Subdivision 1. Definitions. The following definitions apply to this section:
(a) "Business entity" means a person other than an individual or a sole proprietor.
(b) "Document" or "documents" includes papers; books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; records; accounts; files; statements; letters; emails; invoices; bills; notes; and calendars maintained in any form or manner.
Subd. 2. Applicability; registration requirement. (a) Persons who perform public or private sector commercial or residential building construction or improvement services as described in subdivision 2 must register with the commissioner as provided in this section. The purpose of registration is to assist the Department of Labor and Industry, the Department of Employment and Economic Development, and the Department of Revenue to enforce laws related to misclassification of employees.
(b) Except as provided in paragraph (c), any person who performs construction services in the state on or after September 15, 2012, must register with the commissioner as provided in this section before performing construction services for another person. The requirements for registration under this section are not a substitute for, and do not relieve a person from complying with, any other law requiring that the person be licensed, registered, or certified.
(c) The registration requirements in this section do not apply to:
(1) a person who, at the time the person is performing the construction services, holds a current license, certificate, or registration under chapter 299M or 326B;
(2) a person who holds a current independent contractor exemption certificate issued under this section that is in effect on September 15, 2012, except that the person must register under this section no later than the date the exemption certificate expires, is revoked, or is canceled;
(3) a person who has given a bond to the state under section 326B.197 or 326B.46;
(4) an employee of the person performing the construction services, if the person was in compliance with laws related to employment of the individual at the time the construction services were performed;
(5) an architect or professional engineer engaging in professional practice as defined in section 326.02, subdivisions 2 and 3;
(6) a school district or technical college governed under chapter 136F;
(7) a person providing construction services on a volunteer basis, including but not limited to Habitat for Humanity and Builders Outreach Foundation, and their individual volunteers when engaged in activities on their behalf; or
(8) a person exempt from licensing under section 326B.805, subdivision 6, clause (5).
Subd. 3. Registration application. (a) Persons required to register under this section must submit electronically, in the manner prescribed by the commissioner, a complete application according to paragraphs (b) to (d).
(b) A complete application must include all of the following information about any individual who is registering as an individual or a sole proprietor, or who owns 25 percent or more of a business entity being registered:
(1) the individual's full legal name and title at the applicant's business;
(2) the individual's business address and telephone number;
(3) the percentage of the applicant's business owned by the individual; and
(4) the individual's Social Security number.
(c) A complete application must also include the following information:
(1) the applicant's legal name; assumed name filed with the secretary of state, if any; designated business address; physical address; telephone number; and email address;
(2) the applicant's Minnesota tax identification number, if one is required or has been issued;
(3) the applicant's federal employer identification number, if one is required or has been issued;
(4) evidence of the active status of the applicant's business filings with the secretary of state, if one is required or has been issued;
(5) whether the applicant has any employees at the time the application is filed;
(6) the names of all other persons with an ownership interest in the business entity who are not identified in paragraph (b), and the percentage of the interest owned by each person, except that the names of shareholders with less than ten percent ownership in a publicly traded corporation need not be provided;
(7) information documenting compliance with workers' compensation and unemployment insurance laws;
(8) a certification that the person signing the application has: reviewed it; determined that the information provided is true and accurate; and determined that the person signing is authorized to sign and file the application as an agent of the applicant. The name of the person signing, entered on an electronic application, shall constitute a valid signature of the agent on behalf of the applicant; and
(9) a signed authorization for the Department of Labor and Industry to verify the information provided on or with the application.
(d) A registered person must notify the commissioner within 15 days after there is a change in any of the information on the application as approved. This notification must be provided electronically in the manner prescribed by the commissioner. However, if the business entity structure or legal form of the business entity has changed, the person must submit a new registration application and registration fee, if any, for the new business entity.
(e) The registered person must remain registered while providing construction services for another person. The provisions of sections 326B.091, 326B.094, 326B.095, and 326B.097 apply to this section. A person with an expired registration shall not provide construction services for another person if registration is required under this section. Registration application and expiration time frames are as follows:
(1) all registrations issued on or before December 31, 2015, expire on December 31, 2015;
(2) all registrations issued after December 31, 2015, expire on the following December 31 of each odd-numbered year; and
(3) a person may submit a registration or renewal application starting October 1 of the year the registration expires. If a renewal application is submitted later than December 1 of the expiration year, registration may expire before the department has issued or denied the registration.
Subd. 4. Website. (a) The commissioner shall develop and maintain a website on which applicants for registration can submit a registration application. The website shall be designed to receive and process registration applications and promptly issue registration certificates electronically to successful applicants.
