HF 645

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to technology business; amending Minnesota 
  1.3             Statutes 2002, sections 326.01, subdivision 6m; 
  1.4             326.242, subdivisions 3d, 8, 12; 326.2421, subdivision 
  1.5             2; 326.244, subdivisions 1a, 5; repealing Minnesota 
  1.6             Statutes 2002, sections 326.01, subdivision 6d; 
  1.7             326.2421, subdivisions 3, 4, 6, 8. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 326.01, 
  1.10  subdivision 6m, is amended to read: 
  1.11     Subd. 6m.  [PROCESS CONTROL CIRCUITS OR SYSTEMS.] "Process 
  1.12  control circuits or systems" are circuits or systems, regardless 
  1.13  of electrical classification, that are integrated with a 
  1.14  manufacturing, mining, energy, finishing, conveyance of 
  1.15  equipment or product, material handling or packaging process 
  1.16  that makes or assembles, or similar process.  Process control 
  1.17  systems does not include premises network and communication 
  1.18  systems whose purpose or function is not dedicated to process 
  1.19  control circuits or systems. 
  1.20     Sec. 2.  Minnesota Statutes 2002, section 326.242, 
  1.21  subdivision 3d, is amended to read: 
  1.22     Subd. 3d.  [POWER LIMITED TECHNICIAN.] (a) Except as 
  1.23  otherwise provided by law, no person shall install, alter, 
  1.24  repair, plan, lay out, or supervise the installing, altering, or 
  1.25  repairing of electrical wiring, apparatus, or equipment for 
  1.26  technology circuits or systems unless: 
  2.1      (l) the person is licensed by the board as a power limited 
  2.2   technician; and 
  2.3      (2) the electrical work is: 
  2.4      (i) for a licensed contractor and the person is an 
  2.5   employee, partner, or officer of, or is the licensed contractor; 
  2.6   or 
  2.7      (ii) performed under the supervision of a master 
  2.8   electrician or power limited technician also employed by the 
  2.9   person's employer on technology circuits, systems, apparatus, 
  2.10  equipment, or facilities owned or leased by the employer that 
  2.11  are located within the limits of property owned or leased, 
  2.12  operated, and maintained by the employer. 
  2.13     (b) An applicant for a power limited technician's license 
  2.14  shall (1) be a graduate of a four-year electrical course in an 
  2.15  accredited college or university; or (2) have had at least 36 
  2.16  months' experience, acceptable to the board, in planning for, 
  2.17  laying out, supervising, and installing wiring, apparatus, or 
  2.18  equipment for power limited systems, provided however, that the 
  2.19  board may by rule provide for the allowance of up to 12 months 
  2.20  (2,000 hours) of experience credit for successful completion of 
  2.21  a two-year post high school electrical course or other technical 
  2.22  training approved by the board. 
  2.23     (c) The board may initially set experience requirements 
  2.24  without rulemaking, but must adopt rules before July 1, 2003 
  2.25  2004. 
  2.26     (d) Licensees must attain eight hours of continuing 
  2.27  education acceptable to the board every renewal period. 
  2.28     (e) A person who has submitted an application by June 30, 
  2.29  2003, to take the alarm and communications examination 
  2.30  administered by the board, and who has achieved a minimal score 
  2.31  of 70 percent on an alarm and communication examination 
  2.32  administered by the board before April 30 the examination by 
  2.33  September 30, 2003, may obtain a power limited technician 
  2.34  license without further examination by submitting an application 
  2.35  and a license fee of $30. 
  2.36     (f) A company holding an alarm and communication license as 
  3.1   of June 30, 2003, may designate one person who may obtain a 
  3.2   power limited technician license without passing an examination 
  3.3   administered by the board by submitting an application and 
  3.4   license fee of $30. 
  3.5      Sec. 3.  Minnesota Statutes 2002, section 326.242, 
  3.6   subdivision 8, is amended to read: 
  3.7      Subd. 8.  [LICENSE AND RENEWAL FEES.] All licenses issued 
  3.8   hereunder shall expire in a manner as provided by the board.  
