnesota Statutes 2024, section 326B.37, is amended by adding a subdivision |
---|
589 | 589 | | 18.9to read: |
---|
590 | 590 | | 18.10 Subd. 18.Energy storage and battery systems.(a) The inspection fee for the installation |
---|
591 | 591 | | 18.11of an energy storage or battery system is: |
---|
592 | 592 | | 18.12 (1) for zero watts to and including 5,000 watts, $60; |
---|
593 | 593 | | 18.13 (2) for 5,001 watts to and including 10,000 watts, $100; |
---|
594 | 594 | | 18.14 (3) for 10,001 watts to and including 20,000 watts, $150; |
---|
595 | 595 | | 18.15 (4) for 20,001 watts to and including 30,000 watts, $200; |
---|
596 | 596 | | 18.16 (5) for 30,001 watts to and including 40,000 watts, $250; |
---|
597 | 597 | | 18.17 (6) for 40,001 watts to and including 1,000,000 watts, $250, plus $8 for each additional |
---|
598 | 598 | | 18.1810,000 watts over 40,000 watts; |
---|
599 | 599 | | 18.19 (7) for 1,000,000 watts to 5,000,000 watts, $1,518, plus $5 for each additional 10,000 |
---|
600 | 600 | | 18.20watts over 1,000,000 watts; or |
---|
601 | 601 | | 18.21 (8) for 5,000,000 watts and larger, $3,518, plus $2 for each additional 10,000 watts over |
---|
602 | 602 | | 18.225,000,000 watts. |
---|
603 | 603 | | 18.23 (b) For the purpose of paragraph (a), the watt rating is the total of the estimated energy |
---|
604 | 604 | | 18.24output, AC or DC, of the energy storage or battery system. |
---|
605 | 605 | | 18.25Sec. 18. Minnesota Statutes 2024, section 326B.49, subdivision 2, is amended to read: |
---|
606 | 606 | | 18.26 Subd. 2.Fees for plan reviews and audits.Plumbing system plans and specifications |
---|
607 | 607 | | 18.27that are submitted to the commissioner for review shall be accompanied by the appropriate |
---|
608 | 608 | | 18.28plan examination fees. If the commissioner determines, upon review of the plans, that |
---|
609 | 609 | | 18.29inadequate fees were paid, the necessary additional fees shall be paid prior to plan approval. |
---|
610 | 610 | | 18.30The commissioner shall charge the following fees for plan reviews and audits of plumbing |
---|
611 | 611 | | 18Article 2 Sec. 18. |
---|
612 | 612 | | REVISOR SS/HL 25-0015903/04/25 19.1installations for public, commercial, and industrial buildings based upon the construction |
---|
613 | 613 | | 19.2valuation of the plumbing work and in accordance with the table in clause (1), or based |
---|
614 | 614 | | 19.3upon clause (2) or (3), as applicable: |
---|
615 | 615 | | 19.4 (1) systems with both water distribution and drain, waste, and vent systems and having: |
---|
616 | 616 | | 19.5 (i) 25 or fewer drainage fixture units, $150; |
---|
617 | 617 | | 19.6 (ii) 26 to 50 drainage fixture units, $250; |
---|
618 | 618 | | 19.7 (iii) 51 to 150 drainage fixture units, $350; |
---|
619 | 619 | | 19.8 (iv) 151 to 249 drainage fixture units, $500; |
---|
620 | 620 | | 19.9 (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum of |
---|
621 | 621 | | 19.10$4,000; and |
---|
622 | 622 | | 19.11 (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch |
---|
623 | 623 | | 19.12basin design; |
---|
624 | 624 | | 19.13 (2) building sewer service only, $150; |
---|
625 | 625 | | 19.14 (3) building water service only, $150; |
---|
626 | 626 | | 19.15 (4) building water distribution system only, no drainage system, $5 per supply fixture |
---|
627 | 627 | | 19.16unit or $150, whichever is greater; |
---|
628 | 628 | | 19.17 (5) storm drainage system, a minimum fee of $150 or: |
---|
629 | 629 | | 19.18 (i) $50 per drain opening, up to a maximum of $500; and |
---|
630 | 630 | | 19.19 (ii) $70 per interceptor, separator, or catch basin design; |
---|
631 | 631 | | 19.20 (1) the total valuation and fee schedule is: |
---|
632 | 632 | | 19.21 (i) $0 to $1,500, $135; |
---|
633 | 633 | | 19.22 (ii) $1,501 to $2,500, $135 for the first $1,500, plus $28 for each additional $500 or |
---|
634 | 634 | | 19.23fraction thereof, to and including $2,500; |
---|
635 | 635 | | 19.24 (iii) $2,501 to $5,000, $191 for the first $2,500, plus $25 for each additional $500 or |
---|
636 | 636 | | 19.25fraction thereof, to and including $5,000; |
---|
637 | 637 | | 19.26 (iv) $5,001 to $25,000, $316 for the first $5,000, plus $33 for each additional $1,000 or |
---|
638 | 638 | | 19.27fraction thereof, to and including $25,000; |
---|
639 | 639 | | 19.28 (v) $25,001 to $50,000, $976 for the first $25,000, plus $31 for each additional $1,000 |
---|
640 | 640 | | 19.29or fraction thereof, to and including $50,000; |
---|
641 | 641 | | 19Article 2 Sec. 18. |
---|
642 | 642 | | REVISOR SS/HL 25-0015903/04/25 20.1 (vi) $50,001 to $500,000, $1,751 for the first $50,000, plus $23 for each additional |
---|
643 | 643 | | 20.2$10,000 or fraction thereof, to and including $100,000; |
---|
644 | 644 | | 20.3 (vii) $500,001 to $3,000,000, $2,786 for the first $500,000, plus $41 for each additional |
---|
645 | 645 | | 20.4$100,000 or fraction thereof, to and including $3,000,000; and |
---|
646 | 646 | | 20.5 (viii) $3,000,001 and over, $3,811 for the first $3,000,000, plus $33 for each additional |
---|
647 | 647 | | 20.6$100,000 or fraction thereof; |
---|
648 | 648 | | 20.7 (2) manufactured home park or campground: |
---|
649 | 649 | | 20.8 (6) manufactured home park or campground, (i) one to 25 sites, $300; |
---|
650 | 650 | | 20.9 (7) manufactured home park or campground, (ii) 26 to 50 sites, $350; |
---|
651 | 651 | | 20.10 (8) manufactured home park or campground, (iii) 51 to 125 sites, $400; |
---|
652 | 652 | | 20.11 (9) manufactured home park or campground, (iv) more than 125 sites, $500; and |
---|
653 | 653 | | 20.12 (v) other work shall be assessed per clause (1); and |
---|
654 | 654 | | 20.13 (10) revision (3) revisions to previously reviewed or incomplete plans: |
---|
655 | 655 | | 20.14 (i) review of plans for which the commissioner has issued two or more requests for |
---|
656 | 656 | | 20.15additional information, per review, $100 or ten percent of the original fee, whichever is |
---|
657 | 657 | | 20.16greater $125 per hour with a minimum of one hour; |
---|
658 | 658 | | 20.17 (ii) proposer-requested revision with no increase in project scope, $50 or ten percent of |
---|
659 | 659 | | 20.18original fee, whichever is greater $125 per hour with a minimum of one hour; and |
---|
660 | 660 | | 20.19 (iii) proposer-requested revision with an increase in project scope, $50 plus the difference |
---|
661 | 661 | | 20.20between the original project fee and the revised project fee the fee shall be based upon the |
---|
662 | 662 | | 20.21absolute value of the change in work scope as if the change in scope is a new project. |
---|
663 | 663 | | 20.22Sec. 19. Minnesota Statutes 2024, section 326B.49, subdivision 3, is amended to read: |
---|
664 | 664 | | 20.23 Subd. 3.Permits; fees.(a) Before commencement of a plumbing installation to be |
---|
665 | 665 | | 20.24inspected by the commissioner, the plumbing contractor or registered plumbing employer |
---|
666 | 666 | | 20.25performing the plumbing work must submit to the commissioner an application for a permit |
---|
667 | 667 | | 20.26and the permit and inspection fees in paragraphs (b) to (f). based upon the construction |
---|
668 | 668 | | 20.27valuation of the plumbing work in accordance with clause (1), or based upon clause (2) or |
---|
669 | 669 | | 20.28(3), as applicable: |
---|
670 | 670 | | 20.29 (b) The permit fee is $100. |
---|
671 | 671 | | 20.30 (c) The residential inspection fee is $50 for each inspection trip. |
---|
672 | 672 | | 20Article 2 Sec. 19. |
---|
673 | 673 | | REVISOR SS/HL 25-0015903/04/25 21.1 (d) The public, commercial, and industrial inspection fees are as follows: |
---|
674 | 674 | | 21.2 (1) for systems with water distribution, drain, waste, and vent system connection: |
---|
675 | 675 | | 21.3 (i) $25 for each fixture, permanently connected appliance, floor drain, or other |
---|
676 | 676 | | 21.4appurtenance; |
---|
677 | 677 | | 21.5 (ii) $25 for each water conditioning, water treatment, or water filtration system; and |
---|
678 | 678 | | 21.6 (iii) $25 for each interceptor, separator, catch basin, or manhole; |
---|
679 | 679 | | 21.7 (2) roof drains, $25 for each drain; |
---|
680 | 680 | | 21.8 (3) building sewer service only, $100; |
---|
681 | 681 | | 21.9 (4) building water service only, $100; |
---|
682 | 682 | | 21.10 (5) building water distribution system only, no drainage system, $5 for each fixture |
---|
683 | 683 | | 21.11supplied; |
---|
684 | 684 | | 21.12 (6) storm drainage system, a minimum fee of $25 for each drain opening, interceptor, |
---|
685 | 685 | | 21.13separator, or catch basin; |
---|
686 | 686 | | 21.14 (1) the total valuation and fee schedule for plumbing permits is: |
---|
687 | 687 | | 21.15 (i) $0 to $1,500, $135; |
---|
688 | 688 | | 21.16 (ii) $1,501 to $2,500, $135 for the first $1,500, plus $43 for each additional $500 or |
---|
689 | 689 | | 21.17fraction thereof, to and including $2,500; |
---|
690 | 690 | | 21.18 (iii) $2,501 to $5,000, $221 for the first $2,500, plus $28 for each additional $500 or |
---|
691 | 691 | | 21.19fraction thereof, to and including $5,000; |
---|
692 | 692 | | 21.20 (iv) $5,001 to $25,000, $361 for the first $5,000, plus $53 for each additional $1,000 or |
---|
693 | 693 | | 21.21fraction thereof, to and including $25,000; |
---|
694 | 694 | | 21.22 (v) $25,001 to $50,000, $1,421 for the first $25,000, plus $51 for each additional $1,000 |
---|
695 | 695 | | 21.23or fraction thereof, to and including $50,000; |
---|
696 | 696 | | 21.24 (vi) $50,001 to $500,000, $2,696 for the first $50,000, plus $47 for each additional |
---|
697 | 697 | | 21.25$10,000 or fraction thereof, to and including $500,000; |
---|
698 | 698 | | 21.26 (vii) $500,001 to $3,000,000, $4,811 for the first $500,000, plus $61 for each additional |
---|
699 | 699 | | 21.27$50,000 or fraction thereof, to and including $3,000,000; or |
---|
700 | 700 | | 21.28 (viii) $3,000,001 and over, $7,861 for the first $3,000,000, plus $51 for each additional |
---|
701 | 701 | | 21.29$100,000 or fraction thereof; |
---|
702 | 702 | | 21Article 2 Sec. 19. |
---|
703 | 703 | | REVISOR SS/HL 25-0015903/04/25 22.1 (7) (2) manufactured home park or campground, $25 for each site, minimum charge |
---|
704 | 704 | | 22.2$135; and |
---|
705 | 705 | | 22.3 (8) reinspection fee to verify corrections, regardless of the total fee submitted, $100 for |
---|
706 | 706 | | 22.4each reinspection; and |
---|
707 | 707 | | 22.5 (9) each $100 in fees paid covers one inspection trip. |
---|
708 | 708 | | 22.6 (e) In addition to the fees in paragraph (d), the fee submitter must pay an hourly rate of |
---|
709 | 709 | | 22.7$80 during regular business hours, or $120 when inspections are requested to be performed |
---|
710 | 710 | | 22.8outside of normal work hours or on weekends and holidays, with a two-hour minimum |
---|
711 | 711 | | 22.9where the fee submitter requests inspections of installations as systems are being installed. |
---|
712 | 712 | | 22.10 (f) The fee submitter must pay a fee equal to two hours at the hourly rate of $80 when |
---|
713 | 713 | | 22.11inspections scheduled by the submitter are not able to be completed because the work is |
---|
714 | 714 | | 22.12not complete. |
---|
715 | 715 | | 22.13 (3) other inspections and fees: |
---|
716 | 716 | | 22.14 (i) inspections outside of regular business hours, defined as Monday to Friday, 7:00 a.m. |
---|
717 | 717 | | 22.15to 5:00 p.m., $188 per hour, minimum charge two hours; |
---|
718 | 718 | | 22.16 (ii) reinspection fees, $125 per hour, minimum charge $135; |
---|
719 | 719 | | 22.17 (iii) inspections for which no fee is specifically indicated, $125 per hour, minimum |
---|
720 | 720 | | 22.18one-half hour, minimum charge $135; |
---|
721 | 721 | | 22.19 (iv) changes or revisions to approved plans with no increase in work scope, $125 per |
---|
722 | 722 | | 22.20hour, minimum charge one hour; and |
---|
723 | 723 | | 22.21 (v) changes to approved plans with a change in work scope, fees shall be assessed for |
---|
724 | 724 | | 22.22change in valuation based upon the absolute value of the change work scope in accordance |
---|
725 | 725 | | 22.23with the fee schedule as if the change in scope were a new project. |
