1.1.................... moves to amend H. F. No. 1208, the second engrossment, as follows:
1.2Page 2, line 33, strike "of"
1.3Page 2, line 34, delete the new language
1.4Page 2, line 35, delete everything before "shall"
1.5Page 4, line 22, delete everything after the period
1.6Page 4, delete lines 23 to 27
1.7Page 20, line 18, reinstate "public safety" and delete "labor and industry"
1.8Page 26, line 29, delete "Mechanical Systems Board,"
1.9Page 26, line 30, delete "Fire Protection Board,"
1.10Page 38, delete section 26
1.11Page 57, delete section 19 and insert:

1.12    "Sec. 9. Minnesota Statutes 2006, section 326.241, is amended to read:
1.13326.241 BOARD OF ELECTRICITY.
1.14    Subdivision 1. Composition. The Board of Electricity shall consist of 11 members,
1.15residents of the state, appointed by the governor of whom two shall be representatives
1.16of the electrical suppliers in the rural areas of the state, two shall be master electricians,
1.17who shall be contractors, two journeyman electricians, one registered consulting electrical
1.18engineer, two power limited technicians, who shall be technology system contractors
1.19primarily engaged in the business of installing technology circuits or systems, and two
1.20public members as defined by section 214.02. Membership terms, compensation of
1.21members, removal of members, the filling of membership vacancies, and fiscal year and
1.22reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of
1.23staff, administrative services and office space; the review and processing of complaints;
1.24the setting of board fees; and other provisions relating to board operations shall be as
1.25provided in chapter 214. (a) The Board of Electricity shall consist of 12 members who
1.26must be residents of the state, appointed by the governor, and confirmed by the senate.
1.27The commissioner of the Department of Labor and Industry or the commissioner's
2.1designee shall be a nonvoting member. The first appointed board members shall serve
2.2an initial term of four years, except where designated otherwise. The governor shall
2.3then reappoint the current members or appoint replacement members, all or in part, to
2.4subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
2.5of the term. Vacancies occurring with less than six months time remaining in the term
2.6shall be filled for the existing term and the following three-year term. Of the 11 appointed
2.7members, the composition shall be as follows:
2.8    (1) one member shall be an electrical inspector;
2.9    (2) one member shall be a licensed electrical engineer;
2.10    (3) one member shall be a representative of the electrical industry;
2.11    (4) four members shall be electrical contractors or their representatives, engaged in
2.12the scope of electrical systems, two from the metro area and two from greater Minnesota;
2.13    (5) two members shall be electrical journeypersons engaged in the scope of electrical
2.14systems installation, one from the metro area and one from greater Minnesota; and
2.15    (6) two members shall be representatives from utility companies in Minnesota
2.16who shall serve an initial term of two years.
2.17    (b) Except for the licensed electrical engineer and the members from utilities
2.18companies, all persons appointed to the board must possess a current license or
2.19competency credential required for contractors and persons engaged in the design,
2.20installation, alteration, and inspection of electrical systems.
2.21    (c) Compensation and removal of board members is governed by section 15.0575.
2.22    (d) The commissioner of labor and industry shall provide office space, administrative
2.23support, and staff assistance as requested by the board.
2.24    Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
2.25where authorized by law, shall have power to:
2.26    (1) Elect its own officers.
2.27    (2) Engage and fix the compensation of inspectors, and hire employees. The salary
2.28of the executive secretary shall be established pursuant to chapter 43A. All agents and
2.29employees other than contract inspectors shall be in the classified service and shall be
2.30compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or
2.31journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall give
2.32bond in an amount fixed by the board, conditioned upon the faithful performance of
2.33their duties.
2.34    (3) Pay such other expenses as it may deem necessary in the performance of its
2.35duties, including rent, supplies, and such like.
3.1    (4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon
3.2request, such additional voluntary inspections and reviews as it may deem appropriate.
3.3    (5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
3.4censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
3.5relief and civil penalties in court as authorized by section 326.242 and other provisions
3.6of Minnesota law.
