| 68 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 3.1 (e) Employees may use earned sick and safe time as it is accrued. |
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| 69 | | - | 3.2 Sec. 4. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read: |
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| 70 | | - | 3.3 Subd. 2.Notice.An employer may require notice of the need for use of earned sick and |
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| 71 | | - | 3.4safe time as provided in this paragraph. If the need for use is foreseeable, an employer may |
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| 72 | | - | 3.5require advance notice of the intention to use earned sick and safe time but must not require |
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| 73 | | - | 3.6more than seven days' advance notice. If the need is unforeseeable, an employer may require |
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| 74 | | - | 3.7an employee to give notice of the need for earned sick and safe time as soon as practicable |
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| 75 | | - | 3.8reasonably required by the employer. An employer that requires notice of the need to use |
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| 76 | | - | 3.9earned sick and safe time in accordance with this subdivision shall have a written policy |
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| 77 | | - | 3.10containing reasonable procedures for employees to provide notice of the need to use earned |
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| 78 | | - | 3.11sick and safe time, and shall provide a written copy of such policy to employees. If a copy |
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| 79 | | - | 3.12of the written policy has not been provided to an employee, an employer shall not deny the |
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| 80 | | - | 3.13use of earned sick and safe time to the employee on that basis. |
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| 81 | | - | 3.14 Sec. 5. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read: |
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| 82 | | - | 3.15 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for |
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| 83 | | - | 3.16more than three two consecutive scheduled work days, an employer may require reasonable |
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| 84 | | - | 3.17documentation that the earned sick and safe time is covered by subdivision 1. |
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| 85 | | - | 3.18 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6), |
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| 86 | | - | 3.19reasonable documentation may include a signed statement by a health care professional |
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| 87 | | - | 3.20indicating the need for use of earned sick and safe time. However, if the employee or |
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| 88 | | - | 3.21employee's family member did not receive services from a health care professional, or if |
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| 89 | | - | 3.22documentation cannot be obtained from a health care professional in a reasonable time or |
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| 90 | | - | 3.23without added expense, then reasonable documentation for the purposes of this paragraph |
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| 91 | | - | 3.24may include a written statement from the employee indicating that the employee is using |
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| 92 | | - | 3.25or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause |
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| 93 | | - | 3.26(1), (2), (5), or (6). The employer may require documentation at such time that reasonable |
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| 94 | | - | 3.27documentation is available if it is not available in a reasonable amount of time initially. |
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| 95 | | - | 3.28 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must |
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| 96 | | - | 3.29accept a court record or documentation signed by a volunteer or employee of a victims |
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| 97 | | - | 3.30services organization, an attorney, a police officer, or an antiviolence counselor as reasonable |
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| 98 | | - | 3.31documentation. If documentation cannot be obtained in a reasonable time or without added |
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| 99 | | - | 3.32expense, then reasonable documentation for the purposes of this paragraph may include a |
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| 100 | | - | 3Sec. 5. |
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| 101 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 4.1written statement from the employee indicating that the employee is using or used earned |
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| 102 | | - | 4.2sick and safe time for a qualifying purpose covered under subdivision 1, clause (3). |
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| 103 | | - | 4.3 (d) For earned sick and safe time to care for a family member under subdivision 1, clause |
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| 104 | | - | 4.4(4), an employer must accept as reasonable documentation a written statement from the |
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| 105 | | - | 4.5employee indicating that the employee is using or used earned sick and safe time for a |
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| 106 | | - | 4.6qualifying purpose as reasonable documentation. |
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| 107 | | - | 4.7 (e) An employer must not require disclosure of details relating to domestic abuse, sexual |
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| 108 | | - | 4.8assault, or stalking or the details of an employee's or an employee's family member's medical |
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| 109 | | - | 4.9condition as related to an employee's request to use earned sick and safe time under this |
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| 110 | | - | 4.10section. |
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| 111 | | - | 4.11 (f) Written statements by an employee may be written in the employee's first language |
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| 112 | | - | 4.12and need not be notarized or in any particular format. |
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| 113 | | - | 4.13 Sec. 6. Minnesota Statutes 2024, section 181.9447, subdivision 4, is amended to read: |
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| 114 | | - | 4.14 Subd. 4.Replacement worker.For earned sick and safe time use that is unforeseeable, |
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| 115 | | - | 4.15an employer may not require, as a condition of an employee using earned sick and safe |
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| 116 | | - | 4.16time, that the employee seek or find a replacement worker to cover the hours the employee |
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| 117 | | - | 4.17uses as earned sick and safe time. This subdivision does not prohibit an employee from |
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| 118 | | - | 4.18voluntarily seeking or trading shifts with a replacement worker to cover the hours the |
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| 119 | | - | 4.19employee uses as earned sick and safe time. |
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| 120 | | - | 4.20 Sec. 7. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read: |
