Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 289-H.F.No. 871 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to employment; board of electricity; 
          clarifying definitions; providing for a complaint 
          committee; clarifying and adding duties of the board; 
          providing penalties; amending Minnesota Statutes 1990, 
          sections 326.01, subdivisions 2, 3, 4, 5, 6, 6a, and 
          by adding subdivisions; 326.241, subdivision 2; 
          326.242, subdivisions 1, 2, 3, 4, 5, 6, 9, 12, and by 
          adding subdivisions; 326.244, subdivisions 4, 5, and 
          by adding a subdivision; 326.245; and 326.246. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 326.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [CLASS A MASTER ELECTRICIAN.] The term "Class A 
master electrician" means a person having the necessary 
qualifications, training, experience, and technical knowledge to 
install and, alter, repair and to properly, plan, lay out, and 
supervise the installation installing, altering, and repairing 
of electrical wiring, apparatus, and equipment for electric 
light, heat, power, and other purposes who is licensed as such 
by the state board of electricity.  
    Sec. 2.  Minnesota Statutes 1990, section 326.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLASS A JOURNEYMAN ELECTRICIAN.] The term "Class 
A journeyman electrician" means a person having the necessary 
qualifications, training, experience, and technical knowledge to 
wire for, install, and alter, repair, and supervise the 
installing, altering, or repairing of electrical wiring, 
apparatus, and equipment for light, heat, power, and other 
purposes who is licensed as such by the state board of 
electricity.  
    Sec. 3.  Minnesota Statutes 1990, section 326.01, 
subdivision 4, is amended to read: 
    Subd. 4.  [SPECIAL ELECTRICIAN.] The term "special 
electrician" means a person having the necessary qualification, 
training, and experience in wiring for, installing, or 
repairing, and technical knowledge to install, alter, repair, 
and supervise the installing, altering, or repairing of special 
classes of electrical wiring, apparatus, or equipment for light, 
heat, power, and other purposes or for special classes of 
electrical wiring installations work who is licensed as such by 
the state board of electricity.  The scope of any special 
electrician license created by the board under section 326.242, 
subdivision 4, shall be limited to that provided for by the 
rules adopted by the board. 
    Sec. 4.  Minnesota Statutes 1990, section 326.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [ELECTRICAL CONTRACTOR.] The term "electrical 
contractor" means a person, firm partnership, or corporation 
operating a business that undertakes or offers to undertake to 
plan for, lay out, supervise, or install or to make additions, 
alterations, or repairs in the installation of electrical 
wiring, apparatus, or equipment for electric light, heat, or 
power, and other purposes with or without compensation and who 
is licensed as such by the state board of electricity.  An 
electrical contractor's license does not of itself qualify its 
holder to perform or supervise the electrical work authorized by 
holding any class of electrician's license. 
    Sec. 5.  Minnesota Statutes 1990, section 326.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [CLASS B MASTER ELECTRICIAN.] The term "Class B 
master electrician" means a person having the necessary 
qualifications, training, experience, and technical knowledge to 
properly install, alter, repair, plan, lay out, and supervise 
the installation installing, altering, and repairing 
of electrical wiring, apparatus, and equipment for single phase 
systems of not over 200 ampere capacity for light, heat, power, 
and other purposes on any farm or in any single family dwelling 
located in any town or municipality which has a population of 
less than 2500 inhabitants, who is licensed as such by the state 
board of electricity.  
    Sec. 6.  Minnesota Statutes 1990, section 326.01, 
subdivision 6a, is amended to read: 
    Subd. 6a.  [CLASS B JOURNEYMAN ELECTRICIAN.] The term 
"Class B journeyman electrician" means a person having the 
necessary qualifications, training, experience, and technical 
knowledge to wire for, install and, alter, repair, and supervise 
the installing, altering, or repairing of electrical wiring, 
apparatus, and equipment for single phase systems of not over 
more than 200 ampere capacity for light, heat, power, and other 
purposes on any farm or in any single family dwelling located in 
any town or municipality which has a population of less than 
2500 inhabitants, who is licensed as such by the state board of 
electricity.  