---|
726 | 726 | | 22.24 (b) If the actual cost to the jurisdiction under paragraph (a), clause (3), is greater than |
---|
727 | 727 | | 22.25indicated by the schedule, the greater rate shall be paid. Hourly cost includes supervision, |
---|
728 | 728 | | 22.26overhead, equipment, hourly wages, and fringe benefits of the employees involved. |
---|
729 | 729 | | 22.27Sec. 20. Minnesota Statutes 2024, section 326B.986, subdivision 9, is amended to read: |
---|
730 | 730 | | 22.28 Subd. 9.Boiler and pressure vessel registration fee.The annual registration fee for |
---|
731 | 731 | | 22.29boilers and pressure vessels in use and required to be inspected per section 326B.958 shall |
---|
732 | 732 | | 22.30be $10 $25 per boiler and pressure vessel. |
---|
733 | 733 | | 22Article 2 Sec. 20. |
---|
734 | 734 | | REVISOR SS/HL 25-0015903/04/25 23.1 Sec. 21. Minnesota Statutes 2024, section 327.31, is amended by adding a subdivision to |
---|
735 | 735 | | 23.2read: |
---|
736 | 736 | | 23.3 Subd. 24.Sale."Sale" means: |
---|
737 | 737 | | 23.4 (1) the passing of title from one person to another for consideration; |
---|
738 | 738 | | 23.5 (2) an agreement to sell under which possession is delivered to the buyer but title is |
---|
739 | 739 | | 23.6retained by the seller; |
---|
740 | 740 | | 23.7 (3) an agreement in the form of a bailment or lease of goods if the bailee or lessee agrees |
---|
741 | 741 | | 23.8to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate |
---|
742 | 742 | | 23.9value of the goods involved and it is agreed that the bailee or lessee must become, or for |
---|
743 | 743 | | 23.10no other than a nominal consideration has the option to become, the owner of the goods |
---|
744 | 744 | | 23.11upon full compliance with the bailee's or lessee's obligations under the agreement; or |
---|
745 | 745 | | 23.12 (4) a legally binding executory agreement to make a sale. |
---|
746 | 746 | | 23.13Sec. 22. Minnesota Statutes 2024, section 327.31, is amended by adding a subdivision to |
---|
747 | 747 | | 23.14read: |
---|
748 | 748 | | 23.15 Subd. 25.Shipment label."Shipment label" means a device, insignia, or label issued |
---|
749 | 749 | | 23.16to the manufacturer by the commissioner to be displayed on every transportable section of |
---|
750 | 750 | | 23.17each new manufactured home manufactured for sale and certified by the secretary and |
---|
751 | 751 | | 23.18shipped to a dealer in Minnesota after August 1, 2025. |
---|
752 | 752 | | 23.19Sec. 23. Minnesota Statutes 2024, section 327.31, is amended by adding a subdivision to |
---|
753 | 753 | | 23.20read: |
---|
754 | 754 | | 23.21 Subd. 26.Salesperson."Salesperson" means a person who acts on behalf of a dealer in |
---|
755 | 755 | | 23.22performing any act that sections 326B.601 to 326B.612 authorize or require to be performed |
---|
756 | 756 | | 23.23by a dealer. |
---|
757 | 757 | | 23.24Sec. 24. Minnesota Statutes 2024, section 327.31, is amended by adding a subdivision to |
---|
758 | 758 | | 23.25read: |
---|
759 | 759 | | 23.26 Subd. 27.Used manufactured home resale decal."Used manufactured home resale |
---|
760 | 760 | | 23.27decal" means a device, insignia, or decal issued to the dealer or seller before selling, leasing, |
---|
761 | 761 | | 23.28or leasing to purchase a used manufactured home to a person. |
---|
762 | 762 | | 23Article 2 Sec. 24. |
---|
763 | 763 | | REVISOR SS/HL 25-0015903/04/25 24.1 Sec. 25. Minnesota Statutes 2024, section 327.32, subdivision 1a, is amended to read: |
---|
764 | 764 | | 24.2 Subd. 1a.Requirement; used manufactured homes.(a) No person shall sell or offer |
---|
765 | 765 | | 24.3for sale in this state any used manufactured home manufactured after June 14, 1976, or |
---|
766 | 766 | | 24.4install for occupancy any used manufactured home manufactured after June 14, 1976, unless |
---|
767 | 767 | | 24.5the used manufactured home complies with the Notice of Compliance Form for a Used |
---|
768 | 768 | | 24.6Manufactured Home as provided in this subdivision. If manufactured after June 14, 1976, |
---|
769 | 769 | | 24.7the home must bear a label or data plate as required by the secretary. The Notice of |
---|
770 | 770 | | 24.8Compliance Form shall be signed by the seller and purchaser indicating which party is |
---|
771 | 771 | | 24.9responsible for either making or paying for any necessary corrections prior to the sale and |
---|
772 | 772 | | 24.10transferring ownership of the manufactured home. |
---|
773 | 773 | | 24.11The Notice of Compliance Form shall be substantially in the following form: |
---|
774 | 774 | | 24.12"Notice of Compliance Form as required in Minnesota Statutes, section 327.32, subdivision |
---|
775 | 775 | | 24.13 1 |
---|
776 | 776 | | 24.14This notice must be completed and signed by the purchaser(s) and the seller(s) of the used |
---|
777 | 777 | | 24.15manufactured home described in the purchase agreement and on the bottom of this notice |
---|
778 | 778 | | 24.16before the parties transfer ownership of a used manufactured home constructed after June |
---|
779 | 779 | | 24.1714, 1976. |
---|
780 | 780 | | 24.18Electric ranges and clothes dryers must have required four-conductor cords and plugs. For |
---|
781 | 781 | | 24.19the purpose of complying with the requirements of section 327B.06, a licensed retailer or |
---|
782 | 782 | | 24.20limited retailer shall retain at least one copy of the form required under this subdivision. |
---|
783 | 783 | | Correction required ..........24.21Complies .......... |
---|
784 | 784 | | Seller ..........24.22Initialed by Responsible Party: Buyer .......... |
---|
785 | 785 | | 24.23Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code |
---|
786 | 786 | | 24.24of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance |
---|
787 | 787 | | 24.25with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc., Code |
---|
788 | 788 | | 24.26of Federal Regulations, title 24, section 3280.709 (g)). |
---|
789 | 789 | | Correction required ..........24.27Complies .......... |
---|
790 | 790 | | Seller ..........24.28Initialed by Responsible Party: Buyer .......... |
---|
791 | 791 | | 24.29Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal |
---|
792 | 792 | | 24.30Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in |
---|
793 | 793 | | 24.31accordance with their listing or standards. |
---|
794 | 794 | | Correction required ..........24.32Complies .......... |
---|
795 | 795 | | Seller ..........24.33Initialed by Responsible Party: Buyer .......... |
---|
796 | 796 | | 24Article 2 Sec. 25. |
---|
797 | 797 | | REVISOR SS/HL 25-0015903/04/25 25.1Smoke alarms are required to be installed and operational in accordance with Code of |
---|
798 | 798 | | 25.2Federal Regulations, title 24, section 3280.208. |
---|
799 | 799 | | Correction required ..........25.3Complies .......... |
---|
800 | 800 | | Seller ..........25.4Initialed by Responsible Party: Buyer .......... |
---|
801 | 801 | | 25.5Carbon monoxide alarms or CO detectors that are approved and operational are required to |
---|
802 | 802 | | 25.6be installed within ten feet of each room lawfully used for sleeping purposes. |
---|
803 | 803 | | Correction required ..........25.7Complies .......... |
---|
804 | 804 | | Seller ..........25.8Initialed by Responsible Party: Buyer .......... |
---|
805 | 805 | | 25.9Egress windows are required in every bedroom with at least one operable window with a |
---|
806 | 806 | | 25.10net clear opening of 20 inches wide and 24 inches high, five square feet in area, with the |
---|
807 | 807 | | 25.11bottom of windows opening no more than 36 inches above the floor. Locks, latches, operating |
---|
808 | 808 | | 25.12handles, tabs, or other operational devices shall not be located more than 54 inches above |
---|
809 | 809 | | 25.13the finished floor. |
---|
810 | 810 | | Correction required ..........25.14Complies .......... |
---|
811 | 811 | | Seller ..........25.15Initialed by Responsible Party: Buyer .......... |
---|
812 | 812 | | 25.16The furnace compartment of the home is required to have interior finish with a flame spread |
---|
813 | 813 | | 25.17rating not exceeding 25, as specified in the 1976 United States Department of Housing and |
---|
814 | 814 | | 25.18Urban Development Code governing manufactured housing construction. |
---|
815 | 815 | | Correction required ..........25.19Complies .......... |
---|
816 | 816 | | Seller ..........25.20Initialed by Responsible Party: Buyer .......... |
---|
817 | 817 | | 25.21The water heater enclosure in this home is required to have interior finish with a flame |
---|
818 | 818 | | 25.22spread rating not exceeding 25, as specified in the 1976 United States Department of Housing |
---|
819 | 819 | | 25.23and Urban Development Code governing manufactured housing construction. |
---|
820 | 820 | | Correction required ..........25.24Complies .......... |
---|
821 | 821 | | Seller ..........25.25Initialed by Responsible Party: Buyer .......... |
---|
822 | 822 | | 25.26The home complies with the snowload and heat zone requirements for the state of Minnesota |
---|
823 | 823 | | 25.27as indicated by the data plate. |
---|
824 | 824 | | Correction required ..........25.28Complies .......... |
---|
825 | 825 | | Seller ..........25.29Initialed by Responsible Party: Buyer .......... |
---|
826 | 826 | | 25.30The parties to this agreement have initialed all required sections and agree by their signature |
---|
827 | 827 | | 25.31to complete any necessary corrections prior to the sale or transfer of ownership of the home |
---|
828 | 828 | | 25.32described below as listed in the purchase agreement. The state of Minnesota or a local |
---|
829 | 829 | | 25.33building official has the authority to inspect the home in the manner described in Minnesota |
---|
830 | 830 | | 25Article 2 Sec. 25. |
---|
831 | 831 | | REVISOR SS/HL 25-0015903/04/25 26.1Statutes, section 327.33, prior to or after the sale to ensure compliance was properly executed |
---|
832 | 832 | | 26.2as provided under the Manufactured Home Building Code. |
---|
833 | 833 | | 26.3Signature of Purchaser(s) of Home |
---|
834 | 834 | | ..............................date..............................26.4..............................date.............................. |
---|
835 | 835 | | ...................................................................26.5................................................................... |
---|
836 | 836 | | Print name as appears on purchase agreement26.6Print name as appears on purchase agreement |
---|
837 | 837 | | 26.7Signature of Seller(s) of Home |
---|
838 | 838 | | ..............................date..............................26.8..............................date.............................. |
---|
839 | 839 | | ...................................................................26.9................................................................... |
---|
840 | 840 | | Print name and license number, if applicable26.10Print name and license number, if applicable |
---|
841 | 841 | | 26.11(Street address of home at time of sale) |
---|
842 | 842 | | 26.12.............................................................................................................................................. |
---|
843 | 843 | | 26.13(City/State/Zip) .................................................................................................................... |
---|
844 | 844 | | 26.14Name of manufacturer of home ........................................................................................... |
---|
845 | 845 | | 26.15Model and year .................................................................................................................... |
---|
846 | 846 | | "26.16Serial number .................................................................................................................... |
---|
847 | 847 | | 26.17 (b) No dealer or seller shall sell or offer for sale in this state a used manufactured home |
---|
848 | 848 | | 26.18manufactured after June 14, 1976, or install for occupancy a used manufactured home |
---|
849 | 849 | | 26.19manufactured after June 14, 1976, unless the dealer or seller has completed and submitted |
---|
