1.1.................... moves to amend H.F. No. .... as follows:
1.2Page 10, after line 20, insert:
1.3 "Sec. 23. Minnesota Statutes 2008, section 326B.42, subdivision 2, is amended to read:
1.4 Subd. 2.
Direct supervision. The term "direct supervision," with respect to direct
1.5supervision of a plumber's apprentice
or registered unlicensed individual by a master,
1.6restricted master, journeyman, or restricted journeyman plumber, means that:
1.7 (1) at all times while the plumber's apprentice
or registered unlicensed individual is
1.8performing plumbing work, the supervising plumber is present at the location where the
1.9plumber's apprentice
or registered unlicensed individual is working;
1.10 (2) the supervising plumber is physically present and immediately available to the
1.11plumber's apprentice
or registered unlicensed individual at all times for assistance and
1.12direction;
1.13 (3) any form of electronic supervision does not meet the requirement of physically
1.14present;
1.15 (4) the supervising plumber actually reviews the plumbing work performed by
1.16the plumber's apprentice
or registered unlicensed individual before the plumbing is
1.17operated; and
1.18 (5) the supervising plumber is able to and does determine that all plumbing work
1.19performed by the plumber's apprentice
or registered unlicensed individual is performed in
1.20compliance with the plumbing code.
1.21 Sec. 24. Minnesota Statutes 2008, section 326B.42, subdivision 6, is amended to read:
1.22 Subd. 6.
Plumber's apprentice. A "plumber's apprentice" is any individual
, other
1.23than a master, restricted master, journeyman, or restricted journeyman plumber who, as
1.24a principal occupation, is engaged in working as an employee of a plumbing contractor
1.25under the direct supervision of a master, restricted master, journeyman, or restricted
1.26journeyman plumber and is learning and assisting in the installation of plumbing who is
2.1employed in the practical installation of plumbing under an apprenticeship agreement
2.2approved by the department under Minnesota Rules, part 5200.0340.
2.3 Sec. 25. Minnesota Statutes 2008, section 326B.435, subdivision 2, is amended to read:
2.4 Subd. 2.
Powers; duties; administrative support. (a) The board shall have the
2.5power to:
2.6 (1) elect its chair, vice-chair, and secretary;
2.7 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
2.8and containing such other provisions as may be useful and necessary for the efficient
2.9conduct of the business of the board;
2.10 (3) adopt the plumbing code that must be followed in this state and any plumbing
2.11code amendments thereto. The board shall adopt the plumbing code and any amendments
2.12thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
2.13 (4) review requests for final interpretations and issue final interpretations as provided
2.14in section
326B.127, subdivision 5;
2.15 (5) except for rules regulating continuing education, adopt rules that regulate the
2.16licensure or registration of plumbing contractors, journeymen,
apprentices unlicensed
2.17individuals, master plumbers, restricted master plumbers, and restricted journeymen and
2.18other persons engaged in the design, installation, and alteration of plumbing systems,
2.19except for those individuals licensed under section
326.02, subdivisions 2 and 3. The
2.20board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
2.216, paragraphs (e) and (f);
2.22 (6) advise the commissioner regarding educational requirements for plumbing
2.23inspectors;
2.24 (7) refer complaints or other communications to the commissioner, whether oral or
2.25written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
2.26order that the commissioner has the authority to enforce pertaining to code compliance,
2.27licensure, or an offering to perform or performance of unlicensed plumbing services;
2.28 (8) approve per diem and expenses deemed necessary for its members as provided in
2.29subdivision 3;
2.30 (9) approve license reciprocity agreements;
2.31 (10) select from its members individuals to serve on any other state advisory council,
2.32board, or committee; and
2.33 (11) recommend the fees for licenses and certifications.
2.34Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
2.35Board of High Pressure Piping Systems, the commissioner of labor and industry shall
3.1administer and enforce the provisions of this chapter and any rules promulgated pursuant
3.2thereto.
3.3 (b) The board shall comply with section
15.0597, subdivisions 2 and 4.
3.4 (c) The commissioner shall coordinate the board's rulemaking and recommendations
3.5with the recommendations and rulemaking conducted by the other boards created pursuant
3.6to this chapter. The commissioner shall provide staff support to the board. The support
3.7includes professional, legal, technical, and clerical staff necessary to perform rulemaking
3.8and other duties assigned to the board. The commissioner of labor and industry shall
3.9supply necessary office space and supplies to assist the board in its duties.
3.10 Sec. 26. Minnesota Statutes 2008, section 326B.47, is amended to read:
3.11326B.47 PLUMBER'S APPRENTICES UNLICENSED INDIVIDUALS.