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| 121 | | - | 4.21 Subdivision 1. Effect on more generous sick and safe time policies.(a) Nothing in |
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| 122 | | - | 4.22sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting |
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| 123 | | - | 4.23or retaining earned sick and safe time policies that meet or exceed, and do not otherwise |
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| 124 | | - | 4.24conflict with, the minimum standards and requirements provided in sections 181.9445 to |
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| 125 | | - | 4.25181.9448. All paid time off and other paid leave made available to an employee by an |
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| 126 | | - | 4.26employer in excess of the minimum amount required in section 181.9446 for absences from |
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| 127 | | - | 4.27work due to personal illness or injury, but not including short-term or long-term disability |
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| 128 | | - | 4.28or other salary continuation benefits, must meet or exceed the minimum standards and |
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| 129 | | - | 4.29requirements provided in sections 181.9445 to 181.9448, except for section 181.9446. For |
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| 130 | | - | 4.30paid leave accrued prior to January 1, 2024, for absences from work due to personal illness |
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| 131 | | - | 4.31or injury, an employer may require an employee who uses such leave to follow the written |
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| 132 | | - | 4.32notice and documentation requirements in the employer's applicable policy or applicable |
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| 133 | | - | 4.33collective bargaining agreement as of December 31, 2023, in lieu of the requirements of |
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| 134 | | - | 4Sec. 7. |
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| 135 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 5.1section 181.9447, subdivisions 2 and 3, provided that an employer does not require an |
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| 136 | | - | 5.2employee to use leave accrued on or after January 1, 2024, before using leave accrued prior |
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| 137 | | - | 5.3to that date. |
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| 138 | | - | 5.4 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of |
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| 139 | | - | 5.5parties to a collective bargaining agreement to bargain and agree with respect to earned sick |
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| 140 | | - | 5.6and safe time policies or to diminish the obligation of an employer to comply with any |
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| 141 | | - | 5.7contract, collective bargaining agreement, or any employment benefit program or plan that |
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| 142 | | - | 5.8meets or exceeds, and does not otherwise conflict with, the minimum standards and |
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| 143 | | - | 5.9requirements provided in this section. |
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| 144 | | - | 5.10 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or |
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| 145 | | - | 5.11otherwise affect the applicability of any other law, regulation, requirement, policy, or |
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| 146 | | - | 5.12standard that provides for a greater amount, accrual, or use by employees of paid sick and |
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| 147 | | - | 5.13safe time or that extends other protections to employees. |
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| 148 | | - | 5.14 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to |
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| 149 | | - | 5.15create any power or duty in conflict with federal law. |
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| 150 | | - | 5.16 (e) Employers who provide earned sick and safe time to their employees under a paid |
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| 151 | | - | 5.17time off policy or other paid leave policy that may be used for the same purposes and under |
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| 152 | | - | 5.18the same conditions as earned sick and safe time, and that meets or exceeds, and does not |
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| 153 | | - | 5.19otherwise conflict with, the minimum standards and requirements provided in sections |
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| 154 | | - | 5.20181.9445 to 181.9448 are not required to provide additional earned sick and safe time. |
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| 155 | | - | 5.21 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective |
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| 156 | | - | 5.22bargaining agreement with a bona fide building and construction trades labor organization |
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| 157 | | - | 5.23that has established itself as the collective bargaining representative for the affected building |
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| 158 | | - | 5.24and construction industry employees, provided that for such waiver to be valid, it shall |
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| 159 | | - | 5.25explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive |
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| 160 | | - | 5.26application of those sections to such employees. |
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| 161 | | - | 5.27 (g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave |
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| 162 | | - | 5.28made available to an employee by an employer for absences from work in excess of the |
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| 163 | | - | 5.29minimum amount required in section 181.9446 through a collective bargaining agreement |
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| 164 | | - | 5.30with a labor organization that has established itself as the collective bargaining representative |
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| 165 | | - | 5.31for the employees, provided that for such waiver to be valid, it shall explicitly reference |
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| 166 | | - | 5.32section 181.9447, subdivision 3, and clearly and unambiguously waive application of that |
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| 167 | | - | 5.33subdivision to such employees. |
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| 168 | | - | 5Sec. 7. |
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| 169 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 6.1 (h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph |
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| 170 | | - | 6.2(d), who provides services through a consumer support grant under section 256.476, |
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| 171 | | - | 6.3consumer-directed community supports under section 256B.4911, or community first services |
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| 172 | | - | 6.4and supports under section 256B.85, to a family member who is a participant, as defined |
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| 173 | | - | 6.5in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions |
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| 174 | | - | 6.6of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year, |
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| 175 | | - | 6.7provided that the funds are returned to the participant's budget. Once an individual provider |
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| 176 | | - | 6.8has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned |
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| 177 | | - | 6.9sick and safe time until the start of the participant's next service plan year. |
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| 178 | | - | 6.10 (i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy |
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| 179 | | - | 6.11whereby employees may donate unused accrued sick and safe time to another employee. |
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| 180 | | - | 6.12 (j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and |
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| 181 | | - | 6.13safe time to an employee before accrual by the employee. |
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| 182 | | - | 6.14 Sec. 8. Minnesota Statutes 2024, section 326B.0981, subdivision 4, is amended to read: |
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| 183 | | - | 6.15 Subd. 4.Internet continuing education.(a) The design and delivery of an Internet |
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| 184 | | - | 6.16continuing education course must be approved by the International Distance Education |
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| 185 | | - | 6.17Certification Center (IDECC) or the International Association Accreditors for Continuing |
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| 186 | | - | 6.18Education and Training (IACET) before the course is submitted for the commissioner's |
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| 187 | | - | 6.19approval. The approval must accompany the course submitted. |
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| 188 | | - | 6.20 (b) Paragraphs (a) and (d) do not apply to approval of an Internet continuing education |
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| 189 | | - | 6.21course for manufactured home installers. An Internet continuing education course for |
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| 190 | | - | 6.22manufactured home installers must be approved by the United States Department of Housing |
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| 191 | | - | 6.23and Urban Development or by the commissioner of labor and industry. The approval must |
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| 192 | | - | 6.24accompany the course completion certificate issued to each student by the course sponsor. |
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| 193 | | - | 6.25 (c) Paragraph (a) does not apply to approval of an Internet continuing education course |
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| 194 | | - | 6.26for elevator constructors. An Internet continuing education course for elevator constructors |
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| 195 | | - | 6.27must be approved by the commissioner of labor and industry. The approval must accompany |
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| 196 | | - | 6.28the course completion certificate issued to each student by the course sponsor. |
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| 197 | | - | 6.29 (d) An Internet continuing education course must: |
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| 198 | | - | 6.30 (1) specify the minimum computer system requirements; |
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| 199 | | - | 6.31 (2) provide encryption that ensures that all personal information, including the student's |
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| 200 | | - | 6.32name, address, and credit card number, cannot be read as it passes across the Internet; |
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| 201 | | - | 6Sec. 8. |
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| 202 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 7.1 (3) include technology to guarantee seat time; |
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| 203 | | - | 7.2 (4) include a high level of interactivity; |
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| 204 | | - | 7.3 (5) include graphics that reinforce the content; |
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| 205 | | - | 7.4 (6) include the ability for the student to contact an instructor or course sponsor within |
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| 206 | | - | 7.5a reasonable amount of time; |
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| 207 | | - | 7.6 (7) include the ability for the student to get technical support within a reasonable amount |
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| 208 | | - | 7.7of time; |
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| 209 | | - | 7.8 (8) include a statement that the student's information will not be sold or distributed to |
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| 210 | | - | 7.9any third party without prior written consent of the student. Taking the course does not |
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| 211 | | - | 7.10constitute consent; |
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| 212 | | - | 7.11 (9) be available 24 hours a day, seven days a week, excluding minimal downtime for |
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| 213 | | - | 7.12updating and administration, except that this provision does not apply to live courses taught |
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| 214 | | - | 7.13by an actual instructor and delivered over the Internet; |
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| 215 | | - | 7.14 (10) provide viewing access to the online course at all times to the commissioner, |
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| 216 | | - | 7.15excluding minimal downtime for updating and administration; |
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| 217 | | - | 7.16 (11) include a process to authenticate the student's identity; |
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| 218 | | - | 7.17 (12) inform the student and the commissioner how long after its purchase a course will |
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| 219 | | - | 7.18be accessible; |
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| 220 | | - | 7.19 (13) inform the student that license education credit will not be awarded for taking the |
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| 221 | | - | 7.20course after it loses its status as an approved course; |
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| 222 | | - | 7.21 (14) provide clear instructions on how to navigate through the course; |
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| 223 | | - | 7.22 (15) provide automatic bookmarking at any point in the course; |
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| 224 | | - | 7.23 (16) provide questions after each unit or chapter that must be answered before the student |
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| 225 | | - | 7.24can proceed to the next unit or chapter; |
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| 226 | | - | 7.25 (17) include a reinforcement response when a quiz question is answered correctly; |
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| 227 | | - | 7.26 (18) include a response when a quiz question is answered incorrectly; |
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| 228 | | - | 7.27 (19) include a final examination in which the student must correctly answer 70 percent |
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| 229 | | - | 7.28of the questions; |