850 | 850 | | 26.20to the commissioner the Notice of Compliance Form for a Used Manufactured Home as |
---|
851 | 851 | | 26.21provided in this subdivision and has placed a used manufactured home decal issued by the |
---|
852 | 852 | | 26.22commissioner on the inside door of the electric panel. |
---|
853 | 853 | | 26.23 (c) If manufactured after June 14, 1976, the home must bear a label and data plate as |
---|
854 | 854 | | 26.24required by the secretary, or a replacement label issued by the commissioner and a data |
---|
855 | 855 | | 26.25plate as required by the secretary. The Notice of Compliance Form for a Used Manufactured |
---|
856 | 856 | | 26.26Home shall be completed and signed by the purchaser(s) and seller(s) and shall confirm the |
---|
857 | 857 | | 26.27requirements of this subdivision have been met. To comply with section 326B.606, a licensed |
---|
858 | 858 | | 26.28dealer or limited dealer shall retain at least one copy of the notice. |
---|
859 | 859 | | 26.29 (d) The dealer may contract with a licensed electrician or master electrician, or licensed |
---|
860 | 860 | | 26.30electrical engineer to complete the electrical portions of the compliance form. The dealer |
---|
861 | 861 | | 26.31may contract with a bonded mechanical contractor registered with the Department of Labor |
---|
862 | 862 | | 26.32and Industry to complete the heating, ventilation, and air conditioning portions of the |
---|
863 | 863 | | 26.33compliance form. The dealer may contract with a licensed plumber or master plumber, or |
---|
864 | 864 | | 26.34mechanical engineer to complete the plumbing portions of the compliance form. |
---|
865 | 865 | | 26Article 2 Sec. 25. |
---|
866 | 866 | | REVISOR SS/HL 25-0015903/04/25 27.1 (e) The commissioner shall establish and distribute a sample Notice of Compliance Form |
---|
867 | 867 | | 27.2for a Used Manufactured Home that may be used to meet the requirements of this subdivision. |
---|
868 | 868 | | 27.3The form must confirm that the requirements in paragraphs (f) to (j) are met. |
---|
869 | 869 | | 27.4 (f) Life and safety requirements: |
---|
870 | 870 | | 27.5 (1) smoke alarms are installed and operational in accordance with Code of Federal |
---|
871 | 871 | | 27.6Regulations, title 24, section 3280.208; |
---|
872 | 872 | | 27.7 (2) carbon monoxide alarms or carbon monoxide detectors are approved and operational |
---|
873 | 873 | | 27.8and are installed within ten feet of each room lawfully used for sleeping purposes; |
---|
874 | 874 | | 27.9 (3) egress windows are in every bedroom with at least one operable window with a net |
---|
875 | 875 | | 27.10clear opening of 20 inches wide and 24 inches high, five square feet in area, with the bottom |
---|
876 | 876 | | 27.11of windows opening no more than 36 inches above the floor. Locks, latches, operating |
---|
877 | 877 | | 27.12handles, tabs, or other operational devices are located more than 54 inches above the finished |
---|
878 | 878 | | 27.13floor; and |
---|
879 | 879 | | 27.14 (4) exterior doors, including sliding glass exterior doors, are operable and provide exit |
---|
880 | 880 | | 27.15to grade. |
---|
881 | 881 | | 27.16 (g) Electrical requirements: |
---|
882 | 882 | | 27.17 (1) distribution panels are installed in compliance with the approved listing, complete |
---|
883 | 883 | | 27.18with required breakers or fuses, with all unused openings covered with blank covers approved |
---|
884 | 884 | | 27.19and listed for that purpose. Connections have been checked for tightness. Panels are readily |
---|
885 | 885 | | 27.20accessible; |
---|
886 | 886 | | 27.21 (2) the electrical system, including switches, receptacles, fixtures, and devices, is installed, |
---|
887 | 887 | | 27.22wired, and supported in accordance with code requirements and is in safe and usable |
---|
888 | 888 | | 27.23condition; |
---|
889 | 889 | | 27.24 (3) the used manufactured home has been subjected to: |
---|
890 | 890 | | 27.25 (i) an electrical continuity test to assure that all metallic parts are bonded in accordance |
---|
891 | 891 | | 27.26with code requirements; and |
---|
892 | 892 | | 27.27 (ii) an electrical operational test to demonstrate that all fixtures and equipment except |
---|
893 | 893 | | 27.28water heaters, ranges, air conditioners and electric furnaces are connected and in working |
---|
894 | 894 | | 27.29order; |
---|
895 | 895 | | 27.30 (4) the dealer may, in lieu of inspecting the electrical and heating systems of a used |
---|
896 | 896 | | 27.31manufactured home, request an electrical and heating inspection by a qualified third party. |
---|
897 | 897 | | 27Article 2 Sec. 25. |
---|
898 | 898 | | REVISOR SS/HL 25-0015903/04/25 28.1Approval by the qualified third party is accepted as compliance with those portions of the |
---|
899 | 899 | | 28.2safety standards under the code that pertain to electrical and heating systems; and |
---|
900 | 900 | | 28.3 (5) electric ranges and clothes dryers have the required four-conductor cords and plugs. |
---|
901 | 901 | | 28.4 (h) Plumbing requirements: |
---|
902 | 902 | | 28.5 (1) fixtures: |
---|
903 | 903 | | 28.6 (i) all plumbing fixtures are protected with approved workable "p" traps; |
---|
904 | 904 | | 28.7 (ii) all plumbing fixtures are in a workable condition and vented through the roof in |
---|
905 | 905 | | 28.8accordance with code requirements; and |
---|
906 | 906 | | 28.9 (iii) an antisiphon trap vent device or mechanical vent may be used to vent single fixtures, |
---|
907 | 907 | | 28.10except water closets; |
---|
908 | 908 | | 28.11 (2) water supply: |
---|
909 | 909 | | 28.12 (i) water piping is not bent or kinked so as to retard or obstruct the flow of the water |
---|
910 | 910 | | 28.13supply; |
---|
911 | 911 | | 28.14 (ii) the under-floor water supply piping is connected to the manufactured home's water |
---|
912 | 912 | | 28.15supply connection and to the site's water service supply piping in accordance with code |
---|
913 | 913 | | 28.16requirements, except when the manufactured home is being installed or reinstalled; |
---|
914 | 914 | | 28.17 (iii) the under-floor water supply piping is supported in accordance with code |
---|
915 | 915 | | 28.18requirements, except when the manufactured home is being installed or reinstalled; and |
---|
916 | 916 | | 28.19 (iv) the under-floor water supply piping is protected from freezing, except when the |
---|
917 | 917 | | 28.20manufactured home is being installed or reinstalled; |
---|
918 | 918 | | 28.21 (3) drain waste: |
---|
919 | 919 | | 28.22 (i) drain waste piping is in working condition; |
---|
920 | 920 | | 28.23 (ii) the under-floor drain waste piping is connected to the manufactured home's drain |
---|
921 | 921 | | 28.24waste outlet or outlets and to the site's service utility piping in accordance with code |
---|
922 | 922 | | 28.25requirements, except when the manufactured home is being installed or reinstalled; and |
---|
923 | 923 | | 28.26 (iii) the under-floor drain waste piping is supported and sloped in accordance with code |
---|
924 | 924 | | 28.27requirements, except when the manufactured home is being installed or reinstalled; and |
---|
925 | 925 | | 28.28 (4) water heating: |
---|
926 | 926 | | 28Article 2 Sec. 25. |
---|
927 | 927 | | REVISOR SS/HL 25-0015903/04/25 29.1 (i) the water heater is listed for manufactured home use under Code of Federal |
---|
928 | 928 | | 29.2Regulations, title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in |
---|
929 | 929 | | 29.3accordance with federal standards; |
---|
930 | 930 | | 29.4 (ii) the water heater is equipped with an approved listed relief valve to provide |
---|
931 | 931 | | 29.5temperature and pressure relief; |
---|
932 | 932 | | 29.6 (iii) the water heater enclosure in the manufactured home is completed with an interior |
---|
933 | 933 | | 29.7finish having a flame spread rating not exceeding 25, as specified in the 1976 United States |
---|
934 | 934 | | 29.8Department of Housing and Urban Development Code governing manufactured housing |
---|
935 | 935 | | 29.9construction; and |
---|
936 | 936 | | 29.10 (iv) water heater venting systems are in a safe and operable condition. Products of |
---|
937 | 937 | | 29.11combustion venting do not terminate within a roof, wall, or floor cavity. |
---|
938 | 938 | | 29.12 (i) Heat-producing equipment requirements: |
---|
939 | 939 | | 29.13 (1) the furnace is listed for manufactured home use under Code of Federal Regulations, |
---|
940 | 940 | | 29.14title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in accordance with |
---|
941 | 941 | | 29.15the federal regulations; |
---|
942 | 942 | | 29.16 (2) heating equipment such as a furnace, wall heater, or thermostat are in safe and |
---|
943 | 943 | | 29.17operable condition. All ducts are in usable, not collapsed condition, with all exterior and |
---|
944 | 944 | | 29.18interior joints and furnace connections mechanically secure and sealed; and |
---|
945 | 945 | | 29.19 (3) the furnace venting systems are in a safe and operable condition. Products of |
---|
946 | 946 | | 29.20combustion venting do not terminate within a roof, wall, floor, or under-floor area. |
---|
947 | 947 | | 29.21 (j) General requirements: |
---|
948 | 948 | | 29.22 (1) fuel gas piping: |
---|
949 | 949 | | 29.23 (i) fuel gas supply piping is not bent or kinked so as to obstruct the flow of the fuel gas |
---|
950 | 950 | | 29.24or leak; |
---|
951 | 951 | | 29.25 (ii) the under-floor fuel gas supply piping is connected to the manufactured home's fuel |
---|
952 | 952 | | 29.26gas supply connection and to the site's fuel gas service supply piping in accordance with |
---|
953 | 953 | | 29.27code requirements, except when the manufactured home is being installed or reinstalled; |
---|
954 | 954 | | 29.28and |
---|
955 | 955 | | 29.29 (iii) the under-floor fuel gas supply piping is supported in accordance with code |
---|
956 | 956 | | 29.30requirements, except when the manufactured home is being installed or reinstalled; |
---|
957 | 957 | | 29.31 (2) solid fuel-burning fireplaces or stoves are listed for use in manufactured homes under |
---|
958 | 958 | | 29.32Code of Federal Regulations, title 24, section 3280.709(g), and installed correctly in |
---|
959 | 959 | | 29Article 2 Sec. 25. |
---|
960 | 960 | | REVISOR SS/HL 25-0015903/04/25 30.1accordance with the federal regulations, including chimney, doors, hearth, combustion, or |
---|
961 | 961 | | 30.2intake; |
---|
962 | 962 | | 30.3 (3) all exhaust vents are operable; |
---|
963 | 963 | | 30.4 (4) insulation missing from exposed areas has been replaced and all holes in bottom |
---|
964 | 964 | | 30.5board have been securely sealed; |
---|
965 | 965 | | 30.6 (5) exterior roof and wall systems prevent bulk water infiltration; |
---|
966 | 966 | | 30.7 (6) water-damaged areas and holes in the subfloor have been replaced; and |
---|
967 | 967 | | 30.8 (7) the home complies with code requirements for snowload and heat zone requirements |
---|
968 | 968 | | 30.9as indicated by the data plate. |
---|
969 | 969 | | 30.10Sec. 26. Minnesota Statutes 2024, section 327.32, subdivision 1e, is amended to read: |
---|
970 | 970 | | 30.11 Subd. 1e.Reinstallation requirements for used manufactured homes.(a) All used |
---|
971 | 971 | | 30.12manufactured homes reinstalled less than 24 months from the date of installation by the |
---|
972 | 972 | | 30.13first purchaser must be reinstalled in compliance with subdivision 1c. All used manufactured |
---|
973 | 973 | | 30.14homes reinstalled more than 24 months from the date of installation by the first purchaser |
---|
974 | 974 | | 30.15may be reinstalled without a frost-protected foundation if the home is reinstalled in |
---|
975 | 975 | | 30.16compliance with Minnesota Rules, chapter 1350, for above frost-line installations and the |
---|
976 | 976 | | 30.17notice requirement of subdivision 1f is complied with by the seller and the purchaser of the |
---|
977 | 977 | | 30.18used manufactured home. |
---|
978 | 978 | | 30.19 (b) The installer or licensed residential building contractor shall affix an installation seal |
---|
979 | 979 | | 30.20issued by the department to the outside of the home as required by the Minnesota State |
---|