3.7    (6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248
3.8and to provide for the amount and collection of fees for inspection and other services. All
3.9rules shall be adopted in accordance with chapter 14.
3.10    (1) elect its own officers;
3.11    (2) specify the electrical code that must be followed in Minnesota;
3.12    (3) maintain an appeals committee to make determinations regarding any complaints,
3.13code amendments, code compliance, and code clarifications filed with the board;
3.14    (4) adopt rules necessary for the regulation and licensing of contractors,
3.15journeypersons, apprentices, and other persons engaged in the design, installation,
3.16alteration, and inspection of electrical systems;
3.17    (5) adopt rules necessary for 16 hours of yearly continuing education for individuals
3.18regulated and licensed under this section; and
3.19    (6) pay expenses deemed necessary in the performance of board duties, including
3.20rent, utilities, and supplies.
3.21    (b) Complaints filed under this section may originate with electrical inspectors,
3.22contractors, or their employees, or other persons engaged in the design, installation, and
3.23alteration of an electrical system. The board shall make their findings known to all parties
3.24and the commissioner of the Department of Labor and Industry within the time period
3.25specified by the board.
3.26    Subd. 3. Fees and finances; disposition. All fees collected under the provisions
3.27of sections 326.241 to 326.248 are to be credited to a special account in the state
3.28treasury. Money in the account is appropriated to the Board of Electricity to administer
3.29and enforce sections 326.241 to 326.248, to pay indirect costs, to compensate contract
3.30electrical inspectors for inspections performed, and to make refunds. The board shall
3.31submit an annual budget to the commissioner of the Department of Labor and Industry.
3.32The commissioner shall collect fees necessary for the operation and continuance of the
3.33board. The commissioner is responsible for the enforcement of the codes and licensing
3.34requirements determined by the board. The board shall set the fees for licenses and
3.35certification under this section and for all electrical system permits and submit the fee
3.36structure to the commissioner of labor and industry. Funds collected under section 326.50
4.1shall be transferred to the board quarterly to meet ongoing expenses deemed necessary
4.2in performance of board duties including rent, utilities, and supplies in the manner and
4.3amount specified in section 43A.18, subdivision 2.
4.4    Subd. 4. License required; rules; time credit. No person shall engage in or work at
4.5the business of a contracting electrician unless issued an individual contracting electrician
4.6license to do so by the Department of Labor and Industry under rules prescribed by the
4.7board. No person shall engage in or work at the business of journeyman electrician
4.8unless issued an individual journeyman electrician competency license to do so by
4.9the Department of Labor and Industry under rules prescribed by the board. A person
4.10possessing an individual contracting electrician competency license may also work as a
4.11journeyman electrician.
4.12    No person, partnership, firm, or corporation shall install electrical systems in
4.13connection with the dealing in and selling of electrical material and supplies, unless, at
4.14all times, a person possessing a contracting electrician individual competency license or
4.15a journeyman electrician individual competency license is responsible for the electrical
4.16work conducted by the person, partnership, firm, or corporation being in conformity with
4.17Minnesota Statutes and Minnesota Rules.
4.18    The board shall prescribe rules, not inconsistent herewith, for the examination and
4.19individual competency licensing of contracting electricians and journeyman electricians
4.20and for issuance of permits by the department and municipalities for the installation of
4.21electrical work.
4.22    An employee performing the duties of inspector for the Department of Labor and
4.23Industry in regulating electricians shall not receive time credit for the inspection duties
4.24when making an application for a license required by this section.
4.25    Subd. 5. Electrical business license. Before obtaining a permit for electrical work,
4.26a person, partnership, firm, or corporation must obtain or utilize a business with an
4.27electrical business license.
4.28    A person, partnership, firm, or corporation must have at all times as a full-time
4.29employee at least one individual holding an individual contracting electrician competency
4.30license. Only full-time employees who hold individual contracting electrician licenses
4.31are authorized to obtain electrical permits in the name of the business. The individual
4.32contracting electrician competency license holder can be the employee of only one
4.33electrical business at a time.