    Sec. 7.  Minnesota Statutes 1990, section 326.01, is 
amended by adding a subdivision to read: 
    Subd. 6f.  [ELECTRICAL WORK.] The term "electrical work" 
means the installing, altering, repairing, planning, or laying 
out of electrical wiring, apparatus, or equipment for light, 
heat, power, or other purposes.  The installing, alteration, 
repairing, planning, or laying out of electrical wiring, 
apparatus, or equipment for light, heat, power, or other 
purposes includes, but is not limited to, the performance of any 
work governed by the standards referred to in section 326.243. 
    Sec. 8.  Minnesota Statutes 1990, section 326.01, is 
amended by adding a subdivision to read: 
    Subd. 6g.  [PERSONAL SUPERVISION.] The term "personal 
supervision" means that a licensed electrician oversees and 
directs the electrical work performed by an unlicensed person 
such that: 
    (1) the licensed electrician actually reviews the 
electrical work performed by the unlicensed person; 
    (2) the licensed electrician is immediately available to 
the unlicensed person at all times for assistance and direction; 
and 
    (3) the licensed electrician is able to and does determine 
that all electrical work performed by the unlicensed person is 
performed in compliance with section 326.243. 
    The licensed electrician is responsible for the compliance 
with section 326.243 of all electrical work performed by the 
unlicensed person.  
    Sec. 9.  Minnesota Statutes 1990, section 326.01, is 
amended by adding a subdivision to read: 
    Subd. 6h.  [COMPLAINT COMMITTEE.] The term "complaint 
committee" means a committee of the board which is authorized by 
the board or other provisions of chapter 214 or sections 326.241 
to 324.248 to investigate, mediate, or initiate administrative 
or legal proceedings on behalf of the board with respect to 
complaints filed with or information received by the board 
alleging or indicating violations of sections 326.241 to 
326.248.  The complaint committee shall consist of at least one 
board member, the board's executive secretary, its assistant 
executive secretary, and the attorney general staff member 
assigned to provide legal services to the board. 
    Sec. 10.  Minnesota Statutes 1990, section 326.241, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] The board, or the complaint committee 
on behalf of the board where authorized by law, shall have power 
to: 
    (1) Elect its own officers. 
    (2) Engage and fix the compensation of inspectors, and hire 
employees.  The salary of the executive secretary shall be 
established pursuant to chapter 43A.  All agents and employees 
other than contract inspectors shall be in the classified 
service and shall be compensated pursuant to chapter 43A.  All 
inspectors shall hold licenses as master or journeyman 
electricians under section 326.242, subdivision 1(1) or 2(1), 
and shall give bond in an amount fixed by the board, conditioned 
upon the faithful performance of their duties. 
    (3) Pay such other expenses as it may deem necessary in the 
performance of its duties, including rent, supplies, and such 
like. 
    (4) Enforce the provisions of sections 326.241 to 326.248, 
and provide, upon request, such additional voluntary inspections 
and reviews as it may deem appropriate. 
    (5) Issue, renew, refuse to renew, suspend, temporarily 
suspend, and revoke licenses provided for in sections 326.241 to 
326.248, censure licensees, assess civil penalties, issue cease 
and desist orders, and seek injunctive relief and civil 
penalties in court as authorized by section 326.242 and other 
provisions of Minnesota law. 
    (6) Adopt reasonable rules to carry out its duties under 
sections 326.241 to 326.248 and to provide for the amount and 
collection of fees for inspection and other services.  All rules 
shall be adopted in accordance with chapter 14. 
    Sec. 11.  Minnesota Statutes 1990, section 326.242, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MASTER ELECTRICIAN.] Except as otherwise 
provided by law, no person shall plan, install, alter, repair, 
plan, lay out, or supervise the installation installing, 
altering, or repairing of electrical wiring, apparatus, or 
equipment for electrical light, heat, power, or other purposes 
unless the person is:  (a) licensed by the board as a master 
electrician and (b)(i) the electrical work is for a licensed 
electrical contractor and the person is an employee, partner, or 
officer of, or is the licensed electrical contractor, or (ii) 
the electrical work is performed for the person's employer on 
electrical electric wiring, apparatus, equipment, apparatus, or 
facilities owned or leased by the employer which is located 
within the limits of property which is owned or leased and 
operated and maintained by the employer.  
    (1) An applicant for a Class A master electrician's license 
shall (a) be a graduate of a four-year electrical course in an 
accredited college or university; or (b) shall have had at least 
one year's experience, acceptable to the board, as a licensed 
journeyman; or (c) shall have had at least five years' 
experience, acceptable to the board, in planning for, laying 
out, supervising and installing wiring, apparatus, or equipment 
for electrical light, heat and power.  
