as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to technology business; identifying and 1.3 defining technology business and activity; providing 1.4 for regulation of technology business with the 1.5 department of administration; amending Minnesota 1.6 Statutes 2000, section 16B.61, subdivision 2; 1.7 proposing coding for new law in Minnesota Statutes, 1.8 chapter 16B. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section l. Minnesota Statutes 2000, section 16B.61, 1.11 subdivision 2, is amended to read: 1.12 Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the 1.13 direction and supervision of the commissioner, the provisions of 1.14 the code relating to electrical installations shall be enforced 1.15 by the state board of electricity, pursuant to the Minnesota 1.16 Electrical Act, except as provided in sections 16B.971 to 1.17 16B.977, the provisions relating to plumbing shall be enforced 1.18 by the commissioner of health, the provisions relating to high 1.19 pressure steam piping and appurtenances shall be enforced by the 1.20 department of labor and industry. Fees for inspections 1.21 conducted by the state board of electricity shall be paid in 1.22 accordance with the rules of the state board of electricity. 1.23 Under direction of the commissioner of public safety, the state 1.24 fire marshal shall enforce the Minnesota Uniform Fire Code as 1.25 provided in chapter 299F. 1.26 Sec. 2. [16B.971] [DEFINITIONS.] 1.27 Subdivision 1. [SCOPE.] For the purposes of sections 2.1 16B.972 to 16B.977, the terms in this section have the meanings 2.2 given them. 2.3 Subd. 2. [ALARM SYSTEMS.] "Alarm systems" means indoor and 2.4 outdoor class 2 and class 3 fire alarm, burglar alarm, and 2.5 security systems, including all circuits controlled and powered 2.6 by the alarm or security system, including, but not limited to, 2.7 access control, closed-circuit television, intercom, and burglar 2.8 and fire alarm systems. 2.9 Subd. 3. [AUDIO SIGNAL SYSTEMS.] "Audio signal systems" 2.10 means indoor and outdoor class 2 and class 3 audio signal 2.11 generation, recording, processing, amplification, and 2.12 reproduction systems, including, but not limited to, 2.13 distribution of sound, public address, and speech input systems; 2.14 temporary audio system installations; and electronic organs or 2.15 other electronic musical instruments. 2.16 Subd. 4. [COMMUNICATION SYSTEMS.] "Communication systems" 2.17 means indoor and outdoor communication systems, including, but 2.18 not limited to, telephone, telegraph, fiber-optic, radio and 2.19 television, and antenna and broadband systems, including all 2.20 circuits and equipment. 2.21 Subd. 5. [DEMARCATION.] "Demarcation" means Underwriters 2.22 Laboratory-listed equipment or a transformer, an uninterruptable 2.23 power supply (UPS), a battery, control panel, or other device 2.24 supplying voltage for class 2 or class 3 remote-control, 2.25 signaling, or power-limited circuits, power-limited alarm 2.26 circuits or systems, power-limited circuits or systems, audio 2.27 signal, antenna, and communication systems that provides 2.28 isolation from the higher voltage system. 2.29 Subd. 6. [POWER-LIMITED CIRCUITS OR 2.30 SYSTEMS.] "Power-limited circuits or systems" means indoor and 2.31 outdoor lighting and circuits that are not an integral part of a 2.32 device or appliance and operate at 50 volts or less, or are 2.33 class 2 and class 3 circuits, including, but not limited to, 2.34 lighting, central vacuum, door strike, and irrigation control. 2.35 Subd. 7. [REMOTE-CONTROL CIRCUITS.] "Remote-control 2.36 circuits" means indoor and outdoor class 2 and class 3 3.1 electrical circuits that control any other circuit through a 3.2 relay or an equivalent device, including, but not limited to, 3.3 devices for controlling heat, ventilation, air-conditioning, 3.4 refrigeration units, automatic garage door, and building 3.5 automation. 3.6 Subd. 8. [SIGNALING CIRCUITS.] "Signaling circuits" means 3.7 indoor and outdoor class 2 and class 3 circuits that energize 3.8 signaling equipment, including, but not limited to, doorbells, 3.9 digital displays, and signaling lights. 3.10 Subd. 9. [TECHNOLOGY CIRCUITS OR SYSTEMS.] "Technology 3.11 circuits or systems" means indoor or outdoor wiring, apparatus, 3.12 equipment, grounding, UPS, batteries, pathways, systems, and 3.13 circuits for class 2 or class 3 remote-control, signaling, or 3.14 alarm circuits or systems, power-limited circuits or systems, 3.15 audio signal, antenna, and communications systems and their 3.16 associated components which are isolated from higher voltage 3.17 systems by a demarcation, as covered by articles 90, 411, 640, 3.18 645, 720, 725, 727, 760, 770, 780, and chapter 8 inclusive, and 3.19 including all articles of chapters 1 to 7 associated with 3.20 installing, altering, repairing, planning, or laying out 3.21 technology circuits or systems of the National Electrical Code 3.22 as that code was approved by the American National Standards 3.23 Institute and was in effect on January 1, 2000. Technology 3.24 circuits or systems may include a demarcation installed to the 3.25 higher voltage system, provided it is done through a 3.26 manufactured cord or other manufactured connection device, which 3.27 limits the exposure to the higher voltage system. 