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HF 3877

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to occupational licensing; eliminating licensing requirements for power
limited technicians; amending Minnesota Statutes 2004, sections 326.01,
subdivision 6k; 326.241, subdivision 1; 326.242, subdivisions 5, 6c, 8, 12;
326.2421, subdivision 2; Minnesota Statutes 2005 Supplement, section 326.242,
subdivision 3d.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 326.01, subdivision 6k, is amended to read:


Subd. 6k.

Power limited technician.

The term "power limited technician" means a
person having the necessary qualifications, training, experience, and technical knowledge
to install, alter, repair, plan, lay out, and supervise the installing, altering, and repairing
of electrical wiring, apparatus, and equipment for technology circuits or systemsdeleted text begin who is
licensed as such by the Board of
deleted text end deleted text begin Electricitydeleted text end .

Sec. 2.

Minnesota Statutes 2004, section 326.241, subdivision 1, is amended to read:


Subdivision 1.

Composition.

The Board of Electricity shall consist of deleted text begin 11deleted text end new text begin ninenew text end
members, residents of the state, appointed by the governor of whom two shall be
representatives of the electrical suppliers in the rural areas of the state, two shall be
master electricians, who shall be contractors, two journeyman electricians, one registered
consulting electrical engineer,deleted text begin two power limited technicians,deleted text end who shall be technology
system contractors primarily engaged in the business of installing technology circuits or
systems, and two public members as defined by section 214.02. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and processing
of complaints; the setting of board fees; and other provisions relating to board operations
shall be as provided in chapter 214.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 326.242, subdivision 3d, is
amended to read:


Subd. 3d.

Power limited technician.

deleted text begin (a)deleted text end 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
unlessdeleted text begin :
deleted text end

deleted text begin (l) the person is licensed by the board as a power limited technician; and
deleted text end

deleted text begin (2)deleted text end 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.

deleted text begin (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.
deleted text end

deleted text begin (c) The board may initially set experience requirements without rulemaking, but
must adopt rules before July 1, 2004.
deleted text end

deleted text begin (d) Licensees must attain eight hours of continuing education acceptable to the
board every renewal period.
deleted text end

deleted text begin (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 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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (g) A person who has submitted an application by September 30, 2005, to take the
power limited technician examination administered by the board is not required to meet
the qualifications set forth in paragraph (b).
deleted text end

Sec. 4.

Minnesota Statutes 2004, section 326.242, subdivision 5, is amended to read:


Subd. 5.

Unlicensed persons.

(a) An unlicensed person shall not perform electrical
work unless the work is performed under the personal supervision of a person actually
licensed to perform such work and the licensed electrician and unlicensed persons are
employed by the same employer. Licensed persons shall not permit unlicensed persons to
perform electrical work except under the personal supervision of a person 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. Except for technology
circuit or system work, licensed persons shall supervise no more than two unlicensed
persons. Fornew text begin purposes of this subdivision, new text end technology circuit or system workdeleted text begin ,deleted text end deleted text begin licensed
persons shall
deleted text end deleted text begin supervise no more than three unlicensed personsdeleted text end new text begin is not electrical worknew text end .

(b) Notwithstanding any other provision of this section, no person other than a
master electrician or power limited technician shall plan or lay out electrical wiring,
apparatus, or equipment for light, heat, power, or other purposes, except circuits or
systems exempted from personal licensing by subdivision 12, paragraph (b).

(c) Contractors employing unlicensed persons performing electrical work shall
maintain records establishing compliance with this subdivision, which shall designate all
unlicensed persons performing electrical work, deleted text begin except for persons working on circuits or
systems exempted from personal licensing by
deleted text end deleted text begin subdivision 12, paragraph (b),deleted text end and shall
permit the board to examine and copy all such records as provided for in section 326.244,
subdivision 6
.

Sec. 5.

Minnesota Statutes 2004, section 326.242, subdivision 6c, is amended to read:


Subd. 6c.

Employment of master electrician or power limited technician.

(a) No
contractor shall engage in business of electrical contracting unless the contractor employs
a licensed Class A master or Class B master electrician, deleted text begin or power limited technician,deleted text end who
shall be responsible for the performance of all electrical work in accordance with the
requirements of 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 contractor is authorized shall be
limited to those for which such Class A master electriciandeleted text begin ,deleted text end new text begin or new text end Class B master electriciandeleted text begin ,
or power limited technician
deleted text end employed by the contractor is licensed.new text begin For purposes of this
subdivision, technology circuit or system work is not electrical work.
new text end

(b) When a contractor's license is held by an individual, partnership, limited liability
company, or corporation and the individual, one of the partners, one of the members,
or an officer of the corporation, respectively, is not the responsible master electrician
deleted text begin or power limited techniciandeleted text end of record, all requests for inspection shall be signed by the
responsible master electrician or power limited technician of record. The designated
responsible master electriciandeleted text begin or power limited techniciandeleted text end of record shall be employed by
the individual, partnership, limited liability company, or corporation which is applying for
a contractor's license and shall not be employed in any capacity as a licensed electrician or
licensed technician by any other contractor or employer designated in subdivision 12.

(c) All applications for contractor's licenses and all renewals shall include a verified
statement that the applicant or licensee has complied with this subdivision.

Sec. 6.

Minnesota Statutes 2004, 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, Power Limited Technician, or
Special Electrician.

(2) For issuance of original license and renewal:

Class A Master.

Class B Master.

deleted text begin Power Limited Technician.
deleted text end

Class A Journeyman, Class B Journeyman, Installer, or Special Electrician.

Electrical 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. 7.

Minnesota Statutes 2004, 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 deleted text begin where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited
deleted text end deleted text begin technician in accordance with subdivision 3d, paragraph
(a), clause (1),
deleted text end 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 deleted text begin paragraphdeleted text end new text begin clausenew text end ;

(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.

new text begin (g) Notwithstanding any other provision of law to the contrary, any person may,
without a license under sections 326.241 to 326.248, install, alter, repair, plan, lay out,
and supervise the installing, altering, and repairing of electrical wiring, apparatus, and
equipment for technology circuits or systems. Work described in this paragraph is not
"electrical work" for purposes of section 326.242, subdivisions 5 and 6c.
new text end

Sec. 8.

Minnesota Statutes 2004, section 326.2421, subdivision 2, is amended to read:


Subd. 2.

Exemption.

No deleted text begin licenseddeleted text end 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 within the scope of the license.

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final enactment.
new text end