    (2) As of August 1, 1985, no new Class B master 
electrician's licenses shall be issued.  An individual who has a 
Class B master electrician's license as of August 1, 1985 may 
retain the license and exercise the privileges it grants, which 
include electrical work limited to single phase systems, not 
over 200 amperes in capacity, on farmsteads or single-family 
dwellings located in towns or municipalities with fewer than 
2,500 inhabitants. 
    Sec. 12.  Minnesota Statutes 1990, section 326.242, 
subdivision 2, is amended to read: 
    Subd. 2.  [JOURNEYMAN ELECTRICIAN.] (a) Except as otherwise 
provided by law, no person shall wire for, install, or alter, 
repair, or supervise the installing, altering, or repairing of 
electrical wiring, apparatus, or equipment, for light, heat, 
power, or other purposes unless: 
    (1) the person is licensed by the board as a journeyman 
electrician employed by; and 
    (2) the electrical work is: 
    (i) for a licensed an electrical contractor and the person 
is an employee, partner, or officer of the licensed electrical 
contractor; or 
    (ii) performed under the supervision of a master 
electrician also employed by the person's employer on electrical 
wiring, apparatus, equipment, or facilities owned or leased by 
the employer that is located within the limits of property owned 
or leased, operated, and maintained by the employer. 
    (1) (b) An applicant for a Class A journeyman electrician's 
license shall have had at least four years of experience, 
acceptable to the board, in wiring for, installing, and 
repairing electrical wiring, apparatus, or equipment, provided 
however, that the board may by rule provide for the allowance of 
one year of experience credit for successful completion of a 
two-year post high school electrical course approved by the 
board. 
    (2) (c) As of August 1, 1985, no new Class B journeyman 
electrician's licenses shall be issued.  An individual who holds 
a Class B journeyman electrician's license as of August 1, 1985 
may retain the license and exercise the privileges it grants, 
which include electrical work limited to single phase systems, 
not over 200 amperes in capacity, on farmsteads or on 
single-family dwellings located in towns or municipalities with 
fewer than 2,500 inhabitants. 
    Sec. 13.  Minnesota Statutes 1990, section 326.242, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLASS A INSTALLER.] Notwithstanding the 
provisions of subdivisions 1, 2, and 6, any person holding a 
class A installer license may lay out and install and supervise 
the laying out and installing of electrical wiring, apparatus 
and, or equipment for major electrical home appliances on the 
load side of the main service on farmsteads and in any town or 
municipality with fewer than 1,500 inhabitants, which is not 
contiguous to a city of the first class and does not contain an 
established business of a master electrician an electrical 
contractor. 
    Sec. 14.  Minnesota Statutes 1990, section 326.242, 
subdivision 4, is amended to read: 
    Subd. 4.  [SPECIAL ELECTRICIAN.] Notwithstanding the 
provisions of subdivisions 1, 2, 6, and 7, the board shall may 
by rule provide for the issuance of special electrician licenses 
empowering the licensee to engage in a limited class or classes 
of electrical work, which class or classes shall be specified on 
the license certificate.  Each licensee shall have had at least 
two years of experience, acceptable to the board, in each such 
limited class of work for which the licensee is licensed.  
    Sec. 15.  Minnesota Statutes 1990, section 326.242, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPRENTICES UNLICENSED PERSONS.] Any person may 
work as an apprentice to a licensed electrician, but shall do no 
electrical wiring except under the personal on-the-job 
supervision of such licensed electrician.  (a) An unlicensed 
person shall not perform electrical work unless the work is 
performed under the personal supervision of an electrician 
actually licensed to perform such work and the licensed 
electrician and unlicensed person are employed by the same 
employer.  Licensed electricians shall not permit unlicensed 
persons to perform electrical work except under the personal 
supervision of an electrician actually licensed to perform such 
work.  Unlicensed persons shall not supervise the performance of 
electrical work or make assignments of electrical work to 
unlicensed persons.  Licensed electricians shall supervise no 
more than two unlicensed persons. 
    (b) Notwithstanding any other provision of this section, no 
person other than a master electrician shall plan or lay out 
electrical wiring, apparatus, or equipment for light, heat, 
power, or other purposes. 
