1.1                          A bill for an act 
  1.2             relating to commerce; amending the definition of an 
  1.3             owner and adding an exemption from licensing; amending 
  1.4             Minnesota Statutes 2002, sections 326.01, subdivision 
  1.5             6e; 326.242, subdivision 12. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 326.01, 
  1.8   subdivision 6e, is amended to read: 
  1.9      Subd. 6e.  [OWNER.] An owner is a natural person who 
  1.10  physically performs electrical work on premises the person owns 
  1.11  and actually occupies as a residence or owns and will occupy as 
  1.12  a residence upon completion of construction, or an owner of a 
  1.13  business who physically performs electrical work on the premises 
  1.14  of a business the person owns and operates as a business or will 
  1.15  own and operate as a business upon completion of construction. 
  1.16     Sec. 2.  Minnesota Statutes 2002, section 326.242, 
  1.17  subdivision 12, is amended to read: 
  1.18     Subd. 12.  [EXEMPTIONS FROM LICENSING.] (a) A maintenance 
  1.19  electrician who is (1) supervised by the responsible master 
  1.20  electrician for a contractor who has contracted with the 
  1.21  maintenance electrician's employer to provide services for which 
  1.22  a contractor's license is required or by a master electrician or 
  1.23  an electrical engineer registered with the board and who is an 
  1.24  employee of an employer and is engaged in the maintenance, and 
  1.25  repair of electrical equipment, apparatus, and facilities owned 
  2.1   or leased by the employer, and performed within the limits of 
  2.2   property which is owned or leased and operated and maintained by 
  2.3   said employer, or (2) performing maintenance directed by an 
  2.4   owner shall not be required to hold or obtain a license under 
  2.5   sections 326.241 to 326.248.  
  2.6      (b) Employees of a licensed electrical or technology 
  2.7   systems contractor or other employer where provided with 
  2.8   supervision by a master electrician in accordance with 
  2.9   subdivision 1, or power limited technician in accordance with 
  2.10  subdivision 3d, paragraph (a), clause (1), are not required to 
  2.11  hold a license under sections 326.241 to 326.248 for the 
  2.12  planning, laying out, installing, altering, and repairing of 
  2.13  technology circuits or systems except planning, laying out, or 
  2.14  installing: 
  2.15     (1) in other than residential dwellings, class 2 or class 3 
  2.16  remote control circuits that control circuits or systems other 
  2.17  than class 2 or class 3, except circuits that interconnect these 
  2.18  systems through communication, alarm, and security systems are 
  2.19  exempted from this paragraph; 
  2.20     (2) class 2 or class 3 circuits in electrical cabinets, 
  2.21  enclosures, or devices containing physically unprotected 
  2.22  circuits other than class 2 or class 3; or 
  2.23     (3) technology circuits and systems in hazardous classified 
  2.24  locations as covered by chapter 5 of the National Electrical 
  2.25  Code.  
  2.26     (c) Companies and their employees that plan, lay out, 
  2.27  install, alter, or repair class 2 and class 3 remote control 
  2.28  wiring associated with plug or cord and plug connected 
  2.29  appliances other than security or fire alarm systems installed 
  2.30  in a residential dwelling are not required to hold a license 
  2.31  under sections 326.241 to 326.248.  
  2.32     (d) Heating, ventilating, air conditioning, and 
  2.33  refrigeration contractors and their employees are not required 
  2.34  to hold or obtain a license under sections 326.241 to 326.248 
  2.35  when performing heating, ventilating, air conditioning, or 
  2.36  refrigeration work as described in section 326.245.  
  3.1      (e) Employees of any electric, communications, or railway 
  3.2   utility, cable communications company as defined in section 
  3.3   238.02, or a telephone company as defined under section 237.01 
  3.4   or its employees, or of any independent contractor performing 
  3.5   work on behalf of any such utility, cable communications 
  3.6   company, or telephone company, shall not be required to hold a 
  3.7   license under sections 326.241 to 326.248: 
  3.8      (1) while performing work on installations, materials, or 
  3.9   equipment which are owned or leased, and operated and maintained 
  3.10  by such utility, cable communications company, or telephone 
  3.11  company in the exercise of its utility, antenna, or telephone 
  3.12  function, and which 
  3.13     (i) are used exclusively for the generation, 
  3.14  transformation, distribution, transmission, or metering of 
  3.15  electric current, or the operation of railway signals, or the 
  3.16  transmission of intelligence and do not have as a principal 
  3.17  function the consumption or use of electric current or provided 
  3.18  service by or for the benefit of any person other than such 
  3.19  utility, cable communications company, or telephone company, and 
  3.20     (ii) are generally accessible only to employees of such 
  3.21  utility, cable communications company, or telephone company or 
  3.22  persons acting under its control or direction, and 
  3.23     (iii) are not on the load side of the service point or 
  3.24  point of entrance; 
  3.25     (2) while performing work on installations, materials, or 
  3.26  equipment which are a part of the street lighting operations of 
  3.27  such utility; or 
  3.28     (3) while installing or performing work on outdoor area 
  3.29  lights which are directly connected to a utility's distribution 
  3.30  system and located upon the utility's distribution poles, and 
  3.31  which are generally accessible only to employees of such utility 
  3.32  or persons acting under its control or direction.  
  3.33     (f) An owner shall not be required to hold or obtain a 
  3.34  license under sections 326.241 to 326.248.