1.1    .................... moves to amend H. F. No. 797, the delete everything amendment
1.2(H0797DE1), as follows:
1.3Page 108, after line 34 insert:

1.4    "Sec. 12. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
1.5    Subdivision 1. Rules. The state commissioner of health Plumbing Board may, by
1.6rule, prescribe minimum standards which shall be uniform, and which standards shall
1.7thereafter be effective for all new plumbing installations, including additions, extensions,
1.8alterations, and replacements connected with any water or sewage disposal system owned
1.9or operated by or for any municipality, institution, factory, office building, hotel, apartment
1.10building, or any other place of business regardless of location or the population of the
1.11city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
1.124715.3130, as they apply to review of plans and specifications, the commissioner may
1.13allow plumbing construction, alteration, or extension to proceed without approval of the
1.14plans or specifications by the commissioner.
1.15    Except for powers granted to the Plumbing Board, the commissioner of labor and
1.16industry shall administer the provisions of sections 326.37 to 326.45 and for such purposes
1.17may employ plumbing inspectors and other assistants.

1.18    Sec. 13. [326.372] PLUMBING BOARD.
1.19    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 12 voting
1.20members who must be residents of the state, appointed by the governor, and confirmed
1.21by the senate. The commissioner of labor and industry or the commissioner's designee
1.22shall be a voting member. The first appointed board members shall serve an initial term
1.23of four years, except where designated otherwise. The governor shall then reappoint the
1.24current members or appoint replacement members, all or in part, to subsequent three-year
1.25terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
1.26occurring with less than six months time remaining in the term shall be filled for the
2.1existing term and the following three-year term. Of the 11 appointed members, the
2.2composition shall be as follows:
2.3    (1) two members shall be municipal plumbing inspectors, one from the seven-county
2.4metro area and one from greater Minnesota;
2.5    (2) one member shall be a licensed mechanical engineer;
2.6    (3) two members serving an initial term of three years shall be plumbing contractors
2.7or the representative of the contractor, engaged in a commercial scope of plumbing
2.8contracting, one from the metro area and one from greater Minnesota;
2.9    (4) two members serving an initial term of three years shall be plumbing contractors
2.10or their representatives, engaged in the residential scope of plumbing contracting, one
2.11from the metro area and one from greater Minnesota;
2.12    (5) two members serving an initial term of two years shall be plumbing
2.13journeypersons engaged in a commercial scope of plumbing systems installation, one
2.14from the metro area and one from greater Minnesota; and
2.15    (6) two members serving an initial term of two years shall be plumbing
2.16journeypersons engaged in a residential scope of plumbing systems installation, one from
2.17the metro area and one from greater Minnesota.
2.18    (b) Except for the licensed mechanical engineer, all persons appointed to the
2.19council must possess a current Minnesota plumbing license and maintain the license for
2.20the duration of their term.
2.21    Subd. 2. Powers. (a) The board shall have the power to:
2.22    (1) elect its chairperson;
2.23    (2) specify the plumbing code that must be followed in this state;
2.24    (3) maintain a review process to make determinations regarding any complaints,
2.25code amendments, code compliance, and code clarifications filed with the board;
2.26    (4) adopt rules necessary for the regulation and licensing of contractors,
2.27journeypersons, apprentices, and other persons engaged in the design, installation, and
2.28alteration of plumbing systems that would include the issuing, renewing, revoking,
2.29refusing to renew, and suspending a plumbing license, except for persons licensed under
2.30sections 326.02 to 326.15;
2.31    (5) adopt rules necessary for continuing education for individuals regulated and
2.32licensed under this section;
2.33    (6) make recommendations to the commissioner regarding educational requirements
2.34for plumbing inspectors; and
2.35    (7) pay expenses deemed necessary in the performance of board duties, including:
3.1    (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
3.2subdivision 2; and
3.3    (ii) per diem and expenses for its members as provided in section 15.0575,
3.4subdivision 3.
3.5    (b) Requests under the review process in paragraph (a), clause (3), may originate
3.6with the municipal inspectors, the plumbing contractors or their employees, and other
3.7persons engaged in the design, installation, and alteration of plumbing systems. The board
3.8shall make its findings known to all parties and the commissioner of labor and industry
3.9within the time period specified by the board.
3.10    Subd. 3. Fees and finances. The board shall submit an annual budget to the
3.11commissioner of labor and industry. The commissioner shall collect fees under section
3.12326.42 necessary for the operation and continuance of the board. The commissioner is
3.13responsible for the enforcement of the codes and licensing requirements determined by
3.14the board. The board shall set the fees for licenses and certification under this section.
3.15The commissioner of finance shall make a quarterly certification of the amount necessary
3.16to pay expenses required for operation of the board under subdivision 2, paragraph (a),
3.17clause (6). The certified amount is appropriated to the board for those purposes from
3.18the fees collected under section 326.42."
3.19Page 109, line 7, delete everything before the period and insert "Plumbing Board"
3.20Page 109, line 22, strike "commissioner of"
3.21Page 109, line 23, delete "labor and industry" and insert "Plumbing Board"
3.22Page 109, line 36, strike "commissioner of " and delete "labor" and insert "Plumbing
3.23Board"
3.24Page 110, line 1, delete "and industry"
3.25Page 110, line 9, strike "department of" and delete "labor and industry" and insert
3.26"Plumbing Board"
3.27Page 110, after line 10, insert:

3.28    "Sec. .... Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
3.29    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
3.30of practical plumbing experience is eligible to take the journeyman plumbing examination.
3.31Up to 24 months of practical plumbing experience prior to registration as an apprentice
3.32may be applied to the four-year experience requirement. However, none of this practical
3.33plumbing experience may be applied if the person did not have any practical plumbing
3.34experience in the 12-month period immediately prior to registration. The commissioner
3.35Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
3.36experience is applicable in preparing for the journeyman's examination. If two years
4.1after completing the training the person has not taken the examination, the four years
4.2of experience shall be forfeited.
4.3    The commissioner may allow an extension of the two-year period for taking the
4.4exam for cases of hardship or other appropriate circumstances.

4.5    Sec. .... Minnesota Statutes 2006, section 326.405, is amended to read:
4.6326.405 RECIPROCITY WITH OTHER STATES.
4.7    The commissioner of health may license without examination, upon payment of the
4.8required fee, nonresident applicants who are licensed under the laws of a state having
4.9standards for licensing plumbers which the commissioner determines are substantially
4.10equivalent to the standards of this state if the other state grants similar privileges to
4.11Minnesota residents duly licensed in this state. The commissioner may issue a temporary
4.12license without examination, upon payment of the required fee, nonresident applicants
4.13who are licensed under the laws of a state having standards for licensing which the
4.14commissioner determines are substantially equivalent to the standards of this state if
4.15the other state grants similar privileges to Minnesota residents duly licensed in this
4.16state. Applicants who receive a temporary license under this section may acquire an
4.17aggregate of 24 months of experience before they have to apply and pass the licensing
4.18examination. Applicants must register with the commissioner of labor and industry and
4.19the commissioner shall set a fee for a temporary license. Applicants have five years in
4.20which to comply with this section.

4.21    Sec. .... Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
4.22    Subdivision 1. Application. Applications for plumber's license shall be made to the
4.23state commissioner of health labor and industry, with fee. Unless the applicant is entitled
4.24to a renewal, the applicant shall be licensed by the state commissioner of health labor and
4.25industry only after passing a satisfactory examination administered by the examiners
4.26commissioner of labor and industry, based upon rules adopted by the Plumbing Board
4.27showing fitness. Examination fees for both journeyman and master plumbers shall be in
4.28an amount prescribed by the state commissioner of health labor and industry pursuant to
4.29section 144.122. Upon being notified that of having successfully passed the examination
4.30for original license the applicant shall submit an application, with the license fee herein
4.31provided. License fees shall be in an amount prescribed by the state commissioner of
4.32health labor and industry pursuant to section 144.122. Licenses shall expire and be
4.33renewed as prescribed by the commissioner pursuant to section 144.122. "
4.34Page 111, before line 13, insert:


5.1    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
5.2326.46 SUPERVISION OF HIGH PRESSURE PIPING.
5.3    The Department of Labor and Industry shall supervise all high pressure piping
5.4used on all projects in this state, and may prescribe minimum standards which shall be
5.5uniform under rules adopted by the board.
5.6    The department shall employ inspectors and other assistants to carry out the
5.7provisions of sections 326.46 to 326.52.