    (c) Electrical contractors employing unlicensed persons 
performing electrical work shall maintain records establishing 
compliance with this subdivision, which shall designate all 
unlicensed persons performing electrical work and shall permit 
the board to examine and copy all such records as provided for 
in section 326.244, subdivision 6. 
    Sec. 16.  Minnesota Statutes 1990, section 326.242, 
subdivision 6, is amended to read: 
    Subd. 6.  [CONTRACTORS ELECTRICAL CONTRACTOR'S LICENSE 
REQUIRED.] Except as otherwise provided by law, no person other 
than an employee, partner, or officer of a licensed electrical 
contractor, as defined by section 326.01, subdivision 5, shall 
undertake or offer to undertake to plan for, lay out, supervise 
or install or to make additions, alterations, or repairs in the 
installation of electrical wiring, apparatus, and equipment for 
electrical light, heat, or power, and other purposes with or 
without compensation without obtaining unless the person obtains 
an electrical contractor's license.  Such license An electrical 
contractor's license does not of itself qualify its holder to 
perform or supervise the electrical work authorized by holding 
any class of electrician's license.  
    Subd. 6a.  [BOND REQUIRED.] Each electrical contractor 
shall be issued by the board upon the contractor's giving give 
and maintain bond to the state in the penal sum of $5,000 
conditioned upon the faithful and lawful performance of all work 
entered upon by the contractor within the state of Minnesota and 
such bond shall be for the benefit of persons injured or 
suffering financial loss by reason of failure of such 
performance.  The bond shall be filed with the board and shall 
be in lieu of all other license bonds to any political 
subdivision.  Such bond shall be written by a corporate surety 
licensed to do business in the state of Minnesota.  
    Subd. 6b.  [INSURANCE REQUIRED.] Each licensed electrical 
contractor shall have and maintain in effect general liability 
insurance, which includes premises and operations insurance and 
products and completed operations insurance, with limits of at 
least $100,000 per occurrence, $300,000 aggregate limit for 
bodily injury, and property damage insurance with limits of at 
least $25,000 or a policy with a single limit for bodily injury 
and property damage of $300,000 per occurrence and $300,000 
aggregate limits.  Such insurance shall be written by an insurer 
licensed to do business in the state of Minnesota and each 
licensed electrical contractor shall maintain on file with the 
board a certificate evidencing such insurance which provides 
that such insurance shall not be canceled without the insurer 
first giving 15 days written notice to the board of such 
cancellation.  
     Subd. 6c.  [EMPLOYMENT OF MASTER ELECTRICIAN.] (a) No 
electrical contractor shall engage in business of electrical 
contracting unless the electrical contractor is or employs a 
licensed Class A master or Class B master electrician, who shall 
be responsible for the performance of all electrical work in 
accordance with the requirements of this act, and sections 
326.241 to 326.248 or any rule or order adopted or issued under 
these sections.  The classes of work for which the licensed 
electrical contractor is authorized shall be limited to those 
for which such Class A master, or Class B master employed by the 
electrical contractor is licensed.  
    (b) When an electrical contractor's license is held by an 
individual, partnership, or corporation and the individual, one 
of the partners, or an officer of the corporation, respectively, 
is not the responsible master electrician of record, all 
requests for inspection shall be signed by the responsible 
master electrician of record.  The application for an electrical 
contractor's license must include a verified statement that The 
designated responsible master electrician is a full-time 
employee of record shall be employed by the individual, 
partnership, or corporation which is applying for an electrical 
contractor's license.  For purposes of this subdivision, a 
full-time employee of a licensed electrical contractor is an 
individual who is and shall not be employed in any capacity as a 
licensed electrician by any other electrical contractor or 
employer designated in subdivision 12. 
    (c) All applications for electrical contractor's licenses 
and all renewals shall include a verified statement that the 
applicant or licensee has complied with this subdivision. 
    Sec. 17.  Minnesota Statutes 1990, section 326.242, 
subdivision 9, is amended to read: 
    Subd. 9.  [DENIAL, SUSPENSION, AND REVOCATION OF LICENSES.] 