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| 230 | | - | 7.29 (20) allow the student to go back and review any unit at any time, except during the final |
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| 231 | | - | 7.30examination; |
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| 232 | | - | 7Sec. 8. |
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| 233 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 8.1 (21) provide a course evaluation at the end of the course. At a minimum, the evaluation |
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| 234 | | - | 8.2must ask the student to report any difficulties caused by the online education delivery |
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| 235 | | - | 8.3method; |
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| 236 | | - | 8.4 (22) provide a completion certificate when the course and exam have been completed |
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| 237 | | - | 8.5and the provider has verified the completion. Electronic certificates are sufficient and shall |
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| 238 | | - | 8.6include the name of the provider, date and location of the course, educational program |
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| 239 | | - | 8.7identification that was provided by the department, hours of instruction or continuing |
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| 240 | | - | 8.8education hours, and licensee's or attendee's name and license, certification, or registration |
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| 241 | | - | 8.9number or the last four digits of the licensee's or attendee's Social Security number; and |
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| 242 | | - | 8.10 (23) allow the commissioner the ability to electronically review the class to determine |
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| 243 | | - | 8.11if credit can be approved. |
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| 244 | | - | 8.12 (e) The final examination must be either an encrypted online examination or a paper |
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| 245 | | - | 8.13examination that is monitored by a proctor who certifies that the student took the examination. |
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| 246 | | - | 8.14 Sec. 9. Minnesota Statutes 2024, section 326B.31, subdivision 29, is amended to read: |
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| 247 | | - | 8.15 Subd. 29.Technology circuits or systems."Technology circuits or systems" means |
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| 248 | | - | 8.16class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, control, |
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| 249 | | - | 8.17alarm, and audio signal, including associated components as covered by the National |
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| 250 | | - | 8.18Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are isolated from |
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| 251 | | - | 8.19circuits or systems other than class 2 or class 3 by a demarcation and are not process control |
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| 252 | | - | 8.20circuits or systems; antenna and communication circuits or systems as covered by chapter |
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| 253 | | - | 8.218 of the National Electrical Code; and circuitry and equipment for indoor lighting and |
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| 254 | | - | 8.22outdoor landscape lighting systems that are supplied by the secondary circuit of an isolating |
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| 255 | | - | 8.23power supply operating at 30 volts or less low voltage lighting, limited to a class 2 or class |
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| 256 | | - | 8.243 power supply as covered by the National Electrical Code, article 411. The planning, laying |
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| 257 | | - | 8.25out, installing, altering, and repairing of technology circuits or systems must be performed |
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| 258 | | - | 8.26in accordance with the applicable requirements of the National Electrical Code pursuant to |
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| 259 | | - | 8.27section 326B.35. |
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| 260 | | - | 8.28 Sec. 10. Minnesota Statutes 2024, section 326B.33, subdivision 21, is amended to read: |
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| 261 | | - | 8.29 Subd. 21.Exemptions from licensing.(a) An individual who is a maintenance electrician |
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| 262 | | - | 8.30is not required to hold or obtain a license under sections 326B.31 to 326B.399 if: |
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| 263 | | - | 8.31 (1) the individual is engaged in the maintenance and repair of electrical equipment, |
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| 264 | | - | 8.32apparatus, and facilities that are owned or leased by the individual's employer and that are |
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| 265 | | - | 8Sec. 10. |
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| 266 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 9.1located within the limits of property operated, maintained, and either owned or leased by |
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| 267 | | - | 9.2the individual's employer; |
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| 268 | | - | 9.3 (2) the individual is supervised by: |
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| 269 | | - | 9.4 (i) the responsible master electrician for a contractor who has contracted with the |
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| 270 | | - | 9.5individual's employer to provide services for which a contractor's license is required; or |
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| 271 | | - | 9.6 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, |
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| 272 | | - | 9.7or, if the maintenance and repair work is limited to technology circuits or systems work, a |
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| 273 | | - | 9.8licensed power limited technician; and |
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| 274 | | - | 9.9 (3) the individual's employer has on file with the commissioner a current certificate of |
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| 275 | | - | 9.10responsible person, signed by the responsible master electrician of the contractor, the licensed |
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| 276 | | - | 9.11master electrician, the licensed maintenance electrician, the electrical engineer, or the |
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| 277 | | - | 9.12licensed power limited technician, and stating that the person signing the certificate is |
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| 278 | | - | 9.13responsible for ensuring that the maintenance and repair work performed by the employer's |
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| 279 | | - | 9.14employees complies with the Minnesota Electrical Act and the rules adopted under that act. |
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| 280 | | - | 9.15The employer must pay a filing fee to file a certificate of responsible person with the |
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| 281 | | - | 9.16commissioner. The certificate shall expire two years from the date of filing. In order to |
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| 282 | | - | 9.17maintain a current certificate of responsible person, the employer must resubmit a certificate |