980 | 980 | | 30.21Building Code. The certificate of installation issued by the installer of record shall clearly |
---|
981 | 981 | | 30.22state that the home has been reinstalled with an above frost-line foundation. Fees for |
---|
982 | 982 | | 30.23inspection of a reinstallation and for issuance of reinstallation seals shall follow the |
---|
983 | 983 | | 30.24requirements of sections 326B.802 to 326B.885; 326B.22, subdivision 2; and 326B.23, |
---|
984 | 984 | | 30.25subdivision 2. Fees for review of plans, specifications, and on-site inspections shall be those |
---|
985 | 985 | | 30.26as specified in section 326B.153, subdivision 1, paragraph (c) sections 326B.22, subdivision |
---|
986 | 986 | | 30.272, and 326B.37, subdivision 4. Whenever an installation certificate for an above frost-line |
---|
987 | 987 | | 30.28installation is issued to a used manufactured home being listed for sale, the purchase |
---|
988 | 988 | | 30.29agreement must disclose that the home is installed on a nonfrost-protected foundation and |
---|
989 | 989 | | 30.30recommend that the purchaser have the home inspected to determine the effects of frost on |
---|
990 | 990 | | 30.31the home. |
---|
991 | 991 | | 30.32 (c) An installation seal may be issued to a residential building contractor licensed under |
---|
992 | 992 | | 30.33section 326B.805 for use in the installation of used manufactured homes only after the |
---|
993 | 993 | | 30Article 2 Sec. 26. |
---|
994 | 994 | | REVISOR SS/HL 25-0015903/04/25 31.1qualifying person for the residential building contractor has completed a three-hour training |
---|
995 | 995 | | 31.2course relating to the installation of manufactured homes that has been approved by either |
---|
996 | 996 | | 31.3the United States Department of Housing and Urban Development or by the commissioner. |
---|
997 | 997 | | 31.4The course completion certificate shall be submitted to the commissioner. For the purposes |
---|
998 | 998 | | 31.5of this subdivision, "qualifying person" has the meaning given in section 326B.802, |
---|
999 | 999 | | 31.6subdivision 10. |
---|
1000 | 1000 | | 31.7 Sec. 27. Minnesota Statutes 2024, section 327.32, subdivision 7, is amended to read: |
---|
1001 | 1001 | | 31.8 Subd. 7.Enforcement.All jurisdictions enforcing the State Building Code, in accordance |
---|
1002 | 1002 | | 31.9with sections 326B.101 to 326B.151, shall undertake or provide for the administration and |
---|
1003 | 1003 | | 31.10enforcement of the manufactured home installation rules promulgated by the commissioner. |
---|
1004 | 1004 | | 31.11Municipalities which have adopted the State Building Code may provide installation |
---|
1005 | 1005 | | 31.12inspection and plan review services in noncode areas of the state without local building |
---|
1006 | 1006 | | 31.13code enforcement. |
---|
1007 | 1007 | | 31.14Sec. 28. Minnesota Statutes 2024, section 327.32, subdivision 8, is amended to read: |
---|
1008 | 1008 | | 31.15 Subd. 8.Evidence of compliance.Each manufacturer, distributor, and dealer shall |
---|
1009 | 1009 | | 31.16establish and maintain records, make reports, and provide information as the commissioner |
---|
1010 | 1010 | | 31.17or the secretary may reasonably require to be able to determine whether the manufacturer, |
---|
1011 | 1011 | | 31.18distributor, or dealer has acted or is acting in compliance with sections 327.31 to 327.35 |
---|
1012 | 1012 | | 31.19326B.21 to 326B.25, and shall, upon request of a person duly designated by the commissioner |
---|
1013 | 1013 | | 31.20or the secretary, permit that person to inspect appropriate books, papers, records, and |
---|
1014 | 1014 | | 31.21documents relevant to determining whether that manufacturer, distributor, or dealer has |
---|
1015 | 1015 | | 31.22acted or is acting in compliance with sections 327.31 to 327.35 326B.21 to 326B.25, and |
---|
1016 | 1016 | | 31.23the National Manufactured Home Construction and Safety Standards Act of 1974, United |
---|
1017 | 1017 | | 31.24States Code, title 42, section 5401, et seq., as amended by the National Manufactured |
---|
1018 | 1018 | | 31.25Housing Construction and Safety Standards Act, Title VI, Manufactured Housing |
---|
1019 | 1019 | | 31.26Improvement Act of 2000, or other applicable federal or state law. |
---|
1020 | 1020 | | 31.27Sec. 29. Minnesota Statutes 2024, section 327.33, subdivision 1, is amended to read: |
---|
1021 | 1021 | | 31.28 Subdivision 1.Inspections.The commissioner shall, through the department's inspectors |
---|
1022 | 1022 | | 31.29or through a designated recognized inspection service acting as authorized representative |
---|
1023 | 1023 | | 31.30of the commissioner perform sufficient inspections of manufacturing premises and |
---|
1024 | 1024 | | 31.31manufactured homes to ensure compliance with sections 327.31 to 327.35 326B.21 to |
---|
1025 | 1025 | | 31.32326B.25. The commissioner shall have the exclusive right to conduct inspections, except |
---|
1026 | 1026 | | 31.33for the inspections conducted or authorized by the secretary. |
---|
1027 | 1027 | | 31Article 2 Sec. 29. |
---|
1028 | 1028 | | REVISOR SS/HL 25-0015903/04/25 32.1 Sec. 30. Minnesota Statutes 2024, section 327.33, subdivision 2, is amended to read: |
---|
1029 | 1029 | | 32.2 Subd. 2.Fees.The commissioner shall may by rule establish reasonable fees for seals, |
---|
1030 | 1030 | | 32.3installation seals, shipment labels, resale decals, and inspections which are sufficient to |
---|
1031 | 1031 | | 32.4cover all costs incurred in the administration of sections 327.31 to 327.35 326B.21 to |
---|
1032 | 1032 | | 32.5326B.25. The commissioner shall may also establish by rule a monitoring inspection fee in |
---|
1033 | 1033 | | 32.6an amount that will comply with the secretary's fee distribution program. This monitoring |
---|
1034 | 1034 | | 32.7inspection fee shall be an amount paid by the manufacturer for each manufactured home |
---|
1035 | 1035 | | 32.8produced in Minnesota. The monitoring inspection fee shall be paid by the manufacturer |
---|
1036 | 1036 | | 32.9to the secretary. The rules of the fee distribution program require the secretary to distribute |
---|
1037 | 1037 | | 32.10the fees collected from all manufactured home manufacturers among states approved and |
---|
1038 | 1038 | | 32.11conditionally approved based on the number of new manufactured homes whose first location |
---|
1039 | 1039 | | 32.12after leaving the manufacturer is on the premises of a distributor, dealer or purchaser in that |
---|
1040 | 1040 | | 32.13state. Fees for inspections in areas that have not adopted the State Building Code must be |
---|
1041 | 1041 | | 32.14equal to the fees for inspections in code areas of the state. Third-party vendors may charge |
---|
1042 | 1042 | | 32.15their usual and normal charge for inspections. |
---|
1043 | 1043 | | 32.16Sec. 31. Minnesota Statutes 2024, section 327.33, subdivision 2a, is amended to read: |
---|
1044 | 1044 | | 32.17 Subd. 2a.Construction seal fees.Replacement manufactured home or accessory structure |
---|
1045 | 1045 | | 32.18construction seal fees, including certificates, are $30 $70 per seal. |
---|
1046 | 1046 | | 32.19Sec. 32. Minnesota Statutes 2024, section 327.33, subdivision 2b, is amended to read: |
---|
1047 | 1047 | | 32.20 Subd. 2b.Installation seal fees.Manufactured home installation seal fees, including |
---|
1048 | 1048 | | 32.21anchoring and support and including certificates, are $80 $130. |
---|
1049 | 1049 | | 32.22Sec. 33. Minnesota Statutes 2024, section 327.33, subdivision 2c, is amended to read: |
---|
1050 | 1050 | | 32.23 Subd. 2c.Temporary installation certificate fees.A temporary certificate fee is $2 |
---|
1051 | 1051 | | 32.24$15 per certificate. |
---|
1052 | 1052 | | 32.25Sec. 34. Minnesota Statutes 2024, section 327.33, is amended by adding a subdivision to |
---|
1053 | 1053 | | 32.26read: |
---|
1054 | 1054 | | 32.27 Subd. 2f.Shipment label fee.The shipment label fee is $75 for each transportable |
---|
1055 | 1055 | | 32.28section of a new manufactured home. The manufacturer's payment is due on the tenth day |
---|
1056 | 1056 | | 32.29of each month for the previous month's shipments. |
---|
1057 | 1057 | | 32Article 2 Sec. 34. |
---|
1058 | 1058 | | REVISOR SS/HL 25-0015903/04/25 33.1 Sec. 35. Minnesota Statutes 2024, section 327.33, is amended by adding a subdivision to |
---|
1059 | 1059 | | 33.2read: |
---|
1060 | 1060 | | 33.3 Subd. 2g.Used manufactured home resale decal fee.The used manufactured home |
---|
1061 | 1061 | | 33.4resale decal fee is $100 for every used home sold. |
---|
1062 | 1062 | | 33.5 Sec. 36. Minnesota Statutes 2024, section 327.33, is amended by adding a subdivision to |
---|
1063 | 1063 | | 33.6read: |
---|
1064 | 1064 | | 33.7 Subd. 2h.Installation plan review and inspection fee.The plan review and inspection |
---|
1065 | 1065 | | 33.8fee for the commissioner's plan review and inspection of new and used installed or reinstalled |
---|
1066 | 1066 | | 33.9manufactured homes and manufactured home accessory structures in areas of the state |
---|
1067 | 1067 | | 33.10without local building code enforcement is $1,200. |
---|
1068 | 1068 | | 33.11Sec. 37. Minnesota Statutes 2024, section 327.33, subdivision 3, is amended to read: |
---|
1069 | 1069 | | 33.12 Subd. 3.Administration and enforcement rules.The commissioner may adopt other |
---|
1070 | 1070 | | 33.13rules as may be necessary to administer and enforce sections 327.31 to 327.35 326B.21 to |
---|
1071 | 1071 | | 33.14326B.25. The rules shall, to the extent practicable, be uniform with those adopted by other |
---|
1072 | 1072 | | 33.15states. All rules shall be adopted in the manner prescribed by sections 14.001 to 14.69. |
---|
1073 | 1073 | | 33.16Sec. 38. Minnesota Statutes 2024, section 327.33, subdivision 7, is amended to read: |
---|
1074 | 1074 | | 33.17 Subd. 7.Employees.The commissioner may appoint such employees within the |
---|
1075 | 1075 | | 33.18Department of Labor and Industry as deemed necessary for the administration of sections |
---|
1076 | 1076 | | 33.19327.31 to 327.35 326B.21 to 326B.25. |
---|
1077 | 1077 | | 33.20Sec. 39. Minnesota Statutes 2024, section 327.34, subdivision 1, is amended to read: |
---|
1078 | 1078 | | 33.21 Subdivision 1.Generally.It shall be a misdemeanor for any person, |
---|
1079 | 1079 | | 33.22 (a) to sell, lease, or offer to sell or lease, any manufactured home manufactured after |
---|
1080 | 1080 | | 33.23June 14, 1976, which does not comply with the Manufactured Home Building Code or |
---|
1081 | 1081 | | 33.24which does not bear a seal or label as required by sections 327.31 to 327.34 326B.21 to |
---|
1082 | 1082 | | 33.25326B.24, unless the action is subject to the provisions of section 327.35 326B.25; |
---|
1083 | 1083 | | 33.26 (b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured |
---|
1084 | 1084 | | 33.27home which does not comply with the Manufactured Home Building Code unless the action |
---|
1085 | 1085 | | 33.28is subject to the provisions of section 327.35 326B.25; |
---|
1086 | 1086 | | 33.29 (c) to alter a manufactured home manufactured after June 14, 1976, in a manner prohibited |
---|
1087 | 1087 | | 33.30by sections 327.31 to 327.34 326B.21 to 326B.24; or |
---|
1088 | 1088 | | 33Article 2 Sec. 39. |
---|
1089 | 1089 | | REVISOR SS/HL 25-0015903/04/25 34.1 (d) to fail to correct a Manufactured Home Building Code violation in a manufactured |
---|
1090 | 1090 | | 34.2home manufactured after June 14, 1976, which is owned, manufactured, or sold by that |
---|
1091 | 1091 | | 34.3person, within 40 days of being ordered to do so in writing by an authorized representative |
---|
1092 | 1092 | | 34.4of the commissioner, unless the correction is subject to the provisions of section 327.35 |
---|
1093 | 1093 | | 34.5326B.25. |
---|
1094 | 1094 | | 34.6 Sec. 40. Minnesota Statutes 2024, section 327.35, subdivision 1, is amended to read: |
---|
1095 | 1095 | | 34.7 Subdivision 1.Monetary penalty.Notwithstanding the penalty amount of section |
---|
1096 | 1096 | | 34.8326B.082, subdivisions 7 and 12, any person who violates any provision of this section is |
---|
1097 | 1097 | | 34.9liable to the state of Minnesota for a monetary penalty of not to exceed $1,000 under the |
---|