  3.9   Fees, as set by the board, shall be payable for examination, 
  3.10  issuance and renewal of the following: 
  3.11     (1) For examination: 
  3.12     Class A Master. 
  3.13     Class B Master. 
  3.14     Class A Journeyman, Class B Journeyman, Installer, Alarm 
  3.15  and Communications Contractor, Power Limited Technician, or 
  3.16  Special Electrician. 
  3.17     (2) For issuance of original license and renewal: 
  3.18     Class A Master. 
  3.19     Class B Master. 
  3.20     Power Limited Technician. 
  3.21     Class A Journeyman, Class B Journeyman, Installer, or 
  3.22  Special Electrician. 
  3.23     Electrical contractor. 
  3.24     Alarm and Communication System Contractor. 
  3.25     Technology Systems Contractor. 
  3.26     (3) An individual or contractor who fails to renew a 
  3.27  license before 30 days after the expiration of the license must 
  3.28  submit a late fee equal to one year's license fee in addition to 
  3.29  the full renewal fee.  Fees for renewed licenses are not 
  3.30  prorated.  An individual or contractor that fails to renew a 
  3.31  license by the expiration date is unlicensed until the license 
  3.32  is renewed. 
  3.33     Sec. 4.  Minnesota Statutes 2002, section 326.242, 
  3.34  subdivision 12, is amended to read: 
  3.35     Subd. 12.  [EXEMPTIONS FROM LICENSING.] (a) A maintenance 
  3.36  electrician who is supervised by the responsible master 
  4.1   electrician for a contractor who has contracted with the 
  4.2   maintenance electrician's employer to provide services for which 
  4.3   a contractor's license is required or by a master electrician or 
  4.4   an electrical engineer registered with the board and who is an 
  4.5   employee of an employer and is engaged in the maintenance, and 
  4.6   repair of electrical equipment, apparatus, and facilities owned 
  4.7   or leased by the employer, and performed within the limits of 
  4.8   property which is owned or leased and operated and maintained by 
  4.9   said employer, shall not be required to hold or obtain a license 
  4.10  under sections 326.241 to 326.248.  
  4.11     (b) Employees of a licensed electrical or technology 
  4.12  systems contractor or other employer where provided with 
  4.13  supervision by a master electrician in accordance with 
  4.14  subdivision 1, or power limited technician in accordance with 
  4.15  subdivision 3d, paragraph (a), clause (1), are not required to 
  4.16  hold a license under sections 326.241 to 326.248 for the 
  4.17  planning, laying out, installing, altering, and repairing of 
  4.18  technology circuits or systems except planning, laying out, or 
  4.19  installing: 
  4.20     (1) in other than residential dwellings, class 2 or class 3 
  4.21  remote control circuits that control circuits or systems other 
  4.22  than class 2 or class 3, except circuits that interconnect these 
  4.23  systems through communication, alarm, and security systems are 
  4.24  exempted from this paragraph; 
  4.25     (2) class 2 or class 3 circuits in electrical cabinets, 
  4.26  enclosures, or devices containing physically unprotected 
  4.27  circuits other than class 2 or class 3; or 
  4.28     (3) technology circuits and systems in hazardous classified 
  4.29  locations as covered by chapter 5 of the National Electrical 
  4.30  Code.  
  4.31     (c) Companies and their employees that plan, lay out, 
  4.32  install, alter, or repair class 2 and class 3 remote control 
  4.33  wiring associated with plug or cord and plug connected 
  4.34  appliances other than security or fire alarm systems installed 
  4.35  in a residential dwelling are not required to hold a license 
  4.36  under sections 326.241 to 326.248.  
  5.1      (d) Heating, ventilating, air conditioning, and 
  5.2   refrigeration contractors and their employees are not required 
  5.3   to hold or obtain a license under sections 326.241 to 326.248 
  5.4   when performing heating, ventilating, air conditioning, or 
  5.5   refrigeration work as described in section 326.245.  