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| 283 | | - | 9.18of responsible person, with a filing fee, no later than two years from the date of the previous |
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| 284 | | - | 9.19submittal. |
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| 285 | | - | 9.20 (b) Employees of a licensed electrical or technology systems contractor or other employer |
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| 286 | | - | 9.21where provided with supervision by a master electrician in accordance with subdivision 1, |
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| 287 | | - | 9.22or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are |
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| 288 | | - | 9.23not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying |
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| 289 | | - | 9.24out, installing, altering, and repairing of technology circuits or systems except planning, |
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| 290 | | - | 9.25laying out, or installing: |
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| 291 | | - | 9.26 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that |
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| 292 | | - | 9.27control circuits or systems other than class 2 or class 3, except circuits that interconnect |
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| 293 | | - | 9.28these systems through communication, alarm, and security systems are exempted from this |
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| 294 | | - | 9.29paragraph; |
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| 295 | | - | 9.30 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing |
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| 296 | | - | 9.31physically unprotected circuits other than class 2 or class 3; or |
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| 297 | | - | 9.32 (3) technology circuits or systems in hazardous classified locations as covered by the |
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| 298 | | - | 9.33National Electrical Code. |
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| 299 | | - | 9Sec. 10. |
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| 300 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 10.1 (c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and |
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| 301 | | - | 10.2class 3 remote control wiring associated with plug or cord and plug connected appliances |
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| 302 | | - | 10.3other than security or fire alarm systems installed in a residential dwelling are not required |
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| 303 | | - | 10.4to hold a license under sections 326B.31 to 326B.399. |
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| 304 | | - | 10.5 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their |
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| 305 | | - | 10.6employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 |
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| 306 | | - | 10.7when performing heating, ventilating, air conditioning, or refrigeration work as described |
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| 307 | | - | 10.8in section 326B.38. |
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| 308 | | - | 10.9 (e) Employees of any an electrical utility that sells electric service to or for the public |
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| 309 | | - | 10.10at retail, communications utility, or railway utility, cable communications company as |
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| 310 | | - | 10.11defined in section 238.02, or a telephone company as defined under section 237.01 or its |
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| 311 | | - | 10.12employees, or of any an independent contractor performing work on behalf of any such |
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| 312 | | - | 10.13utility, cable communications company, or telephone company, shall are not be required to |
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| 313 | | - | 10.14hold a license under sections 326B.31 to 326B.399: |
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| 314 | | - | 10.15 (1) while performing work on installations, materials, or equipment which are owned |
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| 315 | | - | 10.16or leased, and operated and maintained by such utility, cable communications company, or |
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| 316 | | - | 10.17telephone company in the exercise of its utility, antenna, or telephone function, and which: |
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| 317 | | - | 10.18 (i) are used exclusively for the generation, transformation, distribution, transmission, or |
|---|
| 318 | | - | 10.19metering of electric current, or the operation of railway signals, or the transmission of |
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| 319 | | - | 10.20intelligence and do not have as a principal function the consumption or use of electric current |
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| 320 | | - | 10.21or provided service by or for the benefit of any person other than such utility, cable |
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| 321 | | - | 10.22communications company, or telephone company; and |
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| 322 | | - | 10.23 (ii) are generally accessible only to employees of such utility, cable communications |
|---|
| 323 | | - | 10.24company, or telephone company or persons acting under its control or direction; and |
|---|
| 324 | | - | 10.25 (iii) are not on the load side of the service point or point of entrance for communication |
|---|
| 325 | | - | 10.26systems; |
|---|
| 326 | | - | 10.27 (2) while performing work on installations, materials, or equipment which are a part of |
|---|
| 327 | | - | 10.28the street lighting operations of such utility; or |
|---|
| 328 | | - | 10.29 (3) while installing or performing work on outdoor area lights which are directly |
|---|
| 329 | | - | 10.30connected to a utility's distribution system and located upon the utility's distribution poles, |
|---|
| 330 | | - | 10.31and which are generally accessible only to employees of such utility or persons acting under |
|---|
| 331 | | - | 10.32its control or direction. |
|---|
| 332 | | - | 10Sec. 10. |
|---|
| 333 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 11.1 (f) An individual who physically performs electrical work on a residential dwelling that |
|---|
| 334 | | - | 11.2is located on a property the individual owns and actually occupies as a residence or owns |
|---|
| 335 | | - | 11.3and will occupy as a residence upon completion of its construction is not required to hold |
|---|
| 336 | | - | 11.4or obtain a license under sections 326B.31 to 326B.399 if the residential dwelling has a |
|---|
| 337 | | - | 11.5separate electrical utility service not shared with any other residential dwelling. |
|---|
| 338 | | - | 11.6 (g) Companies and their employees licensed under section 326B.164 shall are not be |
|---|
| 339 | | - | 11.7required to hold or obtain a license under sections 326B.31 to 326B.399 while performing |
|---|
| 340 | | - | 11.8elevator work. |
|---|
| 341 | | - | 11.9 Sec. 11. Minnesota Statutes 2024, section 326B.36, subdivision 7, is amended to read: |
|---|
| 342 | | - | 11.10 Subd. 7.Exemptions from inspections.Installations, materials, or equipment shall are |
|---|
| 343 | | - | 11.11not be subject to inspection under sections 326B.31 to 326B.399: |
|---|
| 344 | | - | 11.12 (1) when owned or leased, operated and maintained by any employer whose maintenance |
|---|