(b) The commissioner shall maintain the certificates of registration on the department's official public website, which shall include the following information:
(1) the registered person's legal business name, including any assumed name, as filed with the secretary of state;
(2) the person's business address designated on the application; and
(3) the effective date of the registration and the expiration date.
Subd. 5. Prohibited activities related to registration. (a) The prohibited activities in this subdivision are in addition to those prohibited in sections 326B.081 to 326B.085.
(b) A person who provides construction services in the course of the person's trade, business, occupation, or profession shall not:
(1) contract with or perform construction services for another person without first being registered if required by this section;
(2) contract with or pay another person to perform construction services if the other person is not registered if required by subdivision 2. All payments to an unregistered person for construction services on a single project site shall be considered a single violation. It is not a violation of this clause:
(i) for a person to contract with or pay an unregistered person if the unregistered person was registered at the time the contract for construction services was entered into; or
(ii) for a homeowner or business to contract with or pay an unregistered person if the homeowner or business is not in the trade, business, profession, or occupation of performing building construction or improvement services; or
(3) be penalized for violations of this subdivision that are committed by another person. This clause applies only to violations of this paragraph.
Subd. 6. Enforcement; remedies; and penalties. (a) Notwithstanding the maximum penalty amount in section 326B.082, subdivisions 7 and 12, the maximum penalty for failure to register is $2,000, but the commissioner shall forgive the penalty if the person registers within 30 days of the date of the penalty order.
(b) The penalty for contracting with or paying an unregistered person to perform construction services in violation of subdivision 5, paragraph (b), clause (2), shall be as provided in section 326B.082, subdivisions 7 and 12, but the commissioner shall forgive the penalty for the first violation.
Subd. 7. Notice requirement. Notice of a penalty order for failure to register must include a statement that the penalty shall be forgiven if the person registers within 30 days of the date of the penalty order.
Subd. 8. Data classified. Data in applications and any required documentation submitted to the commissioner under this section are private data on individuals or nonpublic data as defined in section 13.02. Data in registration certificates issued by the commissioner are public data; except that registration information published on the department's website may be accessed for registration verification purposes only. Data that document a revocation or cancellation of a certificate are public data. Upon request of the Department of Revenue or the Department of Employment and Economic Development, the commissioner may release to the requesting department data classified as private or nonpublic under this subdivision or investigative data that are not public under section 13.39 that relate to the issuance or denial of applications or revocations of certificates.
2007 c 135 art 3 s 15; 2010 c 347 art 3 s 1; 1Sp2011 c 4 art 3 s 1; 2012 c 295 art 2 s 3,4,5,7,10; 2014 c 305 s 14,15,17,26,31; 2015 c 54 art 1 s 18
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 326B — Construction Codes And Licensing
Section 326B.01 — Definitions.
Section 326B.04 — Deposit Of Money.
Section 326B.07 — Construction Codes Advisory Council.
Section 326B.075 — Commissioner Not Subject To Subpoena.
Section 326B.081 — Definitions.
Section 326B.082 — Enforcement.
Section 326B.083 — Amount Of Penalty; Contents Of Administrative And Licensing Orders.
Section 326B.084 — False Information; Unlicensed Advertising.
Section 326B.085 — Recovery Of Litigation Costs And Expenses.
Section 326B.091 — Definitions.
Section 326B.0921 — Bond Requirements.
Section 326B.093 — Licenses Requiring Examination Administered By Commissioner.
Section 326B.094 — Renewal Of Licenses.
Section 326B.095 — Incomplete License Applications.
Section 326B.096 — Reinstatement Of Licenses.
Section 326B.097 — Prohibition Of Transfer.
Section 326B.098 — Continuing Education.
Section 326B.0981 — Continuing Education; Nondepartment Seminars.
Section 326B.099 — Continuing Education; Courses.
Section 326B.101 — Policy And Purpose.
Section 326B.103 — Definitions.
Section 326B.106 — General Powers Of Commissioner Of Labor And Industry.
Section 326B.107 — Public Buildings And State-licensed Facilities.
Section 326B.108 — Places Of Public Accommodation Subject To Code.
Section 326B.109 — Restroom Facilities.
Section 326B.112 — Bleacher Safety.
Section 326B.118 — Energy Code.
Section 326B.121 — State Building Code; Application And Enforcement.
Section 326B.124 — Exemptions.
Section 326B.125 — Exemption For Members Of Federally Recognized Tribes.
Section 326B.127 — State Building Official.
Section 326B.13 — Application Of Administrative Procedure Act.
Section 326B.133 — Building Officials.
Section 326B.135 — Construction Code Inspectors.
Section 326B.136 — Certain Inspections.
Section 326B.142 — Certain Certificates.
Section 326B.145 — Annual Report.