  5.6      (e) Employees of any electric, communications, or railway 
  5.7   utility, cable communications company as defined in section 
  5.8   238.02, or a telephone company as defined under section 237.01 
  5.9   or its employees, or of any independent contractor performing 
  5.10  work on behalf of any such utility, cable communications 
  5.11  company, or telephone company, shall not be required to hold a 
  5.12  license under sections 326.241 to 326.248: 
  5.13     (1) while performing work on installations, materials, or 
  5.14  equipment which are owned or leased, and operated and maintained 
  5.15  by such utility, cable communications company, or telephone 
  5.16  company in the exercise of its utility, antenna, or telephone 
  5.17  function, and which 
  5.18     (i) are used exclusively for the generation, 
  5.19  transformation, distribution, transmission, or metering of 
  5.20  electric current, or the operation of railway signals, or the 
  5.21  transmission of intelligence and do not have as a principal 
  5.22  function the consumption or use of electric current or provided 
  5.23  service by or for the benefit of any person other than such 
  5.24  utility, cable communications company, or telephone company, and 
  5.25     (ii) are generally accessible only to employees of such 
  5.26  utility, cable communications company, or telephone company or 
  5.27  persons acting under its control or direction, and 
  5.28     (iii) are not on the load side of the service point or 
  5.29  point of entrance for communication systems; 
  5.30     (2) while performing work on installations, materials, or 
  5.31  equipment which are a part of the street lighting operations of 
  5.32  such utility; or 
  5.33     (3) while installing or performing work on outdoor area 
  5.34  lights which are directly connected to a utility's distribution 
  5.35  system and located upon the utility's distribution poles, and 
  5.36  which are generally accessible only to employees of such utility 
  6.1   or persons acting under its control or direction.  
  6.2      (f) An owner shall not be required to hold or obtain a 
  6.3   license under sections 326.241 to 326.248. 
  6.4      Sec. 5.  Minnesota Statutes 2002, section 326.2421, 
  6.5   subdivision 2, is amended to read: 
  6.6      Subd. 2.  [EXEMPTION.] No person or company exempt under 
  6.7   subdivision 1 or licensed pursuant to section 326.242, 
  6.8   subdivision 4 or 6, licensed power limited technician, 
  6.9   technology system contractor, or individual employed by a 
  6.10  technology system contractor may be required to obtain any 
  6.11  authorization, permit, franchise, or license from, or pay any 
  6.12  fee, franchise tax, or other assessment to, any agency, 
  6.13  department, board, or political subdivision of the state as a 
  6.14  condition for performing any work described herein within the 
  6.15  scope of the license.  
  6.16     Sec. 6.  Minnesota Statutes 2002, section 326.244, 
  6.17  subdivision 1a, is amended to read: 
  6.18     Subd. 1a.  [TECHNOLOGY SYSTEMS.] (a) The installation of 
  6.19  the technology circuits or systems described in paragraph (b), 
  6.20  except: 
  6.21     (1) minor work performed by a contractor; 
  6.22     (2) work performed by a heating, ventilating, or air 
  6.23  conditioning contractor as described in section 326.245; and 
  6.24     (3) work performed by cable company employees when 
  6.25  installing cable communications systems or telephone company 
  6.26  employees when installing telephone systems, 
  6.27  must be inspected as provided in this section for compliance 
  6.28  with the applicable provisions of the National Electrical Code 
  6.29  and the applicable provisions of the National Electrical Safety 
  6.30  Code, as those codes were approved by the American National 
  6.31  Standards Institute. 
  6.32     (b) The inspection requirements in paragraph (a) apply to: 
  6.33     (1) remote control circuits controlling class 2 or class 3 
  6.34  remote control circuits that control circuits or systems other 
  6.35  than class 2 or class 3 and indoor lighting, except circuits 
  6.36  that interconnect these systems exempted by section 326.242, 
  7.1   subdivision 12, paragraph (b), other than fire alarm; class 2 or 
  7.2   class 3 circuits in electrical cabinets, enclosures, or devices 
  7.3   containing physically unprotected circuits other than class 2 or 
  7.4   class 3; or technology circuits and systems in hazardous 
  7.5   classified locations as covered by chapter 5 of the National 
  7.6   Electrical Code; 
  7.7      (2) fire alarm systems, other than in one- or two-family 
  7.8   dwellings, as defined in article articles 100 and 760 of the 
  7.9   National Electrical Code; 
  7.10     (3) critical health and medical facilities technology 
  7.11  circuits and systems contained within critical care areas of 
  7.12  health care facilities as defined by the safety standards 
  7.13  identified in section 326.243, including, but not limited to, 
  7.14  anesthesia and resuscitative alarm and alerting systems, medical 
  7.15  monitoring, and nurse call systems; and 
  7.16     (4) physical security systems within detention facilities. 
