Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 58-H.F.No. 645 
                  An act relating to technology business; amending 
                  Minnesota Statutes 2002, sections 326.01, subdivision 
                  6m; 326.242, subdivisions 3d, 8, 12; 326.2421, 
                  subdivision 2; 326.244, subdivisions 1a, 5; repealing 
                  Minnesota Statutes 2002, sections 326.01, subdivision 
                  6d; 326.2421, subdivisions 3, 4, 6, 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 326.01, 
        subdivision 6m, is amended to read: 
           Subd. 6m.  [PROCESS CONTROL CIRCUITS OR SYSTEMS.] "Process 
        control circuits or systems" are circuits or systems, regardless 
        of electrical classification, that are integrated with a 
        manufacturing, mining, energy, finishing, conveyance of 
        equipment or product, material handling or packaging process 
        that makes or assembles, or similar process.  Process control 
        systems does not include premises network and communication 
        systems whose purpose or function is not dedicated to process 
        control circuits or systems. 
           Sec. 2.  Minnesota Statutes 2002, section 326.242, 
        subdivision 3d, is amended to read: 
           Subd. 3d.  [POWER LIMITED TECHNICIAN.] (a) Except as 
        otherwise provided by law, no person shall install, alter, 
        repair, plan, lay out, or supervise the installing, altering, or 
        repairing of electrical wiring, apparatus, or equipment for 
        technology circuits or systems unless: 
           (l) the person is licensed by the board as a power limited 
        technician; and 
           (2) the electrical work is: 
           (i) for a licensed contractor and the person is an 
        employee, partner, or officer of, or is the licensed contractor; 
        or 
           (ii) performed under the supervision of a master 
        electrician or power limited technician also employed by the 
        person's employer on technology circuits, systems, apparatus, 
        equipment, or facilities owned or leased by the employer that 
        are located within the limits of property owned or leased, 
        operated, and maintained by the employer. 
           (b) An applicant for a power limited technician's license 
        shall (1) be a graduate of a four-year electrical course in an 
        accredited college or university; or (2) have had at least 36 
        months' experience, acceptable to the board, in planning for, 
        laying out, supervising, and installing wiring, apparatus, or 
        equipment for power limited systems, provided however, that the 
        board may by rule provide for the allowance of up to 12 months 
        (2,000 hours) of experience credit for successful completion of 
        a two-year post high school electrical course or other technical 
        training approved by the board. 
           (c) The board may initially set experience requirements 
        without rulemaking, but must adopt rules before July 1, 2003 
        2004. 
           (d) Licensees must attain eight hours of continuing 
        education acceptable to the board every renewal period. 
           (e) A person who has submitted an application by June 30, 
        2003, to take the alarm and communications examination 
        administered by the board, and who has achieved a minimal score 
        of 70 percent on an alarm and communication examination 
        administered by the board before April 30 the examination by 
        September 30, 2003, may obtain a power limited technician 
        license without further examination by submitting an application 
        and a license fee of $30. 
           (f) A company holding an alarm and communication license as 
        of June 30, 2003, may designate one person who may obtain a 
        power limited technician license without passing an examination 
        administered by the board by submitting an application and 
        license fee of $30. 
           Sec. 3.  Minnesota Statutes 2002, section 326.242, 
        subdivision 8, is amended to read: 
           Subd. 8.  [LICENSE AND RENEWAL FEES.] All licenses issued 
        hereunder shall expire in a manner as provided by the board.  
        Fees, as set by the board, shall be payable for examination, 
        issuance and renewal of the following: 
           (1) For examination: 
           Class A Master. 
           Class B Master. 
           Class A Journeyman, Class B Journeyman, Installer, Alarm 
        and Communications Contractor, Power Limited Technician, or 
        Special Electrician. 
           (2) For issuance of original license and renewal: 
           Class A Master. 
           Class B Master. 
           Power Limited Technician. 
           Class A Journeyman, Class B Journeyman, Installer, or 
        Special Electrician. 
           Electrical contractor. 
           Alarm and Communication System Contractor. 
           Technology Systems Contractor. 
           (3) An individual or contractor who fails to renew a 
        license before 30 days after the expiration of the license must 
        submit a late fee equal to one year's license fee in addition to 
        the full renewal fee.  Fees for renewed licenses are not 
        prorated.  An individual or contractor that fails to renew a 
        license by the expiration date is unlicensed until the license 
        is renewed. 
           Sec. 4.  Minnesota Statutes 2002, 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 a contractor who has contracted with the 
        maintenance electrician's employer to provide services for which 
        a 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.  
           (b) Employees of a licensed electrical or technology 
        systems contractor or other employer where provided with 
        supervision by a master electrician in accordance with 
        subdivision 1, or power limited technician in accordance with 
        subdivision 3d, paragraph (a), clause (1), are not required to 
        hold a license under sections 326.241 to 326.248 for the 
        planning, laying out, installing, altering, and repairing of 
        technology circuits or systems except planning, laying out, or 
        installing: 
           (1) in other than residential dwellings, class 2 or class 3 
        remote control circuits that control circuits or systems other 
        than class 2 or class 3, except circuits that interconnect these 
        systems through communication, alarm, and security systems are 
        exempted from this paragraph; 
           (2) class 2 or class 3 circuits in electrical cabinets, 
        enclosures, or devices containing physically unprotected 
        circuits other than class 2 or class 3; or 
           (3) technology circuits and systems in hazardous classified 
        locations as covered by chapter 5 of the National Electrical 
        Code.  
           (c) Companies and their employees that plan, lay out, 
        install, alter, or repair class 2 and class 3 remote control 
        wiring associated with plug or cord and plug connected 
        appliances other than security or fire alarm systems installed 
        in a residential dwelling are not required to hold a license 
        under sections 326.241 to 326.248.  