1098 | 1098 | | 34.10rules adopted by and pursuant to the federal Manufactured Home Construction and Safety |
---|
1099 | 1099 | | 34.11Standards Act of 1974, United States Code, title 42, section 5401, et seq., Code of Federal |
---|
1100 | 1100 | | 34.12Regulations, title 24, section 3282.10, as amended, for each violation. Each violation |
---|
1101 | 1101 | | 34.13involving a separate manufactured home or involving a separate failure or refusal to allow |
---|
1102 | 1102 | | 34.14or perform any act required by this section constitutes a separate violation, except that the |
---|
1103 | 1103 | | 34.15maximum monetary penalties for any related series of violations occurring within one year |
---|
1104 | 1104 | | 34.16from the date of the first violation may not exceed $1,000,000. |
---|
1105 | 1105 | | 34.17Sec. 41. Minnesota Statutes 2024, section 327B.01, subdivision 1, is amended to read: |
---|
1106 | 1106 | | 34.18 Subdivision 1.Terms.As used in sections 327B.01 to 327B.12 326B.601 to 326B.612 |
---|
1107 | 1107 | | 34.19the terms defined in this section have the meanings given them. |
---|
1108 | 1108 | | 34.20Sec. 42. Minnesota Statutes 2024, section 327B.01, is amended by adding a subdivision |
---|
1109 | 1109 | | 34.21to read: |
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1110 | 1110 | | 34.22 Subd. 1a.Authorized representative."Authorized representative" means a person, |
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1111 | 1111 | | 34.23firm, or corporation, or employee of a firm or corporation, approved or hired by the |
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1112 | 1112 | | 34.24commissioner of labor and industry. |
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1113 | 1113 | | 34.25Sec. 43. Minnesota Statutes 2024, section 327B.01, subdivision 7, is amended to read: |
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1114 | 1114 | | 34.26 Subd. 7.Dealer or retailer."Dealer" or "retailer" means any person who engages in |
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1115 | 1115 | | 34.27the business, either exclusively or in addition to any other occupation, of selling, leasing, |
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1116 | 1116 | | 34.28distributing, or brokering manufactured homes, new or used, or who offers to sell, solicit, |
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1117 | 1117 | | 34.29broker or advertise the sale of manufactured homes, new or used, primarily to persons who |
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1118 | 1118 | | 34.30purchase or lease for other than resale. |
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1119 | 1119 | | 34Article 2 Sec. 43. |
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1120 | 1120 | | REVISOR SS/HL 25-0015903/04/25 35.1 Sec. 44. Minnesota Statutes 2024, section 327B.01, is amended by adding a subdivision |
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1121 | 1121 | | 35.2to read: |
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1122 | 1122 | | 35.3 Subd. 7a.Distributor."Distributor" means a person engaged in the sale and distribution |
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1123 | 1123 | | 35.4of manufactured homes for resale. |
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1124 | 1124 | | 35.5 Sec. 45. Minnesota Statutes 2024, section 327B.01, is amended by adding a subdivision |
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1125 | 1125 | | 35.6to read: |
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1126 | 1126 | | 35.7 Subd. 10b.Installation."Installation" of a manufactured home means installation or |
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1127 | 1127 | | 35.8reinstallation, at the site of occupancy, of all portions of a manufactured home, connection |
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1128 | 1128 | | 35.9of the manufactured home to existing utility connections, and installation of support and |
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1129 | 1129 | | 35.10anchoring systems. |
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1130 | 1130 | | 35.11Sec. 46. Minnesota Statutes 2024, section 327B.01, subdivision 11a, is amended to read: |
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1131 | 1131 | | 35.12 Subd. 11a.Licensee."Licensee" means a person who is licensed as a dealer, limited |
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1132 | 1132 | | 35.13dealer, or manufacturer, or salesperson by the Department of Labor and Industry. |
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1133 | 1133 | | 35.14Sec. 47. Minnesota Statutes 2024, section 327B.01, is amended by adding a subdivision |
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1134 | 1134 | | 35.15to read: |
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1135 | 1135 | | 35.16 Subd. 13c.Manufactured home installer."Manufactured home installer" means a |
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1136 | 1136 | | 35.17person, firm, or corporation that installs or repairs a manufactured home for others at the |
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1137 | 1137 | | 35.18site of occupancy. |
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1138 | 1138 | | 35.19Sec. 48. Minnesota Statutes 2024, section 327B.01, is amended by adding a subdivision |
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1139 | 1139 | | 35.20to read: |
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1140 | 1140 | | 35.21 Subd. 17a.Purchaser."Purchaser" means the first individual purchasing a manufactured |
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1141 | 1141 | | 35.22home in good faith for purposes other than resale. |
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1142 | 1142 | | 35.23Sec. 49. Minnesota Statutes 2024, section 327B.01, subdivision 19, is amended to read: |
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1143 | 1143 | | 35.24 Subd. 19.Salesperson."Salesperson" means a person who acts on behalf of a dealer in |
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1144 | 1144 | | 35.25performing any act which that sections 327B.01 to 327B.12 326B.601 to 326B.612 authorize |
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1145 | 1145 | | 35.26or require to be performed by a dealer. |
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1146 | 1146 | | 35Article 2 Sec. 49. |
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1147 | 1147 | | REVISOR SS/HL 25-0015903/04/25 36.1 Sec. 50. Minnesota Statutes 2024, section 327B.03, is amended to read: |
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1148 | 1148 | | 36.2 327B.03 WARRANTIES; DURATION, HONORING. |
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1149 | 1149 | | 36.3 Subdivision 1.Duration.The warranties implied by section 327B.02 326B.602 shall |
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1150 | 1150 | | 36.4run for a period of one year from the date of delivery of the manufactured home to the |
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1151 | 1151 | | 36.5consumer customer. |
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1152 | 1152 | | 36.6 Subd. 2.Notice and cooperation by buyer.To invoke either a warranty implied by |
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1153 | 1153 | | 36.7section 327B.02 326B.602 or an express warranty made by the manufacturer the buyer must |
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1154 | 1154 | | 36.8notify the dealer and the manufacturer within a reasonable time after discovering the breach |
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1155 | 1155 | | 36.9and not later than 90 days after the expiration of the warranty. To invoke an express warranty |
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1156 | 1156 | | 36.10made by the dealer, the buyer must notify the dealer within a reasonable time after |
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1157 | 1157 | | 36.11discovering the breach and not later than 90 days after the expiration of the warranty. After |
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1158 | 1158 | | 36.12giving the notice the buyer must allow reasonable opportunity for the service or repair. |
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1159 | 1159 | | 36.13 Subd. 3.Responsibility to honor.The manufacturer and dealer, jointly and severally, |
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1160 | 1160 | | 36.14shall service or repair a manufactured home at its site within a reasonable time after receiving |
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1161 | 1161 | | 36.15written notice of breach of either a warranty implied by section 327B.02 326B.602 or an |
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1162 | 1162 | | 36.16express warranty made by the manufacturer. The dealer shall service or repair a manufactured |
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1163 | 1163 | | 36.17home at its site within a reasonable time after receiving written notice of breach of an express |
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1164 | 1164 | | 36.18warranty made by the dealer. |
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1165 | 1165 | | 36.19Sec. 51. Minnesota Statutes 2024, section 327B.04, subdivision 3, is amended to read: |
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1166 | 1166 | | 36.20 Subd. 3.License application; manufacturer and dealer.Application for a license to |
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1167 | 1167 | | 36.21act as a manufacturer or dealer and its renewal shall be made to the commissioner, shall be |
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1168 | 1168 | | 36.22in writing, and duly verified by oath. The applicant shall submit any information required |
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1169 | 1169 | | 36.23by the commissioner, upon forms provided by the commissioner for that purpose, including: |
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1170 | 1170 | | 36.24 (a) proof of identity; |
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1171 | 1171 | | 36.25 (b) the name under which the applicant will be licensed and do business in this state; |
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1172 | 1172 | | 36.26 (c) the applicant's type and place of business; |
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1173 | 1173 | | 36.27 (d) the name, home and business address of the applicant's directors, officers, limited |
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1174 | 1174 | | 36.28and general partners, controlling shareholders and affiliates; |
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1175 | 1175 | | 36.29 (e) whether the applicant, or any of its directors, officers, limited or general partners, |
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1176 | 1176 | | 36.30controlling shareholders or affiliates, has been convicted of a crime within the previous ten |
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1177 | 1177 | | 36.31years that either related directly to the business for which the license is sought or involved |
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1178 | 1178 | | 36.32fraud, misrepresentation or misuse of funds, or has suffered a judgment in a civil action |
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1179 | 1179 | | 36Article 2 Sec. 51. |
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1180 | 1180 | | REVISOR SS/HL 25-0015903/04/25 37.1involving fraud, misrepresentation, or conversion within the previous five years or has had |
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1181 | 1181 | | 37.2any government license or permit suspended or revoked as a result of an action brought by |
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1182 | 1182 | | 37.3a federal or state governmental agency in this or any other state within the last five years; |
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1183 | 1183 | | 37.4and |
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1184 | 1184 | | 37.5 (f) the applicant's qualifications and business history, including whether the applicant, |