3.28 Sec. 3. [16B.972] [LICENSURE NOT REQUIRED.] 3.29 The activities in section 16B.973 are designated as 3.30 registered technology businesses for which some level of public 3.31 accountability, skill, training, and experience relative to the 3.32 particular technologies used by the business may be of benefit 3.33 to the consuming public and for which traditional regulation by 3.34 licensure is not warranted. 3.35 Sec. 4. [16B.973] [REGISTERED TECHNOLOGY BUSINESS.] 3.36 Subdivision 1. [APPLICATION.] The activities in 4.1 subdivisions 2 to 10 constitute registered technology 4.2 businesses. Businesses and individuals that are properly 4.3 registered with the department of administration are authorized 4.4 to perform the services and provide the products, necessary to 4.5 their businesses, including configuring, laying out, installing, 4.6 maintaining, or repairing technology circuits or systems, to the 4.7 consuming public. Work performed and products supplied by 4.8 registrants shall be regulated solely through the building code 4.9 and by the commissioner of administration. Registrants may not 4.10 be required to obtain any authorization, permit, franchise, or 4.11 license from, or pay any fee, franchise tax, or other assessment 4.12 to, any agency, department, board, or political subdivision of 4.13 the state as a condition for providing the products or 4.14 performing the work of their occupation except as provided in 4.15 the building code or by the commissioner of administration 4.16 consistent with sections 16B.971 to 16B.977. The delegation 4.17 provisions of section 16B.05 do not apply to sections 16B.971 to 4.18 16B.977. Fire alarm systems installed by registered technology 4.19 businesses must comply with section 326.244, subdivision 1a. 4.20 Installation, configuration, layout, maintenance, and repair 4.21 activities authorized by this section are limited to technology 4.22 circuits or systems. Registrants under this section shall be 4.23 businesses or sole proprietors. Registration under this section 4.24 is intended to clarify the status of those who choose to 4.25 register and does not create an occupational requirement 4.26 independent of existing law. Nothing in this section prohibits 4.27 a local government from charging a franchise fee to the operator 4.28 of a cable communications system. 4.29 Subd. 2. [ALARM AND SECURITY INSTALLATION.] Alarm and 4.30 security installation consists of installing cable, wiring, and 4.31 necessary devices, including fiber-optic and radio-wave devices, 4.32 for access control, closed-circuit television, intercom, or 4.33 burglar and fire alarm systems, and repairing, modifying, or 4.34 maintaining these systems. 4.35 Subd. 3. [TELECOM INSTALLATION.] Telecom installation 4.36 consists of installing cable, wiring, and necessary devices, 5.1 including fiber-optic and radio-wave devices for communication, 5.2 sound, television, computer, and data transfer systems and 5.3 repairing, modifying, or maintaining these systems. 5.4 Subd. 4. [IRRIGATION AND LANDSCAPE LIGHTING INSTALLATION.] 5.5 Irrigation and landscape lighting installation consists of 5.6 installing cable, wiring, and necessary devices, including 5.7 fiber-optic and radio-wave devices, for irrigation and landscape 5.8 lighting systems and repairing, modifying, or maintaining these 5.9 systems. 5.10 Subd. 5. [CENTRAL VACUUM INSTALLATION.] Central vacuum 5.11 installation consists of installing cable, wiring, and necessary 5.12 devices, including fiber-optic and radio-wave devices, for 5.13 central vacuum systems, and repairing, modifying, or maintaining 5.14 these systems. 5.15 Subd. 6. [BUILDING AUTOMATION INSTALLATION.] Building 5.16 automation installation consists of installing cable, wiring, 5.17 and necessary devices, including fiber-optic and radio-wave 5.18 devices, for regulating appliances or systems through computers 5.19 or other remote-control devices, and repairing, modifying, or 5.20 maintaining these systems. 5.21 Subd. 7. [POWER-LIMITED LIGHTING INSTALLATION.] 5.22 Power-limited lighting installation consists of installing 5.23 cable, wiring, and necessary devices, including fiber-optic and 5.24 radio-wave devices, for power-limited lighting systems, and 5.25 repairing, modifying, or maintaining these systems. 