The board of electricity may by order deny, suspend, revoke, or 
refuse to renew a license, or may censure a licensee if the 
board finds (1) in its discretion that the order is in the 
public interest and (2) that, based upon a preponderance of the 
evidence presented, the applicant or licensee: 
    (a) has filed an application for a license which is 
incomplete in any material respect or contains any statement 
which, in light of the circumstances under which it is made, is 
false or misleading with respect to any material fact; 
    (b) has engaged in any fraudulent, deceptive, or 
dishonest act or practice; 
    (c) has been convicted within the past five years of a 
misdemeanor involving a violation of the Minnesota electrical 
act sections 326.241 to 326.248; or 
    (d) has violated or failed to comply with sections 326.241 
to 326.248 or any rule or order adopted or issued under these 
sections.  A violation need not be willful.; or 
    (e) has, in the conduct of the applicant's or licensee's 
affairs, including, but not limited to, the performance of 
electrical work, been shown to be incompetent or untrustworthy.  
    If a licensee engages in conduct that is proven by a 
preponderance of the evidence to be a basis for discipline 
pursuant to paragraphs (a) to (e), the conduct shall constitute 
a violation of this subdivision.  The board may take action 
under this subdivision or any other law authorizing action 
against a licensee regardless of whether the underlying conduct 
was willful. 
    The board of electricity may adopt rules further specifying 
and defining actions, conduct, and omissions that constitute 
fraudulent, deceptive, or dishonest, or prohibited practices, 
and establishing standards of conduct for applicants and 
licensees. 
    Sec. 18.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9a.  [CIVIL PENALTIES.] Whenever a preponderance of 
the evidence presented proves that a person has violated or 
failed to comply with sections 326.241 to 326.248 or any rule or 
order adopted or issued under these sections, the board may 
impose a civil penalty upon the person in an amount not to 
exceed $10,000 per violation. 
    Sec. 19.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9b.  [ORDERS FOR HEARING.] The complaint committee 
may, on behalf of the board, issue an order requiring a licensee 
or an applicant for a license to appear at a hearing on the 
issue of whether the license should be revoked or suspended, the 
licensee censured, the application denied, or a civil penalty 
imposed.  The order shall be calculated to give reasonable 
notice of the time and place for hearing, and shall state the 
reasons for the entry of the order.  All hearings shall be 
conducted in accordance with chapter 14.  After the hearing, the 
board shall enter an order making a disposition of the matter as 
the facts require.  If the licensee or applicant fails to appear 
at a hearing of which that person has been duly notified, the 
person is in default and the proceeding may be determined 
against that person upon consideration of the order for hearing, 
the allegations of which may be deemed to be true. 
    Sec. 20.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9c.  [TEMPORARY SUSPENSION.] (a) The complaint 
committee may, on behalf of the board and in the public 
interest, temporarily suspend a license pending final 
determination of an order for hearing.  The complaint committee 
shall not issue a temporary suspension order until an 
investigation of the facts has been conducted pursuant to 
section 214.10 by the attorney general.  The complaint committee 
shall issue a temporary suspension order only when the safety of 
life or property is threatened or to prevent the commission of 
fraudulent, deceptive, or dishonest acts against the public.  
Service of the temporary suspension order is effective if the 
order is served on the licensee or counsel of record personally 
or by first class mail to the most recent address provided to 
the board for the licensee or the counsel of record. 
    (b) If a license is suspended pending final determination 
of an order for hearing, a hearing on the merits shall be held 
within 45 days of the issuance of the order of temporary 
suspension.  The administrative law judge shall issue a report 
within 30 days after closing of the contested case hearing 
record.  The board shall issue a final order within 30 days 
after receipt of that report and any exceptions. 
    (c) If the licensee requests a hearing in writing within 
ten days of service of the order, the board shall hold a hearing 
before its own members on the sole issue of whether there is a 
reasonable basis to continue, modify, or vacate the temporary 
suspension.  The board shall hold the hearing within five 
working days of the licensee's request for hearing.  Evidence 
presented by the complaint committee or licensee shall be in 
affidavit form only.  The licensee or counsel of record for the 
licensee may appear for oral argument.  Within five working days 
after the hearing, the board shall issue its order either 
continuing or vacating the temporary suspension. 