5.8    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
5.9to read:
5.10    Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.

5.11    Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
5.12    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
5.13provide for the inspection of high pressure piping system materials and construction, and
5.14provide that it shall not be constructed or installed except in accordance with minimum
5.15state standards. The authority designated by the ordinance for issuing high pressure piping
5.16permits and assuring compliance with state standards must report to the Department of
5.17Labor and Industry all violations of state high pressure piping standards.
5.18    A municipality may not adopt an ordinance with high pressure piping standards that
5.19does not conform to the uniform standards prescribed by the Department of Labor and
5.20Industry board. The Department of Labor and Industry board shall specify by rule the
5.21minimum qualifications for municipal inspectors.

5.22    Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
5.23    Subd. 6. Filing and inspection fees. The Department of Labor and Industry
5.24must charge a filing fee set by the commissioner board under section 16A.1285 for all
5.25applications for permits to construct or install high pressure piping systems. The fee for
5.26inspection of high pressure piping system construction or installation shall be set by the
5.27commissioner board under section 16A.1285. This subdivision does not apply where a
5.28permit is issued by a municipality complying with subdivision 2.

5.29    Sec. 5. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
5.30    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
5.31consist of 12 members who must be residents of the state, appointed by the governor, and
5.32confirmed by the senate. The commissioner of the Department of Labor and Industry or
5.33the commissioner's designee shall be a voting member. The first appointed board members
5.34shall serve an initial term of four years, except where designated otherwise. The governor
5.35shall then reappoint the current members or appoint replacement members, all or in part, to
6.1subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
6.2of the term. Vacancies occurring with less than six months time remaining in the term
6.3shall be filled for the existing term and the following three-year term. Of the 11 appointed
6.4members, the composition shall be as follows:
6.5    (1) one member shall be a high pressure piping inspector;
6.6    (2) one member shall be a licensed mechanical engineer;
6.7    (3) one member shall be a representative of the piping industry;
6.8    (4) four members shall be high pressure piping contractors or their representatives,
6.9engaged in the scope of high pressure piping, two from the metro area and two from
6.10greater Minnesota;
6.11    (5) two members shall be high pressure piping journeypersons engaged in the scope
6.12of high pressure piping systems installation, one from the metro area and one from greater
6.13Minnesota; and
6.14    (6) two members shall be representatives from utility companies in Minnesota
6.15who shall serve an initial term of two years.
6.16    (b) Except for the licensed mechanical engineer and the members from utilities
6.17companies, all persons appointed to the board must possess a current license or
6.18competency credential required for contractors and persons engaged in the design,
6.19installation, alteration, and inspection of high pressure piping systems.
6.20    Subd. 2. Powers. (a) The board shall have the power to:
6.21    (1) elect its chair;
6.22    (2) specify the high pressure piping code that must be followed in Minnesota;
6.23    (3) maintain an appeals committee to make determinations regarding any complaints,
6.24code amendments, code compliance, and code clarifications filed with the board;
6.25    (4) adopt rules necessary for the regulation and licensing of contractors,
6.26journeypersons, trainees, and persons engaged in the design, installation, alteration, and
6.27inspection of high pressure piping systems, except for persons licensed under sections
6.28326.02 to 326.15;
6.29    (5) adopt rules necessary for continuing education for individuals regulated and
6.30licensed under this section; and
6.31    (6) pay expenses deemed necessary in the performance of board duties, including:
6.32    (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
6.33subdivision 2; and
6.34    (ii) per diem and expenses for its members as provided in section 15.0575,
6.35subdivision 3.
7.1    (b) Complaints filed under this section may originate with high pressure piping
7.2inspectors, contractors, or their employees, or other persons engaged in the design,
7.3installation, and alteration of a high pressure piping system. The board shall make their
7.4findings known to all parties and the commissioner of the Department of Labor and
7.5Industry within the time period specified by the board.
7.6    Subd. 3. Fee and finances. The board shall submit an annual budget to the
7.7commissioner of the Department of Labor and Industry. The commissioner shall collect
7.8fees under section 326.47, subdivision 6, necessary for the operation and continuance
7.9of the board. The commissioner is responsible for the enforcement of the codes and
7.10licensing requirements determined by the board. The board shall set the fees for licenses
7.11and certification under this section and for all high pressure piping system permits and
7.12submit the fee structure to the commissioner of labor and industry. The commissioner
7.13of finance shall make a quarterly certification of the amount necessary to pay expenses
7.14required for operation of the board under subdivision 2, paragraph (a), clause (6). The
7.15certified amount is appropriated to the board for those purposes from the fees collected
7.16under section 326.50.