5.26 Subd. 8. [AUTOMATIC DOOR INSTALLATION.] Automatic door 5.27 installation consists of installing cable, wiring, and necessary 5.28 devices, including fiber-optic and radio-wave devices, for 5.29 systems that open and close doorways by remote signal, and 5.30 repairing, modifying, or maintaining these systems. 5.31 Subd. 9. [HVAC OR REFRIGERATION INSTALLATION.] HVAC or 5.32 refrigeration installation consists of installing cable, wiring, 5.33 and necessary devices, including fiber-optic and radio-wave 5.34 devices, for controlling heating, ventilation, air-conditioning, 5.35 and refrigeration units, and repairing, modifying, or 5.36 maintaining these systems. 6.1 Subd. 10. [NONSPECIFIC INSTALLATION.] Nonspecific 6.2 installation consists of installing cable, wiring, and necessary 6.3 devices, including fiber-optic and radio-wave devices, for other 6.4 signaling or control systems covered by the National Electrical 6.5 Code provisions referred to in this section, which the 6.6 commissioner of administration considers appropriate for 6.7 inclusion as registered technology businesses consistent with 6.8 sections 16B.971 to 16B.977. 6.9 Sec. 5. [16B.974] [REGISTRATION.] 6.10 (a) The commissioner of administration shall maintain a 6.11 register of all businesses or individuals that have registered 6.12 with the department as registered technology businesses. This 6.13 register shall be available to the public and shall also be made 6.14 available in a format that can be accessed via computer modem or 6.15 the Internet. 6.16 (b) Registrations shall be submitted on a form designed by 6.17 the commissioner. Information shall include: 6.18 (1) the name, business address, telephone number, fax 6.19 number, and Internet address of the registrant; 6.20 (2) the name of a designated responsible party for purposes 6.21 of interacting with the department of administration and with 6.22 the public. If the registrant is a business, the designated 6.23 party must be a principal; 6.24 (3) proof that the registrant maintains a bond in the 6.25 amount of at least $10,000 conditioned upon the faithful and 6.26 lawful performance of all work contracted for or entered upon by 6.27 the registrant within the state of Minnesota. The bond shall be 6.28 for the benefit of persons sustaining loss by reason of failure 6.29 of such performance. The bond must be written by a corporate 6.30 surety licensed to do business in Minnesota; 6.31 (4) proof that the registrant maintains general liability 6.32 insurance in an amount of not less than $200,000 per occurrence 6.33 and $500,000 in the aggregate for personal liability and 6.34 $100,000 for property damage; and 6.35 (5) a statement of qualifications stating, based on 6.36 verification provided: 7.1 (i) the registrant's experience and education related to 7.2 the technology business; 7.3 (ii) the completion of any professionally recognized 7.4 training programs related to its technology business; 7.5 (iii) any professionally recognized, significant 7.6 certifications or specialty designations related to the 7.7 technology business; 7.8 (iv) memberships in state or national trade associations or 7.9 professional organizations related to the technology business; 7.10 and 7.11 (v) any consumer protection maintained for the benefit of 7.12 the registrant's customers in addition to the requirement of 7.13 clause (3). 7.14 Sec. 6. [16B.975] [APPROVAL BY COMMISSIONER.] 7.15 All statements and information submitted by registrants 7.16 must be approved by the commissioner before inclusion in the 7.17 published registration statement. The commissioner may remove 7.18 from the register any registration statement, or part thereof, 7.19 that the commissioner finds to be misleading or inaccurate. 7.20 Registrants may register in one or more categories in which they 7.21 do business. 7.22 Sec. 7. [16B.976] [COSTS.] 7.23 The costs of maintaining the register and any other 7.24 regulatory expense required by sections 16B.971 to 16B.977, 7.25 shall be recovered through a registration fee or fees, to be 7.26 imposed on all registrants by the commissioner of 7.27 administration. Registrations must be renewed annually. 7.28 Sec. 8. [16B.977] [ADVISORY COUNCIL.] 7.29 The commissioner of administration may appoint an advisory 7.30 committee made up of not more than seven registrants to advise 7.31 the commissioner. The advisory committee may assist the 7.32 commissioner in matters of verification of information contained 7.33 in registration statements, evaluating to relevance, 7.34 significance, and legitimacy of education programs, training 7.35 programs, professional certifications, specialty designations, 7.36 or associations related to technology business, and other 8.1 related matters for which the commissioner may request 8.2 assistance.