| 345 | | - | 11.13electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing |
|---|
| 346 | | - | 11.14electrical maintenance work only as defined by rule; |
|---|
| 347 | | - | 11.15 (2) when owned or leased, and operated and maintained by any electrical utility that |
|---|
| 348 | | - | 11.16sells electric service to or for the public at retail, communications, or railway utility, cable |
|---|
| 349 | | - | 11.17communications company as defined in section 238.02, or telephone company as defined |
|---|
| 350 | | - | 11.18under section 237.01, in the exercise of its utility, antenna, or telephone function; and |
|---|
| 351 | | - | 11.19 (i) are used exclusively for the generations, transformation, distribution, transmission, |
|---|
| 352 | | - | 11.20load control, or metering of electric current, or the operation of railway signals, or the |
|---|
| 353 | | - | 11.21transmission of intelligence, and do not have as a principal function the consumption or use |
|---|
| 354 | | - | 11.22of electric current by or for the benefit of any person other than such utility, cable |
|---|
| 355 | | - | 11.23communications company, or telephone company; and |
|---|
| 356 | | - | 11.24 (ii) are generally accessible only to employees of such utility, cable communications |
|---|
| 357 | | - | 11.25company, or telephone company or persons acting under its control or direction; and |
|---|
| 358 | | - | 11.26 (iii) are not on the load side of the service point or point of entrance for communication |
|---|
| 359 | | - | 11.27systems; |
|---|
| 360 | | - | 11.28 (3) when used in the street lighting operations of an electrical utility; |
|---|
| 361 | | - | 11.29 (4) when used as outdoor area lights which are owned and operated by an electrical |
|---|
| 362 | | - | 11.30utility and which are connected directly to its distribution system and located upon the |
|---|
| 363 | | - | 11.31utility's distribution poles, and which are generally accessible only to employees of such |
|---|
| 364 | | - | 11.32utility or persons acting under its control or direction; |
|---|
| 365 | | - | 11Sec. 11. |
|---|
| 366 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS 12.1 (5) when the installation, material, and equipment are in facilities subject to the |
|---|
| 367 | | - | 12.2jurisdiction of the federal Mine Safety and Health Act; or |
|---|
| 368 | | - | 12.3 (6) when the installation, material, and equipment is part of an elevator installation for |
|---|
| 369 | | - | 12.4which the elevator contractor, licensed under section 326B.164, is required to obtain a permit |
|---|
| 370 | | - | 12.5from the authority having jurisdiction as provided by section 326B.184, and the inspection |
|---|
| 371 | | - | 12.6has been or will be performed by an elevator inspector certified and licensed by the |
|---|
| 372 | | - | 12.7department. This exemption shall apply only to installations, material, and equipment |
|---|
| 373 | | - | 12.8permitted or required to be connected on the load side of the disconnecting means required |
|---|
| 374 | | - | 12.9for elevator equipment under the National Electrical Code, and elevator communications |
|---|
| 375 | | - | 12.10and alarm systems within the machine room, car, hoistway, or elevator lobby. |
|---|
| 376 | | - | 12Sec. 11. |
|---|
| 377 | | - | S2149-1 1st EngrossmentSF2149 REVISOR SS |
|---|
| 64 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 3.1 (9) be available 24 hours a day, seven days a week, excluding minimal downtime for |
|---|
| 65 | + | 3.2updating and administration, except that this provision does not apply to live courses taught |
|---|
| 66 | + | 3.3by an actual instructor and delivered over the Internet; |
|---|
| 67 | + | 3.4 (10) provide viewing access to the online course at all times to the commissioner, |
|---|
| 68 | + | 3.5excluding minimal downtime for updating and administration; |
|---|
| 69 | + | 3.6 (11) include a process to authenticate the student's identity; |
|---|
| 70 | + | 3.7 (12) inform the student and the commissioner how long after its purchase a course will |
|---|
| 71 | + | 3.8be accessible; |
|---|
| 72 | + | 3.9 (13) inform the student that license education credit will not be awarded for taking the |
|---|
| 73 | + | 3.10course after it loses its status as an approved course; |
|---|
| 74 | + | 3.11 (14) provide clear instructions on how to navigate through the course; |
|---|
| 75 | + | 3.12 (15) provide automatic bookmarking at any point in the course; |
|---|
| 76 | + | 3.13 (16) provide questions after each unit or chapter that must be answered before the student |
|---|
| 77 | + | 3.14can proceed to the next unit or chapter; |
|---|
| 78 | + | 3.15 (17) include a reinforcement response when a quiz question is answered correctly; |
|---|
| 79 | + | 3.16 (18) include a response when a quiz question is answered incorrectly; |
|---|
| 80 | + | 3.17 (19) include a final examination in which the student must correctly answer 70 percent |
|---|
| 81 | + | 3.18of the questions; |
|---|
| 82 | + | 3.19 (20) allow the student to go back and review any unit at any time, except during the final |
|---|
| 83 | + | 3.20examination; |
|---|
| 84 | + | 3.21 (21) provide a course evaluation at the end of the course. At a minimum, the evaluation |
|---|
| 85 | + | 3.22must ask the student to report any difficulties caused by the online education delivery |
|---|
| 86 | + | 3.23method; |
|---|
| 87 | + | 3.24 (22) provide a completion certificate when the course and exam have been completed |
|---|
| 88 | + | 3.25and the provider has verified the completion. Electronic certificates are sufficient and shall |
|---|
| 89 | + | 3.26include the name of the provider, date and location of the course, educational program |
|---|
| 90 | + | 3.27identification that was provided by the department, hours of instruction or continuing |
|---|
| 91 | + | 3.28education hours, and licensee's or attendee's name and license, certification, or registration |
|---|
| 92 | + | 3.29number or the last four digits of the licensee's or attendee's Social Security number; and |
|---|
| 93 | + | 3.30 (23) allow the commissioner the ability to electronically review the class to determine |
|---|
| 94 | + | 3.31if credit can be approved. |
|---|
| 95 | + | 3Sec. 3. |
|---|
| 96 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 4.1 (e) The final examination must be either an encrypted online examination or a paper |
|---|
| 97 | + | 4.2examination that is monitored by a proctor who certifies that the student took the examination. |
|---|
| 98 | + | 4.3 Sec. 4. Minnesota Statutes 2024, section 326B.31, subdivision 29, is amended to read: |
|---|
| 99 | + | 4.4 Subd. 29.Technology circuits or systems."Technology circuits or systems" means |
|---|
| 100 | + | 4.5class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, control, |
|---|
| 101 | + | 4.6alarm, and audio signal, including associated components as covered by the National |
|---|
| 102 | + | 4.7Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are isolated from |
|---|
| 103 | + | 4.8circuits or systems other than class 2 or class 3 by a demarcation and are not process control |
|---|
| 104 | + | 4.9circuits or systems; antenna and communication circuits or systems as covered by chapter |
|---|
| 105 | + | 4.108 of the National Electrical Code; and circuitry and equipment for indoor lighting and |
|---|
| 106 | + | 4.11outdoor landscape lighting systems that are supplied by the secondary circuit of an isolating |
|---|
| 107 | + | 4.12power supply operating at 30 volts or less low voltage lighting, limited to a class 2 or class |
|---|
| 108 | + | 4.133 power supply as covered by the National Electrical Code, article 411. The planning, laying |
|---|
| 109 | + | 4.14out, installing, altering, and repairing of technology circuits or systems must be performed |
|---|
| 110 | + | 4.15in accordance with the applicable requirements of the National Electrical Code pursuant to |