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1185 | 1185 | | 37.6or any of its directors, officers, limited or general partners, controlling shareholders or |
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1186 | 1186 | | 37.7affiliates has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments |
---|
1187 | 1187 | | 37.8outstanding against it or them. |
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1188 | 1188 | | 37.9 Sec. 52. Minnesota Statutes 2024, section 327B.04, is amended by adding a subdivision |
---|
1189 | 1189 | | 37.10to read: |
---|
1190 | 1190 | | 37.11 Subd. 3a.License application salesperson.Application for a license to act as a |
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1191 | 1191 | | 37.12salesperson and application for license renewal shall be made to the commissioner, in |
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1192 | 1192 | | 37.13writing, and duly verified by oath. The applicant shall submit information required by the |
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1193 | 1193 | | 37.14commissioner, upon forms provided by the commissioner for that purpose, including: |
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1194 | 1194 | | 37.15 (1) the applicant's name; |
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1195 | 1195 | | 37.16 (2) the name of the dealer for which the salesperson works; |
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1196 | 1196 | | 37.17 (3) the dealer's license number and the dealer's place of business address; |
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1197 | 1197 | | 37.18 (4) the applicant's home address and phone number; |
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1198 | 1198 | | 37.19 (5) the applicant's first day of employment with the dealer; |
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1199 | 1199 | | 37.20 (6) whether the applicant has: (i) been convicted of a crime within the previous ten years |
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1200 | 1200 | | 37.21that either related directly to the business for which the license is sought or involved fraud |
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1201 | 1201 | | 37.22or misrepresentation or misuse of funds; (ii) suffered a judgment in a civil action involving |
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1202 | 1202 | | 37.23fraud, misrepresentation, or conversion within the previous five years; or (iii) had any |
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1203 | 1203 | | 37.24government license or permit suspended or revoked as a result of an action brought by a |
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1204 | 1204 | | 37.25federal or state governmental agency in this or any other state within the last five years; |
---|
1205 | 1205 | | 37.26 (7) whether the applicant has ever been adjudged bankrupt or insolvent, or has any |
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1206 | 1206 | | 37.27unsatisfied court judgments outstanding against the applicant or business; |
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1207 | 1207 | | 37.28 (8) whether the applicant intends to sell new or used manufactured homes, or broker the |
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1208 | 1208 | | 37.29sale of new or used manufactured homes; and |
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1209 | 1209 | | 37.30 (9) whether the applicant has completed seven hours of training provided by the |
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1210 | 1210 | | 37.31commissioner in the sale of manufactured homes. |
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1211 | 1211 | | 37Article 2 Sec. 52. |
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1212 | 1212 | | REVISOR SS/HL 25-0015903/04/25 38.1 Sec. 53. Minnesota Statutes 2024, section 327B.04, subdivision 4, is amended to read: |
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1213 | 1213 | | 38.2 Subd. 4.License prerequisites.No application shall be granted nor license issued to |
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1214 | 1214 | | 38.3act as a manufacturer or dealer until the applicant proves to the commissioner that: |
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1215 | 1215 | | 38.4 (a) the applicant has a permanent, established place of business at each licensed location. |
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1216 | 1216 | | 38.5An "established place of business" means a permanent enclosed building other than a |
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1217 | 1217 | | 38.6residence, or a commercial office space, either owned by the applicant or leased by the |
---|
1218 | 1218 | | 38.7applicant for a term of at least one year, located in an area where zoning regulations allow |
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1219 | 1219 | | 38.8commercial activity, and where the books, records and files necessary to conduct the business |
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1220 | 1220 | | 38.9are kept and maintained. The owner of a licensed manufactured home park who resides in |
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1221 | 1221 | | 38.10or adjacent to the park may use the residence as the established place of business required |
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1222 | 1222 | | 38.11by this subdivision, unless prohibited by local zoning ordinance. |
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1223 | 1223 | | 38.12 If a license is granted, the licensee may use unimproved lots and premises for sale, |
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1224 | 1224 | | 38.13storage, and display of manufactured homes, if the licensee first notifies the commissioner |
---|
1225 | 1225 | | 38.14in writing; |
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1226 | 1226 | | 38.15 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured |
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1227 | 1227 | | 38.16homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor |
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1228 | 1228 | | 38.17of the new manufactured home it proposes to deal in; |
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1229 | 1229 | | 38.18 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for each agency |
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1230 | 1230 | | 38.19and each subagency location that bears the applicant's name and the name under which the |
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1231 | 1231 | | 38.20applicant will be licensed and do business in this state. Each bond is for the protection of |
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1232 | 1232 | | 38.21consumer customers, and must be executed by the applicant as principal and issued by a |
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1233 | 1233 | | 38.22surety company admitted to do business in this state. Each bond shall be exclusively for the |
---|
1234 | 1234 | | 38.23purpose of reimbursing consumer customers and shall be conditioned upon the faithful |
---|
1235 | 1235 | | 38.24compliance by the applicant with all of the laws and rules of this state pertaining to the |
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1236 | 1236 | | 38.25applicant's business as a dealer or manufacturer, including sections 325D.44, 325F.67 and |
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1237 | 1237 | | 38.26325F.69, and upon the applicant's faithful performance of all its legal obligations to consumer |
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1238 | 1238 | | 38.27customers; and (2) a certificate of liability insurance in the amount of $1,000,000 that |
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1239 | 1239 | | 38.28provides aggregate coverage for the agency and each subagency location. In the event of a |
---|
1240 | 1240 | | 38.29policy cancellation, the insurer shall send written notice to the commissioner at the same |
---|
1241 | 1241 | | 38.30time that a cancellation request is received from or a notice is sent to the insured; |
---|
1242 | 1242 | | 38.31 (d) the applicant has established a trust account as required by section 327B.08 326B.608, |
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1243 | 1243 | | 38.32subdivision 3, unless the applicant states in writing its intention to limit its business to |
---|
1244 | 1244 | | 38.33selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and |
---|
1245 | 1245 | | 38Article 2 Sec. 53. |
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1246 | 1246 | | REVISOR SS/HL 25-0015903/04/25 39.1 (e) the applicant has provided evidence of having had at least two years' prior experience |
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1247 | 1247 | | 39.2in the sale of manufactured homes, working for a licensed dealer. The applicant does not |
---|
1248 | 1248 | | 39.3have to satisfy the two-year prior experience requirement if: |
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1249 | 1249 | | 39.4 (1) the applicant sells or brokers used manufactured homes as permitted under section |
---|
1250 | 1250 | | 39.5327B.01 326B.601, subdivision 7; or |
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1251 | 1251 | | 39.6 (2) the applicant: |
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1252 | 1252 | | 39.7 (i) has met all other licensing requirements; |
---|
1253 | 1253 | | 39.8 (ii) is the owner of a manufactured home park; and |
---|
1254 | 1254 | | 39.9 (iii) is selling new manufactured homes installed in the manufactured home park that |
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1255 | 1255 | | 39.10the applicant owns. |
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1256 | 1256 | | 39.11Sec. 54. Minnesota Statutes 2024, section 327B.04, subdivision 5, is amended to read: |
---|
1257 | 1257 | | 39.12 Subd. 5.Exemption for real estate brokers and salespeople.Any person licensed as |
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1258 | 1258 | | 39.13a real estate broker or salesperson under chapter 82 who brokers the sale of used |
---|
1259 | 1259 | | 39.14manufactured homes is not required to obtain a license or a bond as required by this section, |
---|
1260 | 1260 | | 39.15but is subject to all other provisions of sections 327B.01 to 327B.12 326B.601 to 326B.612. |
---|
1261 | 1261 | | 39.16Any real estate broker or salesperson who violates a provision of sections 327B.06 to |
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1262 | 1262 | | 39.17327B.09 326B.606 to 326B.609 in selling or offering for sale a used manufactured home |
---|
1263 | 1263 | | 39.18shall be deemed to have violated a provision of chapter 82. |
---|
1264 | 1264 | | 39.19Sec. 55. Minnesota Statutes 2024, section 327B.04, subdivision 6, is amended to read: |
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1265 | 1265 | | 39.20 Subd. 6.Certificate of license; manufacturer and dealer.For each license granted to |
---|
1266 | 1266 | | 39.21act as a manufacturer or dealer the commissioner shall issue a certificate which includes |
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1267 | 1267 | | 39.22the name of the licensee, the name of the surety company and the amount of the surety bond, |
---|
1268 | 1268 | | 39.23and the insurance underwriter and policy number, the names and addresses of any related |
---|
1269 | 1269 | | 39.24principal or subagencies, and a license number. |
---|
1270 | 1270 | | 39.25Sec. 56. Minnesota Statutes 2024, section 327B.04, is amended by adding a subdivision |
---|
1271 | 1271 | | 39.26to read: |
---|
1272 | 1272 | | 39.27 Subd. 6a.Certificate of license; salesperson.For each license granted to act as a |
---|
1273 | 1273 | | 39.28salesperson, the commissioner shall issue a certificate that includes the name of the licensee, |
---|
1274 | 1274 | | 39.29the licensee's license number, the dealer's doing business as name, the dealer's place of |
---|
1275 | 1275 | | 39.30business address, and the dealer's license number. |
---|
1276 | 1276 | | 39Article 2 Sec. 56. |
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1277 | 1277 | | REVISOR SS/HL 25-0015903/04/25 40.1 Sec. 57. Minnesota Statutes 2024, section 327B.04, subdivision 7, is amended to read: |