7.17    Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
7.18    Subdivision 1. License required; rules; time credit. No person shall engage in
7.19or work at the business of a contracting pipefitter unless issued an individual contracting
7.20pipefitter license to do so by the Department of Labor and Industry under rules prescribed
7.21by the board. No license shall be required for repairs on existing installations. No
7.22person shall engage in or work at the business of journeyman pipefitter unless issued an
7.23individual journeyman pipefitter competency license to do so by the Department of Labor
7.24and Industry under rules prescribed by the board. A person possessing an individual
7.25contracting pipefitter competency license may also work as a journeyman pipefitter.
7.26    No person, partnership, firm, or corporation shall install high pressure piping, nor
7.27install high pressure piping in connection with the dealing in and selling of high pressure
7.28pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
7.29individual competency license or a journeyman pipefitter individual competency license is
7.30responsible for the high pressure pipefitting work conducted by the person, partnership,
7.31firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
7.32    The Department of Labor and Industry board shall prescribe rules, not inconsistent
7.33herewith, for the examination and individual competency licensing of contracting
7.34pipefitters and journeyman pipefitters and for issuance of permits by the department and
7.35municipalities for the installation of high pressure piping.
8.1    An employee performing the duties of inspector for the Department of Labor and
8.2Industry in regulating pipefitting shall not receive time credit for the inspection duties
8.3when making an application for a license required by this section.

8.4    Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
8.5    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
8.6for high pressure piping work, a person, partnership, firm, or corporation must obtain or
8.7utilize a business with a high pressure piping business license.
8.8    A person, partnership, firm, or corporation must have at all times as a full-time
8.9employee at least one individual holding an individual contracting pipefitter competency
8.10license. Only full-time employees who hold individual contracting pipefitter licenses
8.11are authorized to obtain high pressure piping permits in the name of the business. The
8.12individual contracting pipefitter competency license holder can be the employee of only
8.13one high pressure piping business at a time.
8.14    To retain its business license without reapplication, a person, partnership, firm, or
8.15corporation holding a high pressure piping business license that ceases to employ a person
8.16holding an individual contracting pipefitter competency license shall have 60 days from
8.17the last day of employment of its previous individual contracting pipefitter competency
8.18license holder to employ another license holder. The Department of Labor and Industry
8.19must be notified no later than five days after the last day of employment of the previous
8.20license holder.
8.21    No high pressure pipefitting work may be performed during any period when the
8.22high pressure pipefitting business does not have an individual contracting pipefitter
8.23competency license holder on staff. If a license holder is not employed within 60 days,
8.24the pipefitting business license shall lapse.
8.25    The Department of Labor and Industry board shall prescribe by rule procedures for
8.26application for and issuance of business licenses and fees.

8.27    Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
8.28to read:
8.29    Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
8.30license without examination, upon payment of the required fee, nonresident applicants
8.31who are licensed under the laws of a state having standards for licensing which the
8.32commissioner determines are substantially equivalent to the standards of this state if
8.33the other state grants similar privileges to Minnesota residents duly licensed in this
8.34state. Applicants who receive a temporary license under this section may acquire an
8.35aggregate of 24 months of experience before they have to apply and pass the licensing
8.36examination. Applicants must register with the commissioner of labor and industry and
9.1the commissioner shall set a fee for a temporary license. Applicants have five years in
9.2which to comply with this section.