    Sec. 21.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9d.  [CEASE AND DESIST ORDER.] (a) Whenever it 
appears to the complaint committee that any person has engaged 
or is about to engage in any act or practice constituting a 
violation of sections 326.241 to 326.248, any other law 
authorizing the issuance of a cease and desist order, or any 
rule or order adopted or issued under these sections, the 
complaint committee may, on behalf of the board, issue and cause 
to be served upon the person an order requiring the person to 
cease and desist from violating sections 326.241 to 326.248 or 
any rule or order adopted or issued under these sections.  The 
complaint committee shall not issue a cease and desist order 
until an investigation of the facts has been conducted pursuant 
to section 214.10 by the attorney general.  The order shall be 
calculated to give reasonable notice of the right of the person 
to request a hearing and shall state the reasons for the entry 
of the order.  If no hearing is requested of the board within 15 
days of service of the order, the order shall become final and 
shall remain in effect until it is modified or vacated by the 
board and shall not be reviewable by a court. 
    (b) A hearing shall be held not later than 30 days from the 
date of the board's receipt of a written hearing request, unless 
otherwise agreed by the person requesting the hearing and the 
complaint committee.  Within 30 days of receipt of the 
administrative law judge's report and any exceptions, the board 
shall issue a final order modifying, vacating, or making 
permanent the cease and desist order as the facts require.  The 
final order remains in effect until modified or vacated by the 
board. 
    Sec. 22.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9e.  [COSTS OF PROCEEDING.] The board may impose a 
fee to reimburse the board for all or part of the cost of the 
proceedings resulting in disciplinary action or the imposition 
of civil penalties or the issuance of a cease and desist order.  
Such fees include, but are not limited to, the amount paid by 
the board for services from the office of administrative 
hearings, attorney fees, court reporters, witnesses, 
reproduction of records, board members' per diem compensation, 
board staff time, and expense incurred by board members and 
staff. 
    Sec. 23.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9f.  [DISTRICT COURT ACTION; INJUNCTIVE RELIEF AND 
CIVIL PENALTIES.] (a) Whenever it appears to the board, or the 
complaint committee if authorized by the board, that any person 
has engaged or is about to engage in any act or practice 
constituting a violation of sections 326.241 to 326.248 or any 
rule or order adopted or issued under these sections, the board, 
or the complaint committee if authorized by the board, may bring 
an action in the name of the board in the Ramsey county district 
court or the district court of any other county in which venue 
is proper. 
    (b) The action may be brought to enjoin the acts or 
practices and to enforce compliance with sections 326.241 to 
326.248, any other law authorizing a civil or injunctive action, 
or any rule or order adopted or issued under these sections and 
for a civil penalty not to exceed $10,000 for each separate 
violation of sections 326.241 to 326.248, any other law 
authorizing a civil or injunctive action, or any rule or order 
adopted or issued under these sections. 
    (c) A temporary restraining order and other temporary 
injunctive relief shall be granted in the proceeding whenever it 
appears that any person has engaged in or is about to engage in 
any act, conduct, or practice constituting violation of sections 
326.241 to 326.248, any other law authorizing a civil or 
injunctive action, or any rule or order adopted or issued under 
these sections.  The board shall not be required to show 
irreparable harm. 
    Sec. 24.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9g.  [OTHER REMEDIES.] The issuance of a cease and 
desist order or injunctive relief under this section does not 
relieve a person from criminal prosecution by any competent 
authority or from disciplinary action by the board and does not 
prevent the board from exercising any other authority granted to 
it. 
    Sec. 25.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9h.  [POWERS ADDITIONAL.] The powers contained in 
subdivisions 9 to 9g are in addition to all other powers of the 
board. 
    Sec. 26.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9i.  [COOPERATION REQUIRED.] A person who is the 
subject of an investigation, or who is questioned in connection 
with an investigation, by or on behalf of the board or its 
complaint committee shall cooperate fully with the 
investigation.  Cooperation includes, but is not limited to: 
    (1) responding fully and promptly to questions raised by or 
on behalf of the board or its complaint committee relating to 
the subject of the investigation; 
    (2) providing copies of records in the person's possession 
related to the matter under investigation as requested by the 
board, its complaint committee, or the attorney general within 
the time limit set by the board, its complaint committee, or the 
attorney general; 
    (3) assisting the board, its complaint committee, or the 
attorney general in its investigation; and 
    (4) appearing at conferences or hearings scheduled by the 
board or its complaint committee. 