           (d) Heating, ventilating, air conditioning, and 
        refrigeration contractors and their employees are not required 
        to hold or obtain a license under sections 326.241 to 326.248 
        when performing heating, ventilating, air conditioning, or 
        refrigeration work as described in section 326.245.  
           (e) Employees of any electric, communications, or railway 
        utility, cable communications company as defined in section 
        238.02, 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, cable communications 
        company, 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, cable communications company, or telephone 
        company in the exercise of its utility, antenna, 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 or provided 
        service by or for the benefit of any person other than such 
        utility, cable communications company, or telephone company, and 
           (ii) are generally accessible only to employees of such 
        utility, cable communications company, or telephone company or 
        persons acting under its control or direction, and 
           (iii) are not on the load side of the service point or 
        point of entrance for communication systems; 
           (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.  
           (f) An owner shall not be required to hold or obtain a 
        license under sections 326.241 to 326.248. 
           Sec. 5.  Minnesota Statutes 2002, section 326.2421, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXEMPTION.] No person or company exempt under 
        subdivision 1 or licensed pursuant to section 326.242, 
        subdivision 4 or 6, licensed power limited technician, 
        technology system contractor, or individual employed by a 
        technology system contractor may be required to obtain any 
        authorization, permit, franchise, or license from, or pay any 
        fee, franchise tax, or other assessment to, any agency, 
        department, board, or political subdivision of the state as a 
        condition for performing any work described herein within the 
        scope of the license.  
           Sec. 6.  Minnesota Statutes 2002, section 326.244, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [TECHNOLOGY SYSTEMS.] (a) The installation of 
        the technology circuits or systems described in paragraph (b), 
        except: 
           (1) minor work performed by a contractor; 
           (2) work performed by a heating, ventilating, or air 
        conditioning contractor as described in section 326.245; and 
           (3) work performed by cable company employees when 
        installing cable communications systems or telephone company 
        employees when installing telephone systems, 
        must be inspected as provided in this section for compliance 
        with the applicable provisions of the National Electrical Code 
        and the applicable provisions of the National Electrical Safety 
        Code, as those codes were approved by the American National 
        Standards Institute. 
           (b) The inspection requirements in paragraph (a) apply to: 
           (1) remote control circuits controlling class 2 or class 3 
        remote control circuits that control circuits or systems other 
        than class 2 or class 3 and indoor lighting, except circuits 
        that interconnect these systems exempted by section 326.242, 
        subdivision 12, paragraph (b), other than fire alarm; class 2 or 
        class 3 circuits in electrical cabinets, enclosures, or devices 
        containing physically unprotected circuits other than class 2 or 
        class 3; or technology circuits and systems in hazardous 
        classified locations as covered by chapter 5 of the National 
        Electrical Code; 
           (2) fire alarm systems, other than in one- or two-family 
        dwellings, as defined in article articles 100 and 760 of the 
        National Electrical Code; 
           (3) critical health and medical facilities technology 
        circuits and systems contained within critical care areas of 
        health care facilities as defined by the safety standards 
        identified in section 326.243, including, but not limited to, 
        anesthesia and resuscitative alarm and alerting systems, medical 
        monitoring, and nurse call systems; and 
           (4) physical security systems within detention facilities. 
           (c) For the purposes of this subdivision "minor work" means 
        the adjustment or repair and replacement of worn or defective 
        parts of a technology circuit or system.  Minor work may be 
        inspected under this section at the request of the owner of the 
        property or the person doing the work. 
           (d) Notwithstanding this subdivision, if an electrical 
        inspector observes that a contractor, employer, or owner has not 
        complied with accepted standards when the work was performed, as 
        provided in the most recent editions of the National Electrical 
        Code and the National Electrical Safety Code as approved by the 
        American National Standards Institute, the inspector may order 
        the contractor, employer, or owner who has performed the work to 
        file a request for electrical inspection, pay an inspection fee, 
        and make any necessary repairs to comply with applicable 
        standards and require that the work be inspected. 
           Sec. 7.  Minnesota Statutes 2002, 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; 
           (2) when owned or leased, and operated and maintained by 
        any electric, communications, or railway utility, cable 
        communications company as defined in section 238.02, or 
        telephone company as defined under section 237.01, in the 
        exercise of its utility, antenna, 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, cable 
        communications company, or telephone company; and 
           (ii) are generally accessible only to employees of such 
        utility, cable communications company, or telephone company or 
        persons acting under its control or direction; and 
           (iii) are not on the load side of the service point or 
        point of entrance for communication systems; 
           (3) when used in the street lighting operations of an 
        electric utility; 
           (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; 
           (5) when the installation, material, and equipment are in 
        facilities subject to the jurisdiction of the federal Mine 
        Safety and Health Act; or 
           (6) when the installation, material, and equipment is part 
        of an elevator installation for which the elevator contractor, 
        licensed under section 326.242, is required to obtain a permit 
        from the authority having jurisdiction as provided by section 
        16B.747, and the inspection has been or will be performed by an 
        elevator inspector certified by the department of administration 
        and licensed by the board of electricity.  This exemption shall 
        apply only to installations, material, and equipment permitted 
        or required to be connected on the load side of the 
        disconnecting means required for elevator equipment under 
        National Electric Code Article 620, and elevator communications 
        and alarm systems within the machine room, car, hoistway, or 
        elevator lobby. 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 2002, sections 326.01, subdivision 6d; 
        and 326.2421, subdivisions 3, 4, 6, and 8, are repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 through 7 are effective the day following final 
        enactment.  Section 8 is effective July 1, 2003. 
           Presented to the governor May 15, 2003 
           Signed by the governor May 19, 2003, 11:20 a.m.