9.3    Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
9.4326.50 APPLICATION; FEES.
9.5    Application for an individual contracting pipefitter competency or an individual
9.6journeyman pipefitter competency license shall be made to the Department of Labor and
9.7Industry, with fees. The applicant shall be licensed only after passing an examination
9.8administered by the Department of Labor and Industry in accordance with rules adopted
9.9by the board.

9.10    Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read:
9.11326.51 DEPARTMENT MAY REVOKE LICENSES.
9.12    The department board may revoke or suspend, for cause, any license obtained
9.13through error or fraud, or if the licensee is shown to be incompetent, or for a violation
9.14of any of its rules and regulations applicable to high pressure pipefitting work. The
9.15licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
9.16on at least ten days' notice, with the right to produce testimony. The hearing shall be
9.17held pursuant to chapter 14. The commissioner board shall issue a final order based on
9.18testimony and the record at hearing. One year from the date of revocation application
9.19may be made for a new license.

9.20    Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read:
9.21326.52 DEPOSIT OF FEES.
9.22    All fees received under sections 326.46 to 326.52 shall be deposited by the
9.23Department of Labor and Industry to the credit of the general fund in the state treasury.
9.24The salaries and per diem of the inspectors and examiners hereinbefore provided, their
9.25expenses, and all incidental expenses of the department and board in carrying out the
9.26provisions of sections 326.46 to 326.52 shall be paid from the appropriations made to the
9.27Department of Labor and Industry. The commissioner board by rule shall set the amount
9.28of the fees at a level that approximates, to the greatest extent possible, the salaries, per
9.29diem, and incidental expenses of the department.

9.30    Sec. 12. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
9.31SYSTEMS.
9.32    The authority of the commissioner of labor and industry to adopt rules relating to
9.33high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
9.34Licenses and permits currently in effect remain in effect according to their terms unless
9.35affected by board action. Rules adopted by the commissioner of labor and industry remain
10.1in effect until amended or repealed by the board. The commissioner of administration
10.2may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of
10.3authority in this act.

10.4    Sec. 13. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
10.5PRESSURE PIPING SYSTEMS.
10.6    The governor must complete the appointments required by Minnesota Statutes,
10.7section 326.471, no later than July 1, 2007. The commissioner of labor and industry
10.8shall convene the first meeting of the Board of High Pressure Piping Systems no later
10.9than September 1, 2007.

10.10    Sec. 14. TRANSFER OF AUTHORITY; PLUMBING BOARD.
10.11    The authority of the commissioners of health and labor and industry to adopt rules
10.12relating to plumbers is transferred to the Plumbing Board. Licenses and permits currently
10.13in effect remain in effect according to their terms unless affected by board action. Rules
10.14adopted by the commissioner of health or labor and industry remain in effect until amended
10.15or repealed by the board. The commissioner of administration may not use the authority
10.16under Minnesota Statutes, section 16B.37, to modify the transfers of authority in this act.

10.17    Sec. 15. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
10.18    The governor must complete the appointments required by Minnesota Statutes,
10.19section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
10.20convene the first meeting of the Plumbing Board no later than September 1, 2007."
10.21Page 114, after line 13 insert:


10.24    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
10.25    Subd. 6g. Personal direct supervision. The term "personal "Direct supervision"
10.26means that a person licensed to perform electrical work oversees and directs the electrical
10.27work performed by an unlicensed person such that:
10.28    (1) the licensed person actually reviews the electrical work performed by the
10.29unlicensed person an unlicensed individual is being supervised by an individual licensed
10.30to perform the electrical work being supervised;
10.31    (2) during the entire working day of the unlicensed individual, the licensed
10.32individual is physically present at the location where the unlicensed individual is
10.33preforming electrical work and immediately available to the unlicensed individual;
10.34    (3) the licensed person individual is physically present and immediately available to
10.35the unlicensed person individual at all times for assistance and direction; and
11.1    (4) electronic supervision does not meet the requirement of physically present and
11.2immediately available;
11.3    (5) the licensed individual shall review the electrical work performed by the
11.4unlicensed individual before the electrical work is operated; and
11.5    (3) (6) the licensed person individual is able to and does determine that all electrical
11.6work performed by the unlicensed person individual is performed in compliance with
11.7section 326.243.
11.8    The licensed person individual is responsible for the compliance with section
11.9326.243 of all electrical work performed by the unlicensed person individual.