    Sec. 27.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9j.  [DISCIPLINARY PROCEEDINGS CLOSED.] Proceedings 
held before the board or its complaint committee under chapter 
214 or subdivisions 9 to 9d are exempt from the requirements of 
section 471.705, subdivision 1. 
    Sec. 28.  Minnesota Statutes 1990, section 326.242, is 
amended by adding a subdivision to read: 
    Subd. 9k.  [CONFLICTS OF LAW.] If there is a conflict 
between sections 326.241 to 326.248 and chapter 214, sections 
326.241 to 326.248 shall control. 
    Sec. 29.  Minnesota Statutes 1990, section 326.242, 
subdivision 12, is amended to read: 
    Subd. 12.  [EXEMPTIONS FROM LICENSING.] (a) A maintenance 
electrician who is supervised by the responsible master 
electrician for an electrical contractor who has contracted with 
the maintenance electrician's employer to provide services for 
which an electrical contractor's license is required or by a 
master electrician or an electrical engineer registered with the 
board and who is an employee of an employer and is engaged in 
the maintenance, and repair of electrical equipment, apparatus, 
and facilities owned or leased by the employer, and performed 
within the limits of property which is owned or leased and 
operated and maintained by said employer, shall not be required 
to hold or obtain a license under sections 326.241 to 326.248; 
or 
    (b) Employees of a licensed alarm and communication 
contractor are not required to hold a license under sections 
326.241 to 326.248 while performing work authorized to be 
conducted by an alarm and communication contractor; or 
    (c) Employees of any electric, communications, or railway 
utility, or a telephone company as defined under section 237.01 
or its employees, or of any independent contractor performing 
work on behalf of any such utility or telephone company, shall 
not be required to hold a license under sections 326.241 to 
326.248: 
    1.  While performing work on installations, materials, or 
equipment which are owned or leased, and operated and maintained 
by such utility or telephone company in the exercise of its 
utility or telephone function, and which 
    (i) are used exclusively for the generation, 
transformation, distribution, transmission, or metering of 
electric current, or the operation of railway signals, or the 
transmission of intelligence and do not have as a principal 
function the consumption or use of electric current by or for 
the benefit of any person other than such utility or telephone 
company, and 
    (ii) are generally accessible only to employees of such 
utility or telephone company or persons acting under its control 
or direction, and 
    (iii) are not on the load side of the meter; or 
    2.  While performing work on installations, materials, or 
equipment which are a part of the street lighting operations of 
such utility; or 
    3.  While installing or performing work on outdoor area 
lights which are directly connected to a utility's distribution 
system and located upon the utility's distribution poles, and 
which are generally accessible only to employees of such utility 
or persons acting under its control or direction; or 
    (d) An owner shall not be required to hold or obtain a 
license under sections 326.241 to 326.248. 
    Sec. 30.  Minnesota Statutes 1990, section 326.244, 
subdivision 4, is amended to read: 
    Subd. 4.  [POWERS OF POLITICAL SUBDIVISIONS.] Any political 
subdivision or the University of Minnesota may make provision 
for inspection of electrical installations within its 
jurisdiction, in which case it shall keep on file with the board 
copies of its current inspection ordinances and codes.  No 
political subdivision or the University of Minnesota shall 
require any individual, partnership, corporation or other 
business association holding a license from the state board of 
electricity under sections 326.241 to 326.248 to pay any license 
or registration fee, provided however, that any such political 
subdivision or the University of Minnesota may provide by 
ordinance a requirement that each individual, partnership, 
corporation or other business association doing electrical work 
within the jurisdiction of such political subdivision or the 
University of Minnesota have on file with said political 
subdivision a copy of the current license issued by the state 
board of electricity or such other evidence of such license as 
may be provided by the state board of electricity.  
    Each electrical inspector of any political subdivision must 
or the University of Minnesota shall be a licensed master or 
journeyman electrician under section 326.242, subdivision 1(1) 
or 2(1) and may shall not otherwise engage or be employed in the 
sale or installation, installing, altering, or repairing of 
electrical wiring, devices, appliances apparatus, or equipment, 
for light, heat, power, and other purposes and shall have no 
financial interest in any concern engaged in any such business.  