Section 326B.151 — Permit Fees, To Whom Applicable.
Section 326B.153 — Building Permit Fees.
Section 326B.16 — Enforcement Of Requirements For Persons With Disabilities.
Section 326B.163 — Definitions; Elevators.
Section 326B.166 — Elevator Inspection And Reporting.
Section 326B.172 — Licensing Authorities.
Section 326B.175 — Elevators, Entrances Sealed.
Section 326B.178 — Violations, Penalties.
Section 326B.184 — Fees For Licensure And Permit.
Section 326B.191 — Conflict Of Laws.
Section 326B.194 — Interstate Compact On Industrialized/modular Buildings.
Section 326B.197 — Bond Required For Certain Contractors.
Section 326B.31 — Definitions.
Section 326B.32 — Board Of Electricity.
Section 326B.34 — Alarm And Communication Systems.
Section 326B.35 — Safety Standards.
Section 326B.37 — Inspection Fee Schedule.
Section 326B.38 — Manufactured Electrical Parts; Exemption.
Section 326B.42 — Definitions.
Section 326B.43 — Plumbing Standards; Rules; Agreement With Municipality; Exemption.
Section 326B.435 — Plumbing Board.
Section 326B.437 — Reduced Pressure Backflow Prevention Rebuilders And Testers.
Section 326B.438 — Medical Gas Systems.
Section 326B.439 — Ban On Lead In Plumbing.
Section 326B.44 — Local Regulations.
Section 326B.45 — Violations To Be Reported To Commissioner.
Section 326B.46 — Licensing, Bond And Insurance.
Section 326B.47 — Unlicensed Individuals.
Section 326B.475 — Restricted Plumber License.
Section 326B.48 — Reciprocity With Other States.
Section 326B.49 — Applications, Fees.
Section 326B.50 — Definitions.
Section 326B.52 — Water Conditioning Contractor And Installer Standards.
Section 326B.53 — Local Regulations.
Section 326B.54 — Violations To Be Reported To Commissioner.
Section 326B.55 — Licensing; Qualifications; Rules.
Section 326B.555 — Registered Unlicensed Individuals.
Section 326B.56 — Bonding And Insurance.
Section 326B.58 — Fees; Renewal.
Section 326B.59 — State License; Examination; Application; Exemption.
Section 326B.701 — Construction Contractor Registration.
Section 326B.802 — Definitions.
Section 326B.805 — Licensing Requirements.
Section 326B.809 — Written Contract Required.
Section 326B.81 — Residential Roofers.
Section 326B.811 — Residential Roofing Contract; Right To Cancel.
Section 326B.814 — Rehabilitation Of Criminal Offenders.
Section 326B.821 — Continuing Education; Hours.
Section 326B.825 — Loss Of Qualifying Person.
Section 326B.83 — Application And Examination.
Section 326B.835 — Local Licenses.
Section 326B.84 — Grounds For Sanctions.
Section 326B.85 — Building Permit Conditioned On Licensure; Notice Of Permit Application.
Section 326B.855 — Service Of Process.
Section 326B.86 — Bond; Insurance.
Section 326B.865 — Sign Contractor; Bond.
Section 326B.87 — License Number; Advertising.
Section 326B.875 — Disclosures.
Section 326B.88 — Public Education.
Section 326B.885 — License Renewal.
Section 326B.89 — Contractor Recovery Fund.
Section 326B.90 — Department To Supervise High Pressure Piping.
Section 326B.91 — Definitions.
Section 326B.92 — Application, Permit, Filing, And Inspection Fees.
Section 326B.921 — Licensing And Registration.
Section 326B.922 — License Application And Renewal.
Section 326B.925 — Board Of High Pressure Piping Systems.
Section 326B.94 — Boats; Masters.
Section 326B.95 — Definitions.
Section 326B.953 — Inspection Personnel.
Section 326B.954 — Boiler Inspector License.
Section 326B.956 — Historical Boilers.
Section 326B.958 — Inspection And Registration.
Section 326B.961 — Triennial Audits And Team Leader Certifications.
Section 326B.964 — Standards Of Inspection.
Section 326B.966 — Inspection Procedures And Standards Of Repairs.
Section 326B.97 — Inspection Of Boilers And Pressure Vessels.
Section 326B.972 — License Requirement.
Section 326B.974 — School Engineer.
Section 326B.978 — Examinations; Classifications; Qualifications.
Section 326B.98 — Verification Of Certificate.
Section 326B.986 — Fees For Inspection.
Section 326B.988 — Exceptions.
Section 326B.99 — Report Of Insurer; Exemption From Inspection.
Section 326B.992 — Violations By Inspectors.
Section 326B.994 — Violations In Construction; Repair; Sale.