11.10    Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read:
11.11    Subdivision 1. Composition. (a) The Board of Electricity shall consist of 11 12
11.12members, residents of the state, appointed by the governor and confirmed by the senate.
11.13The commissioner of labor and industry or the commissioner's designee shall be a
11.14nonvoting member. The first appointed board members shall serve an initial term of
11.15four years, except where designated otherwise. The governor shall then reappoint the
11.16current members or appoint replacement members, all or in part, to subsequent three-year
11.17terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
11.18occurring with less than six months time remaining in the term shall be filled for the
11.19existing term and the following three-year term. Of the 11 appointed members, the
11.20composition shall be as follows:of whom
11.21    (1) two shall be representatives of the electrical suppliers in the rural areas of the
11.22state,
11.23    (2) two shall be master electricians, who shall be contractors,
11.24    (3) two journeyman electricians,
11.25    (4) one registered consulting electrical engineer,
11.26    (5) two power limited technicians, who shall be technology system contractors
11.27primarily engaged in the business of installing technology circuits or systems, and
11.28    (6) two public members as defined by section 214.02.
11.29    (b) Except as provided herein membership terms, compensation of members,
11.30removal of members, the filling of membership vacancies, and fiscal year and reporting
11.31requirements shall be as provided in sections 214.07 to 214.09. The provision of staff,
11.32administrative services and office space; the review and processing of complaints; the
11.33setting of board fees; and other provisions relating to board operations shall be as provided
11.34in chapter 214.

11.35    Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
12.1    Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
12.2where authorized by law, shall have power to:
12.3    (1) Elect its own officers.
12.4    (2) Engage and fix the compensation of inspectors, and hire employees. The salary
12.5of the executive secretary shall be established pursuant to chapter 43A. All agents and
12.6employees other than contract inspectors shall be in the classified service and shall be
12.7compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or
12.8journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall give
12.9bond in an amount fixed by the board, conditioned upon the faithful performance of their
12.10duties. (3) Pay such other expenses as it may deem necessary in the performance of its
12.11duties, including rent, supplies, and such like.
12.12    (3) Select from its members individuals to serve on any other state advisory councils,
12.13boards, or committees.
12.14    (4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon
12.15request, such additional voluntary inspections and reviews as it may deem appropriate.
12.16    (5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
12.17censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
12.18relief and civil penalties in court as authorized by section 326.242 and other provisions of
12.19Minnesota law. Establish the committees required herein and any others deemed necessary
12.20by the board or requested by the commissioner.
12.21    (6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248
12.22and to provide for the amount and collection of fees for inspection and other services. All
12.23rules shall be adopted in accordance with chapter 14.
12.24    (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as
12.25requested by the commissioner.
12.26    (b) Except for the powers granted to the Electricity Board the commissioner of labor
12.27and industry shall administer the provisions of section 326.241 to 326.248 and for such
12.28purposes may employ electrical inspectors and other assistants.

12.29    Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
12.30    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual
12.31means an individual who has not been licensed by the Board of Electricity as a Class A
12.32master electrician or as a Class A journeyman electrician. An unlicensed individual shall
12.33not perform electrical work required to be performed by a licensed individual unless the
12.34individual has first registered with the Board of Electricity as an unlicensed individual.
12.35Thereafter, an unlicensed individual shall not perform electrical work required to be
12.36performed by a licensed individual unless the work is performed under the personal direct
13.1supervision of a person an individual actually licensed to perform such work. and The
13.2licensed electrician individual and unlicensed persons are individual must be employed
13.3by the same employer. Licensed persons individuals shall not permit unlicensed persons
13.4individuals to perform electrical work except under the personal direct supervision of
13.5a person an individual actually licensed to perform such work. Unlicensed persons
13.6individuals shall not supervise the performance of electrical work or make assignments
13.7of electrical work to unlicensed persons individuals. Except for technology circuit or
13.8system work, licensed persons individuals shall supervise no more than two unlicensed
13.9persons individuals. For technology circuit or system work, licensed persons individuals
13.10shall supervise no more than three unlicensed persons individuals.
13.11    (b) Notwithstanding any other provision of this section, no person individual other
13.12than a master electrician or power limited technician shall plan or lay out electrical wiring,
13.13apparatus, or equipment for light, heat, power, or other purposes, except circuits or
13.14systems exempted from personal licensing by subdivision 12, paragraph (b).
13.15    (c) Contractors employing unlicensed persons performing individuals to perform
13.16electrical work shall maintain records establishing compliance with this subdivision,
13.17which that shall designate identify all unlicensed persons individuals performing electrical
13.18work, except for persons working on circuits or systems exempted from personal licensing
13.19by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
13.20records as provided for in section 326.244, subdivision 6.
13.21    (d) When a licensed individual supervises the electrical work of an unlicensed
13.22individual, the licensed individual is responsible for ensuring that the electrical work
13.23complies with sections 326.241 to 326.248 and rules adopted.