---|
1278 | 1278 | | 40.2 Subd. 7.Licenses; renewal.In addition to the requirements of this section, each |
---|
1279 | 1279 | | 40.3application for a license or license renewal must be accompanied by all applicable fees |
---|
1280 | 1280 | | 40.4required by section 326B.092. The fees shall be set in an amount which over the fiscal |
---|
1281 | 1281 | | 40.5biennium will produce revenues approximately equal to the expenses which the commissioner |
---|
1282 | 1282 | | 40.6expects to incur during that fiscal biennium while administering and enforcing sections |
---|
1283 | 1283 | | 40.7327B.01 to 327B.12 326B.601 to 326B.612. If the license is granted, the commissioner |
---|
1284 | 1284 | | 40.8shall license the applicant as a dealer or manufacturer for the remainder of the licensure |
---|
1285 | 1285 | | 40.9period. Upon application by the licensee, the commissioner shall renew the license for a |
---|
1286 | 1286 | | 40.10two-year period, if: |
---|
1287 | 1287 | | 40.11 (1) the renewal application satisfies the requirements of subdivisions 3 and 4; |
---|
1288 | 1288 | | 40.12 (2) the renewal applicant has made all listings, registrations, notices and reports required |
---|
1289 | 1289 | | 40.13by the commissioner during the preceding licensure period; and |
---|
1290 | 1290 | | 40.14 (3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 327B.12 |
---|
1291 | 1291 | | 40.15326B.601 to 326B.612 and all taxes, arrearages, and penalties owed to the state. |
---|
1292 | 1292 | | 40.16Sec. 58. Minnesota Statutes 2024, section 327B.04, subdivision 7a, is amended to read: |
---|
1293 | 1293 | | 40.17 Subd. 7a.Fees.(a) Fees for licenses issued pursuant to this section shall be calculated |
---|
1294 | 1294 | | 40.18pursuant to section 326B.092. for two years and the following fees apply: |
---|
1295 | 1295 | | 40.19 (1) manufacturer's license and dealer's license, $180; |
---|
1296 | 1296 | | 40.20 (2) dealer's subagency license, $80; |
---|
1297 | 1297 | | 40.21 (3) limited dealer's license, $100; and |
---|
1298 | 1298 | | 40.22 (4) salesperson's license, $80. |
---|
1299 | 1299 | | 40.23 (b) All initial limited dealer licenses shall be effective for more than one calendar year |
---|
1300 | 1300 | | 40.24and shall expire on December 31 of the year after the year in which the application is made. |
---|
1301 | 1301 | | 40.25 (c) For the purposes of calculating fees under section 326B.092, any license issued under |
---|
1302 | 1302 | | 40.26this section is a business license, except that a subagency license is a master license. The |
---|
1303 | 1303 | | 40.27commissioner shall in a manner determined by the commissioner, without the need for any |
---|
1304 | 1304 | | 40.28rulemaking under chapter 14, phase in the renewal of limited dealer licenses from one year |
---|
1305 | 1305 | | 40.29to two years. By June 30, 2011, all renewed limited dealer licenses shall be two-year licenses. |
---|
1306 | 1306 | | 40Article 2 Sec. 58. |
---|
1307 | 1307 | | REVISOR SS/HL 25-0015903/04/25 41.1 Sec. 59. Minnesota Statutes 2024, section 327B.041, is amended to read: |
---|
1308 | 1308 | | 41.2 327B.041 MANUFACTURED HOME INSTALLERS. |
---|
1309 | 1309 | | 41.3 (a) Manufactured home installers are subject to all of the fees in section 326B.092 and |
---|
1310 | 1310 | | 41.4the requirements of sections 326B.802 to 326B.885, except for the following: |
---|
1311 | 1311 | | 41.5 (1) manufactured home installers are not subject to the continuing education requirements |
---|
1312 | 1312 | | 41.6of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education |
---|
1313 | 1313 | | 41.7requirements established in rules adopted under section 327B.10 326B.610; |
---|
1314 | 1314 | | 41.8 (2) the examination requirement of section 326B.83, subdivision 3, for manufactured |
---|
1315 | 1315 | | 41.9home installers shall be satisfied by successful completion of a written examination |
---|
1316 | 1316 | | 41.10administered and developed specifically for the examination of manufactured home installers. |
---|
1317 | 1317 | | 41.11The examination must be administered and developed by the commissioner. The |
---|
1318 | 1318 | | 41.12commissioner and the state building official shall seek advice on the grading, monitoring, |
---|
1319 | 1319 | | 41.13and updating of examinations from the Minnesota Manufactured Housing Association; |
---|
1320 | 1320 | | 41.14 (3) a local government unit may not place a surcharge on a license fee, and may not |
---|
1321 | 1321 | | 41.15charge a separate fee to installers; |
---|
1322 | 1322 | | 41.16 (4) a dealer or distributor who does not install or repair manufactured homes is exempt |
---|
1323 | 1323 | | 41.17from licensure under sections 326B.802 to 326B.885; |
---|
1324 | 1324 | | 41.18 (5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply; |
---|
1325 | 1325 | | 41.19and |
---|
1326 | 1326 | | 41.20 (6) manufactured home installers are not subject to the contractor recovery fund in |
---|
1327 | 1327 | | 41.21section 326B.89. |
---|
1328 | 1328 | | 41.22 (b) The commissioner may waive all or part of the requirements for licensure as a |
---|
1329 | 1329 | | 41.23manufactured home installer for any individual who holds an unexpired license or certificate |
---|
1330 | 1330 | | 41.24issued by any other state or other United States jurisdiction if the licensing requirements of |
---|
1331 | 1331 | | 41.25that jurisdiction meet or exceed the corresponding licensing requirements of the department |
---|
1332 | 1332 | | 41.26and the individual complies with section 326B.092, subdivisions 1 and 3 to 7. |
---|
1333 | 1333 | | 41.27Sec. 60. Minnesota Statutes 2024, section 327B.042, subdivision 1, is amended to read: |
---|
1334 | 1334 | | 41.28 Subdivision 1.Notification.A person licensed as a dealer, limited dealer, salesperson, |
---|
1335 | 1335 | | 41.29or manufacturer shall notify the commissioner of the occurrence of any of the events in |
---|
1336 | 1336 | | 41.30subdivisions 2 to 5. |
---|
1337 | 1337 | | 41Article 2 Sec. 60. |
---|
1338 | 1338 | | REVISOR SS/HL 25-0015903/04/25 42.1 Sec. 61. Minnesota Statutes 2024, section 327B.042, subdivision 2, is amended to read: |
---|
1339 | 1339 | | 42.2 Subd. 2.Change in application information.A licensee shall notify the commissioner |
---|
1340 | 1340 | | 42.3in writing within ten days of the change of any change in information contained in the most |
---|
1341 | 1341 | | 42.4recent license application on file with the commissioner, which shall include any change |
---|
1342 | 1342 | | 42.5in the information pertaining to the individual designated under section 327B.04 326B.604, |
---|
1343 | 1343 | | 42.6subdivision 8, clause (1), item (vi). |
---|
1344 | 1344 | | 42.7 Sec. 62. Minnesota Statutes 2024, section 327B.05, subdivision 1, is amended to read: |
---|
1345 | 1345 | | 42.8 Subdivision 1.Grounds.In addition to the grounds in section 326B.082, subdivision |
---|
1346 | 1346 | | 42.911, the commissioner may by order deny, suspend, limit, place conditions on, or revoke the |
---|
1347 | 1347 | | 42.10application or license of any applicant or licensee or any of its directors, officers, limited |
---|
1348 | 1348 | | 42.11or general partners, controlling shareholders, or affiliates for any of the following grounds: |
---|
1349 | 1349 | | 42.12 (a) (1) has violated any of the provisions of sections 327B.01 to 327B.12 326B.601 to |
---|
1350 | 1350 | | 42.13326B.612 or any rule or order issued by the commissioner or any prior law providing for |
---|
1351 | 1351 | | 42.14the licensing of manufactured home dealers, salespersons, or manufacturers; |
---|
1352 | 1352 | | 42.15 (b) (2) has had a previous manufacturer, salesperson, or dealer license revoked in this |
---|
1353 | 1353 | | 42.16or any other state; |
---|
1354 | 1354 | | 42.17 (c) (3) has engaged in acts or omissions which have been adjudicated or amount to a |
---|
1355 | 1355 | | 42.18violation of any of the provisions of section 325D.44, 325F.67 or 325F.69; |
---|
1356 | 1356 | | 42.19 (d) (4) has sold or brokered the sale of a home containing a material violation of sections |
---|
1357 | 1357 | | 42.20327.31 to 327.35 about which 326B.21 to 326B.25 that the dealer or salesperson knew of |
---|
1358 | 1358 | | 42.21or which should have been obvious to a reasonably prudent dealer could have known of |
---|
1359 | 1359 | | 42.22with the exercise of reasonable diligence; |
---|
1360 | 1360 | | 42.23 (e) (5) has failed to make or provide all listings, notices and reports required by the |
---|
1361 | 1361 | | 42.24commissioner; |
---|
1362 | 1362 | | 42.25 (f) (6) has failed to pay a civil penalty assessed under subdivision 5 within ten days after |
---|
1363 | 1363 | | 42.26the assessment becomes final; |
---|
1364 | 1364 | | 42.27 (g) (7) has failed to pay to the commissioner or other responsible government agency |
---|
1365 | 1365 | | 42.28all taxes, fees and arrearages due; |
---|
1366 | 1366 | | 42.29 (h) (8) has failed to duly apply for license renewal; |
---|
1367 | 1367 | | 42.30 (i) (9) has violated any applicable manufactured home building or safety code; |
---|
1368 | 1368 | | 42Article 2 Sec. 62. |
---|
1369 | 1369 | | REVISOR SS/HL 25-0015903/04/25 43.1 (j) (10) has failed or refused to honor any express or implied warranty as provided in |
---|
1370 | 1370 | | 43.2section 327B.03 326B.603; |
---|
1371 | 1371 | | 43.3 (k) (11) has failed to continuously occupy a permanent, established place of business |
---|
1372 | 1372 | | 43.4licensed under section 327B.04 326B.604; |
---|
1373 | 1373 | | 43.5 (l) (12) has, without first notifying the commissioner, sold a new and unused |
---|
1374 | 1374 | | 43.6manufactured home other than the make of manufactured home described in a franchise or |
---|
1375 | 1375 | | 43.7contract filed with the application for license or license renewal; |
---|
1376 | 1376 | | 43.8 (m) (13) has wrongfully failed to deliver a certificate of title to a person entitled to it; |
---|
1377 | 1377 | | 43.9 (n) (14) is insolvent or bankrupt; |
---|
1378 | 1378 | | 43.10 (o) (15) holds an impaired or canceled bond; |
---|
1379 | 1379 | | 43.11 (p) (16) has failed to notify the commissioner of bankruptcy proceedings within ten days |
---|
1380 | 1380 | | 43.12after a petition in bankruptcy has been filed by or against the dealer, salesperson, or |
---|
1381 | 1381 | | 43.13manufacturer; |
---|
1382 | 1382 | | 43.14 (q) (17) has, within the previous ten years, been convicted of a crime that either related |
---|
1383 | 1383 | | 43.15directly to the business of the dealer, salesperson, or manufacturer or involved fraud, |
---|
1384 | 1384 | | 43.16misrepresentation or misuse of funds; |
---|
1385 | 1385 | | 43.17 (r) (18) has suffered a judgment within the previous five years in a civil action involving |
---|
1386 | 1386 | | 43.18fraud, misrepresentation or misuse of funds; or |
---|
1387 | 1387 | | 43.19 (s) (19) has failed to reasonably supervise any employee or agent of the dealer or |
---|
1388 | 1388 | | 43.20manufacturer, resulting in injury or harm to the public. |
---|
1389 | 1389 | | 43.21 The commissioner may establish rules pursuant to section 327B.10 326B.610 further |
---|
1390 | 1390 | | 43.22specifying, defining or establishing standards of conduct for manufactured home dealers, |
---|
1391 | 1391 | | 43.23salespersons, and manufacturers. |
---|
1392 | 1392 | | 43.24Sec. 63. Minnesota Statutes 2024, section 327B.06, subdivision 2, is amended to read: |
---|
1393 | 1393 | | 43.25 Subd. 2.Examination of records.The commissioner may make examinations within |
---|
1394 | 1394 | | 43.26or without this state of each dealer's records at such reasonable time and in such scope as |
---|
1395 | 1395 | | 43.27is necessary to enforce the provisions of sections 327B.01 to 327B.12 326B.601 to 326B.612. |
---|
1396 | 1396 | | 43.28Sec. 64. Minnesota Statutes 2024, section 327B.08, subdivision 1, is amended to read: |
---|
1397 | 1397 | | 43.29 Subdivision 1.Disclosure required.Prior to the consummation of the sale of any |
---|
1398 | 1398 | | 43.30manufactured home where a dealer or salesperson acts as a broker, the dealer or salesperson |
---|
1399 | 1399 | | 43Article 2 Sec. 64. |
---|