     Sec. 31.  Minnesota Statutes 1990, section 326.244, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXEMPTIONS FROM INSPECTIONS.] Installations, 
materials, or equipment shall not be subject to inspection under 
sections 326.241 to 326.248: 
     1.  When owned or leased, operated and maintained by any 
employer whose maintenance electricians are exempt from 
licensing under sections 326.241 to 326.248, while performing 
electrical maintenance work only as defined by board rule; or 
     2.  When owned or leased, and operated and maintained by 
any electric, communications or railway utility or telephone 
company in the exercise of its utility or telephone function; 
and 
     (i) are used exclusively for the generations, 
transformation, distribution, transmission, or metering of 
electric current, or the operation of railway signals, or the 
transmission of intelligence, and do not have as a principal 
function the consumption or use of electric current by or for 
the benefit of any person other than such utility or telephone 
company; and 
     (ii) are generally accessible only to employees of such 
utility or telephone company or persons acting under its control 
or direction; and 
      (iii) are not on the load side of the meter; or 
     3.  When used in the street lighting operations of an 
electric utility; or 
     4.  When used as outdoor area lights which are owned and 
operated by an electric utility and which are connected directly 
to its distribution system and located upon the utility's 
distribution poles, and which are generally accessible only to 
employees of such utility or persons acting under its control or 
direction; or 
    5.  When the installation, material, and equipment are 
alarm or communication systems laid out, installed, or 
maintained within residential units not larger than a duplex; or 
    6.  When the installation, material, and equipment are in 
facilities subject to the jurisdiction of the federal Mine 
Safety and Health Act. 
    Sec. 32.  Minnesota Statutes 1990, section 326.244, is 
amended by adding a subdivision to read: 
    Subd. 6.  [SITE INSPECTIONS.] The board may, without 
advance notice, inspect any site at which electrical work is 
being performed or has been performed or where records 
concerning the performance of electrical work are kept for 
purposes of ensuring compliance with sections 326.241 to 326.248 
or any rule or order adopted or issued under these sections.  
With respect to electrical work performed at or records kept in 
an occupied private dwelling, all inspections permitted by this 
subdivision shall occur during normal business hours and shall 
be preceded by advance notice, which need not be in writing.  
The board shall have the authority to examine and copy all 
records concerning the performance of electrical work and to 
question in private all persons employed by an electrical 
contractor or on the site.  No person shall retaliate in any 
manner against any employee or person who is questioned by, 
cooperates with, or provides information to the board, its 
complaint committee, or the attorney general. 
     Sec. 33.  Minnesota Statutes 1990, section 326.245, is 
amended to read: 
    326.245 [MANUFACTURING, INSTALLATION, ALTERATION, OR REPAIR 
OF ELECTRICAL APPARATUS; EXEMPT.] 
    Electrical components, apparatus or appliances being 
manufactured within the limits of property which is owned or 
leased by a manufacturer and such manufacturer's production 
employees shall not be covered by sections 326.241 to 326.248.  
Installation, alteration, or repair of electrical appliance 
units, except (a) electrical wiring to the unit, or (b) original 
wiring in or on the unit installed outside the limits of 
property which is owned or leased by a manufacturer shall not be 
covered by sections 326.241, 326.242, and 326.244 to 
326.248 this chapter.  For purposes of this section, "electrical 
appliance units" means all electrical and natural gas appliances 
that use electricity including, but not limited to, furnaces, 
water heaters, stoves, clothes washers, dryers, air 
conditioners, dishwashers, and humidifiers. 
    Sec. 34.  Minnesota Statutes 1990, section 326.246, is 
amended to read: 
    326.246 [CRIMES.] 
    It is a misdemeanor knowingly and willfully to commit, or 
to order, instruct, or direct another to commit, any of the 
following acts: 
    (1) to make a false statement in any license application, 
request for inspection, certificate or other lawfully authorized 
or required form or statement provided by sections 326.241 to 
326.248; 
    (2) to perform electrical work without a proper license for 
such work unless the work is exempt from licensing; 
    (3) to fail to file a request for inspection when required; 
    (4) to interfere with, or refuse entry to, an inspector 
lawfully engaged in the performance of the inspector's duties; 
and 
    (5) to violate any lawful statute, rule, or order of the 
board, or any city ordinance which pertains to powers given to 
political subdivisions under section 326.244, subdivision 4. 
    Presented to the governor May 29, 1991 
    Filed with the secretary of state June 10, 1991