13.24    Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
13.25to read:
13.26    Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
13.27performing electrical work for a contractor or employer shall register with the department
13.28in the manner prescribed by the commissioner. Experience credit for electrical work
13.29performed after January 1, 2008, by an applicant for a license identified in this section
13.30shall not be granted where the applicant has not registered with or is not licensed by
13.31the department.

13.32    Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
13.33    Subd. 11. Reciprocity. To the extent that any other state which provides for the
13.34licensing of electricians provides for similar action the board may grant licenses, without
13.35examination, of the same grade and class to an electrician who has been licensed by such
13.36other state for at least one year, upon payment by the applicant of the required fee and
14.1upon the board being furnished with proof that the required fee and upon the board being
14.2furnished with proof that the qualifications of the applicant are equal to the qualifications
14.3of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
14.4agreements for personal licenses with another state if approved by the board. Once
14.5approved by the board, the commissioner may issue a personal license without requiring
14.6the applicant to pass an examination provided the applicant:
14.7    (a) submits an application under section 326.242;
14.8    (b) pays the fee required under section 326.242; and
14.9    (c) holds a valid comparable license in the state participating in the agreement.
14.10    Agreements are subject to the following:
14.11    (1) The parties to the agreement must administer a statewide licensing program that
14.12includes examination and qualifying experience or training comparable to Minnesota's.
14.13    (2) The experience and training requirements under which an individual applicant
14.14qualified for examination in the qualifying state must be deemed equal to or greater than
14.15required for an applicant making application in Minnesota at the time the applicant
14.16acquired the license in the qualifying state.
14.17    (3) The applicant must have acquired the license in the qualifying state through an
14.18examination deemed equivalent to the same class of license examination in Minnesota.
14.19A lesser class of license may be granted where the applicant has acquired a greater
14.20class of license in the qualifying state and the applicant otherwise meets the conditions
14.21of this subdivision.
14.22    (4) At the time of application, the applicant must hold a valid license in the
14.23qualifying state and have held the license continuously for at least one year before making
14.24application in Minnesota.
14.25    (5) An applicant is not eligible for a license under this subdivision if the applicant
14.26has failed the same or greater class of license examination in Minnesota, or if the
14.27applicant's license of the same or greater class has been revoked or suspended.
14.28    (6) An applicant who has failed to renew a personal license for two years or more
14.29after its expiration is not eligible for a license under this subdivision.

14.30    Sec. 7. REPEALER.
14.31Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision
14.324, are repealed.
14.33EFFECTIVE DATE.This section is effective the day following final enactment.


15.1    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
15.2178.01 PURPOSES.
15.3    The purposes of this chapter are: to open to young people regardless of race, sex,
15.4creed, color or national origin, the opportunity to obtain training that will equip them for
15.5profitable employment and citizenship; to establish as a means to this end, a program
15.6of voluntary apprenticeship under approved apprentice agreements providing facilities
15.7for their training and guidance in the arts, skills, and crafts of industry and trade, with
15.8concurrent, supplementary instruction in related subjects; to promote employment
15.9opportunities under conditions providing adequate training and reasonable earnings;
15.10to relate the supply of skilled workers to employment demands; to establish standards
15.11for apprentice training; to establish an Apprenticeship Advisory Council Board and
15.12apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
15.13for a Division of Labor Standards and Apprenticeship within the Department of Labor
15.14and Industry; to provide for reports to the legislature regarding the status of apprentice
15.15training in the state; to establish a procedure for the determination of apprentice agreement
15.16controversies; and to accomplish related ends.