|---|
| 111 | + | 4.16section 326B.35. |
|---|
| 112 | + | 4.17 Sec. 5. Minnesota Statutes 2024, section 326B.33, subdivision 21, is amended to read: |
|---|
| 113 | + | 4.18 Subd. 21.Exemptions from licensing.(a) An individual who is a maintenance electrician |
|---|
| 114 | + | 4.19is not required to hold or obtain a license under sections 326B.31 to 326B.399 if: |
|---|
| 115 | + | 4.20 (1) the individual is engaged in the maintenance and repair of electrical equipment, |
|---|
| 116 | + | 4.21apparatus, and facilities that are owned or leased by the individual's employer and that are |
|---|
| 117 | + | 4.22located within the limits of property operated, maintained, and either owned or leased by |
|---|
| 118 | + | 4.23the individual's employer; |
|---|
| 119 | + | 4.24 (2) the individual is supervised by: |
|---|
| 120 | + | 4.25 (i) the responsible master electrician for a contractor who has contracted with the |
|---|
| 121 | + | 4.26individual's employer to provide services for which a contractor's license is required; or |
|---|
| 122 | + | 4.27 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, |
|---|
| 123 | + | 4.28or, if the maintenance and repair work is limited to technology circuits or systems work, a |
|---|
| 124 | + | 4.29licensed power limited technician; and |
|---|
| 125 | + | 4.30 (3) the individual's employer has on file with the commissioner a current certificate of |
|---|
| 126 | + | 4.31responsible person, signed by the responsible master electrician of the contractor, the licensed |
|---|
| 127 | + | 4.32master electrician, the licensed maintenance electrician, the electrical engineer, or the |
|---|
| 128 | + | 4Sec. 5. |
|---|
| 129 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 5.1licensed power limited technician, and stating that the person signing the certificate is |
|---|
| 130 | + | 5.2responsible for ensuring that the maintenance and repair work performed by the employer's |
|---|
| 131 | + | 5.3employees complies with the Minnesota Electrical Act and the rules adopted under that act. |
|---|
| 132 | + | 5.4The employer must pay a filing fee to file a certificate of responsible person with the |
|---|
| 133 | + | 5.5commissioner. The certificate shall expire two years from the date of filing. In order to |
|---|
| 134 | + | 5.6maintain a current certificate of responsible person, the employer must resubmit a certificate |
|---|
| 135 | + | 5.7of responsible person, with a filing fee, no later than two years from the date of the previous |
|---|
| 136 | + | 5.8submittal. |
|---|
| 137 | + | 5.9 (b) Employees of a licensed electrical or technology systems contractor or other employer |
|---|
| 138 | + | 5.10where provided with supervision by a master electrician in accordance with subdivision 1, |
|---|
| 139 | + | 5.11or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are |
|---|
| 140 | + | 5.12not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying |
|---|
| 141 | + | 5.13out, installing, altering, and repairing of technology circuits or systems except planning, |
|---|
| 142 | + | 5.14laying out, or installing: |
|---|
| 143 | + | 5.15 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that |
|---|
| 144 | + | 5.16control circuits or systems other than class 2 or class 3, except circuits that interconnect |
|---|
| 145 | + | 5.17these systems through communication, alarm, and security systems are exempted from this |
|---|
| 146 | + | 5.18paragraph; |
|---|
| 147 | + | 5.19 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing |
|---|
| 148 | + | 5.20physically unprotected circuits other than class 2 or class 3; or |
|---|
| 149 | + | 5.21 (3) technology circuits or systems in hazardous classified locations as covered by the |
|---|
| 150 | + | 5.22National Electrical Code. |
|---|
| 151 | + | 5.23 (c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and |
|---|
| 152 | + | 5.24class 3 remote control wiring associated with plug or cord and plug connected appliances |
|---|
| 153 | + | 5.25other than security or fire alarm systems installed in a residential dwelling are not required |
|---|
| 154 | + | 5.26to hold a license under sections 326B.31 to 326B.399. |
|---|
| 155 | + | 5.27 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their |
|---|
| 156 | + | 5.28employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 |
|---|
| 157 | + | 5.29when performing heating, ventilating, air conditioning, or refrigeration work as described |
|---|
| 158 | + | 5.30in section 326B.38. |
|---|
| 159 | + | 5.31 (e) Employees of any an electrical utility that sells electric service to or for the public |
|---|
| 160 | + | 5.32at retail, communications utility, or railway utility, cable communications company as |
|---|
| 161 | + | 5.33defined in section 238.02, or a telephone company as defined under section 237.01 or its |
|---|
| 162 | + | 5.34employees, or of any an independent contractor performing work on behalf of any such |
|---|
| 163 | + | 5Sec. 5. |
|---|
| 164 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 6.1utility, cable communications company, or telephone company, shall are not be required to |
|---|
| 165 | + | 6.2hold a license under sections 326B.31 to 326B.399: |
|---|
| 166 | + | 6.3 (1) while performing work on installations, materials, or equipment which are owned |
|---|
| 167 | + | 6.4or leased, and operated and maintained by such utility, cable communications company, or |
|---|
| 168 | + | 6.5telephone company in the exercise of its utility, antenna, or telephone function, and which: |
|---|
| 169 | + | 6.6 (i) are used exclusively for the generation, transformation, distribution, transmission, or |
|---|
| 170 | + | 6.7metering of electric current, or the operation of railway signals, or the transmission of |
|---|
| 171 | + | 6.8intelligence and do not have as a principal function the consumption or use of electric current |
|---|
| 172 | + | 6.9or provided service by or for the benefit of any person other than such utility, cable |
|---|
| 173 | + | 6.10communications company, or telephone company; and |
|---|
| 174 | + | 6.11 (ii) are generally accessible only to employees of such utility, cable communications |
|---|
| 175 | + | 6.12company, or telephone company or persons acting under its control or direction; and |
|---|
| 176 | + | 6.13 (iii) are not on the load side of the service point or point of entrance for communication |
|---|
| 177 | + | 6.14systems; |
|---|
| 178 | + | 6.15 (2) while performing work on installations, materials, or equipment which are a part of |
|---|
| 179 | + | 6.16the street lighting operations of such utility; or |
|---|
| 180 | + | 6.17 (3) while installing or performing work on outdoor area lights which are directly |
|---|
| 181 | + | 6.18connected to a utility's distribution system and located upon the utility's distribution poles, |
|---|
| 182 | + | 6.19and which are generally accessible only to employees of such utility or persons acting under |
|---|
| 183 | + | 6.20its control or direction. |
|---|
| 184 | + | 6.21 (f) An individual who physically performs electrical work on a residential dwelling that |
|---|
| 185 | + | 6.22is located on a property the individual owns and actually occupies as a residence or owns |
|---|
| 186 | + | 6.23and will occupy as a residence upon completion of its construction is not required to hold |
|---|
| 187 | + | 6.24or obtain a license under sections 326B.31 to 326B.399 if the residential dwelling has a |
|---|
| 188 | + | 6.25separate electrical utility service not shared with any other residential dwelling. |
|---|
| 189 | + | 6.26 (g) Companies and their employees licensed under section 326B.164 shall are not be |
|---|
| 190 | + | 6.27required to hold or obtain a license under sections 326B.31 to 326B.399 while performing |
|---|
| 191 | + | 6.28elevator work. |
|---|
| 192 | + | 6.29 Sec. 6. Minnesota Statutes 2024, section 326B.36, subdivision 7, is amended to read: |
|---|