3.12 Subdivision 1.
Registration. All
unlicensed individuals, other than plumber's
3.13apprentices
, must be registered
under subdivision 3.
To be a registered plumber's
3.14apprentice, an individual must either:
3.15 (1) be an individual employed in the trade of plumbing under an apprenticeship
3.16agreement approved by the department under Minnesota Rules, part 5200.0300; or
3.17 (2) be an unlicensed individual registered with the commissioner under subdivision
3.183. A plumber's apprentice
or registered unlicensed individual is authorized to assist
3.19in the installation of plumbing only while under the direct supervision of a master,
3.20restricted master, journeyman, or restricted journeyman plumber. The master, restricted
3.21master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
3.22plumbing work performed by the plumber's apprentice
or registered unlicensed individual
3.23complies with the plumbing code.
3.24 Subd. 2.
Journeyman exam. A plumber's apprentice
or registered unlicensed
3.25individual who has completed four years of practical plumbing experience is eligible to
3.26take the journeyman plumbing examination. Up to 24 months of practical plumbing
3.27experience prior to becoming a plumber's apprentice
or registered unlicensed individual
3.28may be applied to the four-year experience requirement. However, none of this practical
3.29plumbing experience may be applied if the individual did not have any practical plumbing
3.30experience in the 12-month period immediately prior to becoming a plumber's apprentice
3.31or registered unlicensed individual. The Plumbing Board may adopt rules to evaluate
3.32whether the individual's past practical plumbing experience is applicable in preparing for
3.33the journeyman's examination. If two years after completing the training the individual
3.34has not taken the examination, the four years of experience shall be forfeited.
4.1 The commissioner may allow an extension of the two-year period for taking the
4.2exam for cases of hardship or other appropriate circumstances.
4.3 Subd. 3.
Registration, rules, applications, renewals, and fees. An unlicensed
4.4individual may register by completing and submitting to the commissioner a registration
4.5form provided by the commissioner. A completed registration form must state the date
4.6the individual began training, the individual's age, schooling, previous experience, and
4.7employer, and other information required by the commissioner. The board may prescribe
4.8rules, not inconsistent with this section, for the registration of unlicensed individuals. Each
4.9applicant for initial registration as a
plumber's apprentice registered unlicensed individual
4.10shall pay the department an application fee of $25. Applications for initial registration
4.11may be submitted at any time. Registration must be renewed annually and shall be for the
4.12period from July 1 of each year to June 30 of the following year. Applications for renewal
4.13registration must be received by the commissioner by June 30 of each registration period
4.14on forms provided by the commissioner, and must be accompanied by a fee of $25. An
4.15application for renewal registration received on or after July 1 in any year but no more
4.16than three months after expiration of the previously issued registration must pay the past
4.17due renewal fee plus a late fee of $25. No applications for renewal registration will be
4.18accepted more than three months after expiration of the previously issued registration."
4.19Page 17, after line 17, insert:
4.20 "Sec. 38. Minnesota Statutes 2008, section 326B.921, subdivision 3, is amended to
4.21read:
4.22 Subd. 3.
Registration requirement. All unlicensed individuals, other than pipefitter
4.23apprentices, must be registered under subdivision 4. No licensed high pressure piping
4.24business shall employ an unlicensed individual to assist in the practical construction and
4.25installation of high pressure piping and appurtenances unless the unlicensed individual is
4.26registered with the department. A pipefitter apprentice or registered unlicensed individual
4.27employed by a high pressure piping business may assist in the practical construction and
4.28installation of high pressure piping and appurtenances only while under direct supervision
4.29of a licensed contracting high pressure pipefitter or licensed journeyman high pressure
4.30pipefitter employed by the same high pressure piping business. The licensed contracting
4.31high pressure pipefitter or licensed journeyman high pressure pipefitter shall supervise no
4.32more than two pipefitter apprentices or registered unlicensed individuals. The licensed
4.33contracting high pressure pipefitter or journeyman high pressure pipefitter is responsible
4.34for ensuring that all high pressure piping work performed by the pipefitter apprentice or
4.35registered unlicensed individual complies with Minnesota Statutes and Minnesota Rules.
5.1 The board shall make recommendations by October 1, 2008, to the chairs of
5.2the standing committees of the senate and house of representatives having jurisdiction
5.3over high pressure piping regulation on the ratio of licensed contracting high pressure
5.4pipefitters or licensed journeyman high pressure pipefitters to pipefitter apprentices or
5.5registered unlicensed individuals for purposes of supervision. "
5.6Page 17, after line 23, insert:
5.7 "Sec. 40.
EFFECTIVE DATE.
5.8Sections 1 to 39 are effective the day following final enactment."
5.9Renumber the sections in sequence and correct the internal references
5.10Amend the title accordingly