15.17    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
15.18178.02 APPRENTICESHIP ADVISORY COUNCIL BOARD.
15.19    Subdivision 1. Members. The commissioner of labor and industry, hereinafter
15.20called the commissioner, shall appoint an Apprenticeship Advisory Council Board,
15.21hereinafter referred to as the council board, composed of three representatives each from
15.22employer and employee organizations, and two representatives of the general public. The
15.23director of education responsible for career and technical education or designee shall be an
15.24ex officio member of the council board and shall serve in an advisory capacity only.
15.25    Subd. 2. Terms. The council board shall expire and the terms, compensation, and
15.26removal of appointed members shall be as provided in section 15.059, except that the
15.27council shall not expire before June 30, 2003.
15.28    Subd. 4. Duties. The council board shall meet at the call of the commissioner. It
15.29shall propose occupational classifications for apprenticeship programs; propose minimum
15.30standards for apprenticeship programs and agreements; and advise on the establishment
15.31of such policies, procedures, and rules as the commissioner board deems necessary in
15.32implementing the intent of this chapter.

15.33    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
15.34    Subd. 3. Duties and functions. The director, under the supervision of the
15.35commissioner, and with the advice and oversight of the Apprenticeship Advisory
16.1Council Board, is authorized: to administer the provisions of this chapter; to promote
16.2apprenticeship and other forms of on the job training; to establish, in cooperation and
16.3consultation with the Apprenticeship Advisory Council Board and with the apprenticeship
16.4committees, conditions and training standards for the approval of apprenticeship programs
16.5and agreements, which conditions and standards shall in no case be lower than those
16.6prescribed by this chapter; to promote equal employment opportunity in apprenticeship
16.7and other on the job training and to establish a Minnesota plan for equal employment
16.8opportunity in apprenticeship which shall be consistent with standards established
16.9under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
16.10registration to sponsors of approved apprenticeship programs; to act as secretary of the
16.11Apprenticeship Advisory Council Board; to approve, if of the opinion that approval is
16.12for the best interest of the apprentice, any apprenticeship agreement which meets the
16.13standards established hereunder; to terminate any apprenticeship agreement in accordance
16.14with the provisions of such agreement; to keep a record of apprenticeship agreements and
16.15their disposition; to issue certificates of completion of apprenticeship; and to perform
16.16such other duties as the commissioner deems necessary to carry out the intent of this
16.17chapter; provided, that the administration and supervision of supplementary instruction in
16.18related subjects for apprentices; coordination of instruction on a concurrent basis with
16.19job experiences, and the selection and training of teachers and coordinators for such
16.20instruction shall be the function of state and local boards responsible for vocational
16.21education. The director shall have the authority to make wage determinations applicable
16.22to the graduated schedule of wages and journeyman wage rate for apprenticeship
16.23agreements, giving consideration to the existing wage rates prevailing throughout the
16.24state, except that no wage determination by the director shall alter an existing wage
16.25provision for apprentices or journeymen that is contained in a bargaining agreement in
16.26effect between an employer and an organization of employees, nor shall the director
16.27make any determination for the beginning rate for an apprentice that is below the wage
16.28minimum established by federal or state law.

16.29    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
16.30    Subdivision 1. Rules. The commissioner may, upon receipt of the council's board's
16.31proposals, accept, adopt, and issue them by rule with any modifications or amendments
16.32the commissioner finds appropriate. The commissioner may refer them back to the
16.33council board with recommendations for further study, consideration and revision. If
16.34the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
16.35a board proposal, the commissioner must provide a written explanation of the reason
17.1for the refusal to the board within 30 days after the board submitted the proposal to the
17.2commissioner. Additional rules may be issued as the commissioner may deem necessary."
17.3Renumber the sections in sequence and correct the internal references
17.4Amend the title accordingly