4.34    To retain its business license without reapplication, a person, partnership, firm, or
4.35corporation holding an electrical business license that ceases to employ a person holding
4.36an individual contracting electrician competency license shall have 60 days from the
5.1last day of employment of its previous individual contracting electrician competency
5.2license holder to employ another license holder. The Department of Labor and Industry
5.3must be notified no later than five days after the last day of employment of the previous
5.4license holder.
5.5    No electrical work may be performed during any period when the electrical business
5.6does not have an individual contracting electrician competency license holder on staff. If a
5.7license holder is not employed within 60 days, the electrical business license shall lapse.
5.8    The board shall prescribe by rule procedures for application for and issuance of
5.9business licenses and fees.
5.10    Subd. 6. Application; fees. Application for an individual contracting electrician
5.11competency or an individual journeyman electrician competency license shall be made
5.12to the Department of Labor and Industry, with fees. The applicant shall be licensed only
5.13after passing an examination administered by the Department of Labor and Industry in
5.14accordance with rules adopted by the board.
5.15    Subd. 7. Board may revoke licenses. The board may revoke or suspend, for cause,
5.16any license obtained through error or fraud, or if the licensee is shown to be incompetent,
5.17or for a violation of any of its rules and regulations applicable to electrical work. The
5.18licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
5.19on at least ten days' notice, with the right to produce testimony. The hearing shall be held
5.20pursuant to chapter 14. The board shall issue a final order based on shall issue a final
5.21order based on testimony and the record at hearing. One year from the date of revocation
5.22application may be made for a new license.
5.23    Subd. 8. Deposit of fees. All fees received under this section shall be deposited by
5.24the Department of Labor and Industry to the credit of the general fund in the state treasury.
5.25The salaries and per diem of the inspectors and examiners hereinbefore provided, their
5.26expenses, and all incidental expenses of the department and board in carrying out the
5.27provisions of sections 326.46 to 326.52 shall be paid from the appropriations made to the
5.28Department of Labor and Industry. The board by rule shall set the amount by rule shall
5.29set the amount of the fees at a level that approximates, to the greatest extent possible, the
5.30salaries, per diem, and incidental expenses of the department."
5.31Page 62, line 20, after "work" insert "required to be performed by a licensed
5.32individual"
5.33Page 62, line 22, after "work" insert "required to be performed by a licensed
5.34individual"
5.35Page 66, line 19, delete "$100" and insert "$15"
6.1Page 108, line 15, reinstate "seven" and delete "16"
6.2Page 179, lines 24 and 25, delete the new language
6.3Page 179, line 26, delete everything before "The"
6.4Page 180, line 30, after the semicolon, insert "and"
6.5Page 180, delete lines 31 and 33
6.6Page 180, line 32, delete "(4)" and insert "(3)" and delete "; and" and insert a period
6.7Page 181, delete article 16
6.8Page 187, delete article 19
6.9Page 189, line 6, before "REPEALER" insert "BUDGET BALANCING;"
6.10Page 189, after line 6, insert:

6.11    "Section 1. BUDGET BALANCING.
6.12    Subdivision 1. Fiscal years 2008 and 2009. On or before June 30, 2009, the
6.13commissioner of finance must transfer an amount, estimated to be $3,663,000, from the
6.14construction codes fund to the general fund that offsets the net effect to the general fund of
6.15revenue changes and spending changes in this act during fiscal years 2008 and 2009.
6.16    Subd. 2. Fiscal years 2010 and 2011. On or before June 30, 2011, the commissioner
6.17of finance must transfer an amount, estimated to be $3,572,000, from the construction
6.18codes fund to the general fund that offsets the net effect to the general fund of revenue
6.19changes and spending changes in this act during fiscal years 2010 and 2011.
6.20    Subd. 3. Instructions to the commissioner. The commissioner of labor and
6.21industry must manage expenditures from the construction codes account in a manner so
6.22that adequate balances remain in the account to make the transfers required in subdivisions
6.231 and 2."
6.24Renumber the sections in sequence and correct the internal references
6.25Correct the title numbers accordingly