| 193 | + | 6.30 Subd. 7.Exemptions from inspections.Installations, materials, or equipment shall are |
|---|
| 194 | + | 6.31not be subject to inspection under sections 326B.31 to 326B.399: |
|---|
| 195 | + | 6Sec. 6. |
|---|
| 196 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 7.1 (1) when owned or leased, operated and maintained by any employer whose maintenance |
|---|
| 197 | + | 7.2electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing |
|---|
| 198 | + | 7.3electrical maintenance work only as defined by rule; |
|---|
| 199 | + | 7.4 (2) when owned or leased, and operated and maintained by any electrical utility that |
|---|
| 200 | + | 7.5sells electric service to or for the public at retail, communications, or railway utility, cable |
|---|
| 201 | + | 7.6communications company as defined in section 238.02, or telephone company as defined |
|---|
| 202 | + | 7.7under section 237.01, in the exercise of its utility, antenna, or telephone function; and |
|---|
| 203 | + | 7.8 (i) are used exclusively for the generations, transformation, distribution, transmission, |
|---|
| 204 | + | 7.9load control, or metering of electric current, or the operation of railway signals, or the |
|---|
| 205 | + | 7.10transmission of intelligence, and do not have as a principal function the consumption or use |
|---|
| 206 | + | 7.11of electric current by or for the benefit of any person other than such utility, cable |
|---|
| 207 | + | 7.12communications company, or telephone company; and |
|---|
| 208 | + | 7.13 (ii) are generally accessible only to employees of such utility, cable communications |
|---|
| 209 | + | 7.14company, or telephone company or persons acting under its control or direction; and |
|---|
| 210 | + | 7.15 (iii) are not on the load side of the service point or point of entrance for communication |
|---|
| 211 | + | 7.16systems; |
|---|
| 212 | + | 7.17 (3) when used in the street lighting operations of an electrical utility; |
|---|
| 213 | + | 7.18 (4) when used as outdoor area lights which are owned and operated by an electrical |
|---|
| 214 | + | 7.19utility and which are connected directly to its distribution system and located upon the |
|---|
| 215 | + | 7.20utility's distribution poles, and which are generally accessible only to employees of such |
|---|
| 216 | + | 7.21utility or persons acting under its control or direction; |
|---|
| 217 | + | 7.22 (5) when the installation, material, and equipment are in facilities subject to the |
|---|
| 218 | + | 7.23jurisdiction of the federal Mine Safety and Health Act; or |
|---|
| 219 | + | 7.24 (6) when the installation, material, and equipment is part of an elevator installation for |
|---|
| 220 | + | 7.25which the elevator contractor, licensed under section 326B.164, is required to obtain a permit |
|---|
| 221 | + | 7.26from the authority having jurisdiction as provided by section 326B.184, and the inspection |
|---|
| 222 | + | 7.27has been or will be performed by an elevator inspector certified and licensed by the |
|---|
| 223 | + | 7.28department. This exemption shall apply only to installations, material, and equipment |
|---|
| 224 | + | 7.29permitted or required to be connected on the load side of the disconnecting means required |
|---|
| 225 | + | 7.30for elevator equipment under the National Electrical Code, and elevator communications |
|---|
| 226 | + | 7.31and alarm systems within the machine room, car, hoistway, or elevator lobby. |
|---|
| 227 | + | 7Sec. 6. |
|---|
| 228 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 8.1 Sec. 7. REPEALER. |
|---|
| 229 | + | 8.2 (a) Minnesota Statutes 2024, section 177.28, subdivision 5, is repealed. |
|---|
| 230 | + | 8.3 (b) Minnesota Rules, parts 5200.0030; and 5200.0040, are repealed. |
|---|
| 231 | + | 8Sec. 7. |
|---|
| 232 | + | 25-00153 as introduced02/04/25 REVISOR EB/KR 177.28 POWER TO MAKE RULES. |
|---|
| 233 | + | Subd. 5.Rules regarding people with disabilities.In order to prevent curtailment of |
|---|
| 234 | + | opportunities for employment, avoid undue hardship, and safeguard the minimum wage rates under |
|---|
| 235 | + | sections 177.24 and 177.25, the department shall also issue rules providing for the employment of |
|---|
| 236 | + | disabled workers at wages lower than the wage rates applicable under sections 177.24 and 177.25, |
|---|
| 237 | + | under permits and for periods of time as specified therein. The rules must provide for the employment |
|---|
| 238 | + | of learners and apprentices at wages lower than the wage rates applicable under sections 177.24 |
|---|
| 239 | + | and 177.25, under permits and subject to limitations on number, proportion, length of learning |
|---|
| 240 | + | period, occupations, and other conditions as the department may prescribe. The rules must provide |
|---|
| 241 | + | that where a disabled person is performing or is being considered for employment where work must |
|---|
| 242 | + | be performed which is equal to work performed by a nondisabled person, the disabled person must |
|---|
| 243 | + | be paid the same wage as a nondisabled person with similar experience and skill. |
|---|
| 244 | + | 1R |
|---|
| 245 | + | APPENDIX |
|---|
| 246 | + | Repealed Minnesota Statutes: 25-00153 5200.0030SUBMINIMUM WAGE RATES FOR WORKERS WITH DISABILITIES. |
|---|
| 247 | + | Subpart 1.Permit required.Subminimum wage rates may be paid to workers with |
|---|
| 248 | + | disabilities only after receiving a permit from the Labor Standards Division. If no permit is |
|---|
| 249 | + | issued, a worker, no matter how severely disabled, shall be paid the minimum wage. The |
|---|
| 250 | + | subminimum rate will be based on the extent to which the worker's performance is limited |
|---|
| 251 | + | but in no case may it fall below 50 percent of minimum wage, except as provided under |
|---|
| 252 | + | subpart 4. "Performance" is based on a time study of workers with disabilities as compared |
|---|
| 253 | + | to a time study of nondisabled workers on the same job. The time study must be conducted |
|---|
| 254 | + | under the same working conditions for the disabled and the nondisabled. |
|---|
| 255 | + | Subp. 2.Limit on work force at subminimum wage.No profit-making organization |
|---|
| 256 | + | may employ disabled workers at a subminimum wage for more than ten percent of its total |
|---|
| 257 | + | work force unless granted a special permit by the commissioner of labor and industry to |
|---|
| 258 | + | exceed the ten percent limitation. |
|---|
| 259 | + | Subp. 3.Rehabilitation facilities.Rehabilitation facilities are excluded from the |
|---|
| 260 | + | percentage limitations of numbers of employees and percentage of minimum wage contained |
|---|
| 261 | + | in subparts 1 and 2, but not from the permit requirement. |
|---|
| 262 | + | Subp. 4.United States labor permits.Permits issued by the United States Department |
|---|
| 263 | + | of Labor under Code of Federal Regulations, title 29, part 524 or 525, authorizing |
|---|
| 264 | + | subminimum wage rates shall be accepted by the division in lieu of the permit required in |
|---|
| 265 | + | subpart 1. Where the worker would otherwise be employed in a rehabilitation facility, the |
|---|
| 266 | + | commissioner of labor and industry may grant a special permit authorizing a wage rate of |
|---|
| 267 | + | less than 50 percent of the minimum wage. |
|---|
| 268 | + | 5200.0040EQUAL PAY FOR WORKERS WITH DISABILITIES. |
|---|
| 269 | + | Where a person with a disability is now performing or is being considered for |
|---|
| 270 | + | employment where he or she will perform work which is equal to work performed by a |
|---|
| 271 | + | nondisabled person, such person with a disability shall be paid the same wage as a |
|---|
| 272 | + | nondisabled person with similar experiences. |
|---|
| 273 | + | 2R |
|---|
| 274 | + | APPENDIX |
|---|
| 275 | + | Repealed Minnesota Rules: 25-00153 |
|---|