  7.17     (c) For the purposes of this subdivision "minor work" means 
  7.18  the adjustment or repair and replacement of worn or defective 
  7.19  parts of a technology circuit or system.  Minor work may be 
  7.20  inspected under this section at the request of the owner of the 
  7.21  property or the person doing the work. 
  7.22     (d) Notwithstanding this subdivision, if an electrical 
  7.23  inspector observes that a contractor, employer, or owner has not 
  7.24  complied with accepted standards when the work was performed, as 
  7.25  provided in the most recent editions of the National Electrical 
  7.26  Code and the National Electrical Safety Code as approved by the 
  7.27  American National Standards Institute, the inspector may order 
  7.28  the contractor, employer, or owner who has performed the work to 
  7.29  file a request for electrical inspection, pay an inspection fee, 
  7.30  and make any necessary repairs to comply with applicable 
  7.31  standards and require that the work be inspected. 
  7.32     Sec. 7.  Minnesota Statutes 2002, section 326.244, 
  7.33  subdivision 5, is amended to read: 
  7.34     Subd. 5.  [EXEMPTIONS FROM INSPECTIONS.] Installations, 
  7.35  materials, or equipment shall not be subject to inspection under 
  7.36  sections 326.241 to 326.248: 
  8.1      (1) when owned or leased, operated and maintained by any 
  8.2   employer whose maintenance electricians are exempt from 
  8.3   licensing under sections 326.241 to 326.248, while performing 
  8.4   electrical maintenance work only as defined by board rule; 
  8.5      (2) when owned or leased, and operated and maintained by 
  8.6   any electric, communications, or railway utility, cable 
  8.7   communications company as defined in section 238.02, or 
  8.8   telephone company as defined under section 237.01, in the 
  8.9   exercise of its utility, antenna, or telephone function; and 
  8.10     (i) are used exclusively for the generations, 
  8.11  transformation, distribution, transmission, or metering of 
  8.12  electric current, or the operation of railway signals, or the 
  8.13  transmission of intelligence, and do not have as a principal 
  8.14  function the consumption or use of electric current by or for 
  8.15  the benefit of any person other than such utility, cable 
  8.16  communications company, or telephone company; and 
  8.17     (ii) are generally accessible only to employees of such 
  8.18  utility, cable communications company, or telephone company or 
  8.19  persons acting under its control or direction; and 
  8.20     (iii) are not on the load side of the service point or 
  8.21  point of entrance for communication systems; 
  8.22     (3) when used in the street lighting operations of an 
  8.23  electric utility; 
  8.24     (4) when used as outdoor area lights which are owned and 
  8.25  operated by an electric utility and which are connected directly 
  8.26  to its distribution system and located upon the utility's 
  8.27  distribution poles, and which are generally accessible only to 
  8.28  employees of such utility or persons acting under its control or 
  8.29  direction; 
  8.30     (5) when the installation, material, and equipment are in 
  8.31  facilities subject to the jurisdiction of the federal Mine 
  8.32  Safety and Health Act; or 
  8.33     (6) when the installation, material, and equipment is part 
  8.34  of an elevator installation for which the elevator contractor, 
  8.35  licensed under section 326.242, is required to obtain a permit 
  8.36  from the authority having jurisdiction as provided by section 
  9.1   16B.747, and the inspection has been or will be performed by an 
  9.2   elevator inspector certified by the department of administration 
  9.3   and licensed by the board of electricity.  This exemption shall 
  9.4   apply only to installations, material, and equipment permitted 
  9.5   or required to be connected on the load side of the 
  9.6   disconnecting means required for elevator equipment under 
  9.7   National Electric Code Article 620, and elevator communications 
  9.8   and alarm systems within the machine room, car, hoistway, or 
  9.9   elevator lobby. 
  9.10     Sec. 8.  [REPEALER.] 
  9.11     Minnesota Statutes 2002, sections 326.01, subdivision 6d; 
  9.12  and 326.2421, subdivisions 3, 4, 6, and 8, are repealed. 
  9.13     Sec. 9.  [EFFECTIVE DATE.] 
  9.14     Sections 1 through 7 are effective the day following final 
  9.15  enactment.  Section 8 is effective July 1, 2003.