1400 | 1400 | | REVISOR SS/HL 25-0015903/04/25 44.1shall disclose in writing to all parties to the transaction all charges, payments, commissions |
---|
1401 | 1401 | | 44.2and other fees paid or payable in connection with the transaction. Any commission charged |
---|
1402 | 1402 | | 44.3by the dealer or salesperson shall be expressed both as a dollar amount and as a percentage |
---|
1403 | 1403 | | 44.4of the sales price. If the home being sold is located in a manufactured home park, prior to |
---|
1404 | 1404 | | 44.5the buyer's signing of the purchase agreement the dealer or salesperson shall disclose in |
---|
1405 | 1405 | | 44.6writing to the buyer the state law concerning the in park sale of manufactured homes. This |
---|
1406 | 1406 | | 44.7subdivision does not require any dealer or salesperson to disclose any consideration received |
---|
1407 | 1407 | | 44.8(1) for having acted as an insurance agent, as defined in section 60A.02, subdivision 7, in |
---|
1408 | 1408 | | 44.9connection with the transaction, or (2) in return for the dealer or salesperson having agreed |
---|
1409 | 1409 | | 44.10to any contingent liability in connection with the financing of the sale. The commissioner |
---|
1410 | 1410 | | 44.11may prescribe a form to be used to comply with this subdivision and may require all dealers |
---|
1411 | 1411 | | 44.12and salespersons to use that form. |
---|
1412 | 1412 | | 44.13Sec. 65. Minnesota Statutes 2024, section 327B.09, subdivision 1, is amended to read: |
---|
1413 | 1413 | | 44.14 Subdivision 1.License required.No person shall engage in the business, either |
---|
1414 | 1414 | | 44.15exclusively or in addition to any other occupation of manufacturing, selling, offering to sell, |
---|
1415 | 1415 | | 44.16soliciting or advertising the sale of manufactured homes, or act as a broker without being |
---|
1416 | 1416 | | 44.17licensed as a manufacturer, salesperson, or a dealer as provided in section 327B.04 326B.604. |
---|
1417 | 1417 | | 44.18Any person who manufactures, sells, offers to sell, solicits or advertises the sale of |
---|
1418 | 1418 | | 44.19manufactured homes, or acts as a broker in violation of this subdivision shall nevertheless |
---|
1419 | 1419 | | 44.20be subject to the duties, prohibitions and penalties imposed by sections 327B.01 to 327B.12 |
---|
1420 | 1420 | | 44.21326B.601 to 326B.612. This chapter does not prohibit either an individual from reselling, |
---|
1421 | 1421 | | 44.22without a license, a manufactured home which is or has been the individual's residence or |
---|
1422 | 1422 | | 44.23any bank, savings bank, savings association, or credit union, chartered by either this state |
---|
1423 | 1423 | | 44.24or the federal government, from reselling, without a license, a repossessed manufactured |
---|
1424 | 1424 | | 44.25home. |
---|
1425 | 1425 | | 44.26Sec. 66. Minnesota Statutes 2024, section 327B.09, subdivision 2, is amended to read: |
---|
1426 | 1426 | | 44.27 Subd. 2.Advertising.No person shall advertise as a manufactured home dealer, |
---|
1427 | 1427 | | 44.28salesperson, or as a lister, broker or agent for the sale of manufactured homes, without being |
---|
1428 | 1428 | | 44.29licensed as a dealer or salesperson as provided in section 327B.04 326B.604. |
---|
1429 | 1429 | | 44.30Sec. 67. Minnesota Statutes 2024, section 327B.09, subdivision 3, is amended to read: |
---|
1430 | 1430 | | 44.31 Subd. 3.Display of license.No person shall act as a dealer, salesperson, or manufacturer |
---|
1431 | 1431 | | 44.32unless the certificate authorizing that activity is prominently displayed on the business |
---|
1432 | 1432 | | 44.33premises covered by the license. Before moving to a new location from the established place |
---|
1433 | 1433 | | 44Article 2 Sec. 67. |
---|
1434 | 1434 | | REVISOR SS/HL 25-0015903/04/25 45.1of business occupied when the license is granted, the licensee must first secure the |
---|
1435 | 1435 | | 45.2commissioner's written permission. To obtain that permission, the licensee must prove that |
---|
1436 | 1436 | | 45.3the proposed new premises conform to the requirements of section 327B.04 326B.604, |
---|
1437 | 1437 | | 45.4subdivision 4. |
---|
1438 | 1438 | | 45.5 Sec. 68. Minnesota Statutes 2024, section 327B.09, subdivision 4, is amended to read: |
---|
1439 | 1439 | | 45.6 Subd. 4.Net listing prohibited.No dealer or salesperson shall use or offer to use a net |
---|
1440 | 1440 | | 45.7listing agreement. |
---|
1441 | 1441 | | 45.8 Sec. 69. Minnesota Statutes 2024, section 327B.10, is amended to read: |
---|
1442 | 1442 | | 45.9 327B.10 RULEMAKING AUTHORITY. |
---|
1443 | 1443 | | 45.10 The commissioner may promulgate rules and issue orders reasonably necessary to |
---|
1444 | 1444 | | 45.11implement and administer the provisions of sections 327B.01 to 327B.12 326B.601 to |
---|
1445 | 1445 | | 45.12326B.612. The commissioner shall adopt rules establishing and approving education programs |
---|
1446 | 1446 | | 45.13for manufactured home installers. Each manufactured home installer must satisfactorily |
---|
1447 | 1447 | | 45.14complete the continuing education requirements established by the commissioner in rule. |
---|
1448 | 1448 | | 45.15Sec. 70. Minnesota Statutes 2024, section 327B.11, subdivision 1, is amended to read: |
---|
1449 | 1449 | | 45.16 Subdivision 1.Consumer claimants.Any consumer customer sustaining injuries within |
---|
1450 | 1450 | | 45.17the terms of a surety bond issued pursuant to section 327B.04 326B.604 may proceed against |
---|
1451 | 1451 | | 45.18the principal and surety without making the state a party to the proceedings. Provided, |
---|
1452 | 1452 | | 45.19however, that the aggregate liability of the surety to all persons for all losses or damages |
---|
1453 | 1453 | | 45.20shall in no event exceed the amount of the bond. |
---|
1454 | 1454 | | 45.21Sec. 71. Minnesota Statutes 2024, section 327B.12, is amended to read: |
---|
1455 | 1455 | | 45.22 327B.12 ADDITIONAL REMEDIES AND ENFORCEMENT . |
---|
1456 | 1456 | | 45.23 Subdivision 1.Private remedies.(a) Any person injured or threatened with injury by |
---|
1457 | 1457 | | 45.24a dealer or manufacturer's violation of sections 327B.01 to 327B.12 326B.601 to 326B.612 |
---|
1458 | 1458 | | 45.25may bring a private action in any court of competent jurisdiction. |
---|
1459 | 1459 | | 45.26 (b) A borrower injured by a violation of the standards, duties, prohibitions, or |
---|
1460 | 1460 | | 45.27requirements of sections 327B.08 326B.608, subdivision 6; 327B.09 326B.609, subdivision |
---|
1461 | 1461 | | 45.286; or 327B.095 326B.6095, shall have a private right of action and the court shall award |
---|
1462 | 1462 | | 45.29actual, incidental, and consequential damages. |
---|
1463 | 1463 | | 45Article 2 Sec. 71. |
---|
1464 | 1464 | | REVISOR SS/HL 25-0015903/04/25 46.1 Subd. 2.Fraud remedies.In addition to the remedies provided in sections 327B.01 to |
---|
1465 | 1465 | | 46.2327B.12 326B.601 to 326B.612, any violation of section 327B.08 or 327B.09 326B.608 or |
---|
1466 | 1466 | | 46.3326B.609 is a violation of section 325F.69, subdivision 1 and the provisions of section 8.31 |
---|
1467 | 1467 | | 46.4shall apply. A private right of action by the borrower under this chapter is in the public |
---|
1468 | 1468 | | 46.5interest. |
---|
1469 | 1469 | | 46.6 Sec. 72. REVISOR INSTRUCTION. |
---|
1470 | 1470 | | 46.7 (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in |
---|
1471 | 1471 | | 46.8column A with the number in column B. |
---|
1472 | 1472 | | Column B46.9 Column A |
---|
1473 | 1473 | | 326B.2146.10 327.31 |
---|
1474 | 1474 | | 326B.2246.11 327.32 |
---|
1475 | 1475 | | 326B.2346.12 327.33 |
---|
1476 | 1476 | | 326B.23546.13 327.335 |
---|
1477 | 1477 | | 326B.2446.14 327.34 |
---|
1478 | 1478 | | 326B.2546.15 327.35, subdivision 1 |
---|
1479 | 1479 | | 326B.60146.16 327B.01 |
---|
1480 | 1480 | | 326B.60246.17 327B.02 |
---|
1481 | 1481 | | 326B.60346.18 327B.03 |
---|
1482 | 1482 | | 326B.60446.19 327B.04 |
---|
1483 | 1483 | | 326B.604146.20 327B.041 |
---|
1484 | 1484 | | 326B.604246.21 327B.042 |
---|
1485 | 1485 | | 326B.60546.22 327B.05 |
---|
1486 | 1486 | | 326B.60646.23 327B.06 |
---|
1487 | 1487 | | 326B.60746.24 327B.07 |
---|
1488 | 1488 | | 326B.60846.25 327B.08 |
---|
1489 | 1489 | | 326B.60946.26 327B.09 |
---|
1490 | 1490 | | 326B.609546.27 327B.095 |
---|
1491 | 1491 | | 326B.61046.28 327B.10 |
---|
1492 | 1492 | | 326B.61146.29 327B.11 |
---|
1493 | 1493 | | 326B.61246.30 327B.12 |
---|
1494 | 1494 | | 46.31 (b) The revisor of statutes shall make any necessary grammatical or technical changes |
---|
1495 | 1495 | | 46.32or changes to sentence structure necessary to preserve the meaning of the text as a result of |
---|
1496 | 1496 | | 46.33the renumbering in paragraph (a). |
---|
1497 | 1497 | | 46Article 2 Sec. 72. |
---|
1498 | 1498 | | REVISOR SS/HL 25-0015903/04/25 47.1 ARTICLE 3 |
---|
1499 | 1499 | | 47.2 BREAK LAWS |
---|
1500 | 1500 | | 47.3 Section 1. Minnesota Statutes 2024, section 177.253, subdivision 1, is amended to read: |
---|
1501 | 1501 | | 47.4 Subdivision 1.Rest breaks.An employer must allow each employee adequate time at |
---|
1502 | 1502 | | 47.5least 15 minutes away from work within each four consecutive hours of work to utilize the |
---|
1503 | 1503 | | 47.6nearest convenient restroom or to otherwise be relieved from work duties. |
---|
1504 | 1504 | | 47.7 Sec. 2. Minnesota Statutes 2024, section 177.253, is amended by adding a subdivision to |
---|
1505 | 1505 | | 47.8read: |
---|
1506 | 1506 | | 47.9 Subd. 3.Remedies.(a) If an employer does not provide rest breaks to an employee as |
---|
1507 | 1507 | | 47.10required by this section and related rules, the employer is liable to the employee for the rest |
---|
1508 | 1508 | | 47.11break time that should have been provided at the employee's regular rate of pay, plus an |
---|
1509 | 1509 | | 47.12additional equal amount as liquidated damages. |
---|
1510 | 1510 | | 47.13 (b) In addition to the remedies in paragraph (a), the commissioner may assess a penalty |
---|
1511 | 1511 | | 47.14of up to $1,000 per employee per day during which rest breaks are not provided as required |
---|
1512 | 1512 | | 47.15by this section. |
---|
1513 | 1513 | | 47.16Sec. 3. Minnesota Statutes 2024, section 177.254, subdivision 1, is amended to read: |
---|
1514 | 1514 | | 47.17 Subdivision 1.Meal break.An employer must permit each employee who is working |
---|
1515 | 1515 | | 47.18for eight six or more consecutive hours sufficient time at least 30 minutes to eat a meal. |
---|
1516 | 1516 | | 47.19Sec. 4. Minnesota Statutes 2024, section 177.254, subdivision 2, is amended to read: |
---|
1517 | 1517 | | 47.20 Subd. 2.Payment not required.Except for subdivision 4, nothing in this section requires |
---|
1518 | 1518 | | 47.21the employer to pay the employee during the meal break. |
---|
1519 | 1519 | | 47.22Sec. 5. Minnesota Statutes 2024, section 177.254, is amended by adding a subdivision to |
---|
1520 | 1520 | | 47.23read: |
---|
1521 | 1521 | | 47.24 Subd. 4.Remedies.(a) If an employer does not provide meal breaks to an employee as |
---|
1522 | 1522 | | 47.25required by this section and related rules, the employer is liable to the employee for the |
---|
1523 | 1523 | | 47.26meal break time that should have been provided at the employee's regular rate of pay, plus |
---|
1524 | 1524 | | 47.27an additional equal amount as liquidated damages. |
---|
1525 | 1525 | | 47.28 (b) In addition to the remedies in paragraph (a), the commissioner may assess a penalty |
---|
1526 | 1526 | | 47.29of up to $1,000 per employee per day during which meal breaks are not provided as required |
---|
1527 | 1527 | | 47.30by this section. |
---|
1528 | 1528 | | 47Article 3 Sec. 5. |
---|
1529 | 1529 | | REVISOR SS/HL 25-0015903/04/25 Page.Ln 1.19APPROPRIATIONS...............................................................................ARTICLE 1 |
---|
1530 | 1530 | | Page.Ln 7.15DEPARTMENT OF LABOR AND INDUSTRY POLICY...................ARTICLE 2 |
---|
1531 | 1531 | | Page.Ln 47.1BREAK LAWS.......................................................................................ARTICLE 3 |
---|
1532 | 1532 | | 1 |
---|
1533 | 1533 | | APPENDIX |
---|
1534 | 1534 | | Article locations for 25-00159 |
---|