Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2149 Latest Draft

Bill / Engrossed Version Filed 03/20/2025

                            1.1	A bill for an act​
1.2 relating to labor and industry; making policy and technical changes; modifying​
1.3 earned sick and safe time provisions; amending Minnesota Statutes 2024, sections​
1.4 177.27, subdivision 5; 181.9445, subdivision 6; 181.9446; 181.9447, subdivisions​
1.5 2, 3, 4; 181.9448, subdivision 1; 326B.0981, subdivision 4; 326B.31, subdivision​
1.6 29; 326B.33, subdivision 21; 326B.36, subdivision 7.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2024, section 177.27, subdivision 5, is amended to read:​
1.9 Subd. 5.Civil actions.The commissioner may bring an action in the district court where​
1.10an employer resides or where the commissioner maintains an office to enforce or require​
1.11compliance with orders issued under subdivision 4. In addition to any other remedy provided​
1.12by law, the commissioner may also apply in the district court where an employer resides or​
1.13where the commissioner maintains an office for an order enjoining and restraining violations​
1.14of any statute or rule listed in subdivision 4.​
1.15 Sec. 2. Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read:​
1.16 Subd. 6.Employer."Employer" means a person who has one ten or more employees.​
1.17Employer includes an individual, a corporation, a partnership, an association, a business​
1.18trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town,​
1.19city, school district, or other governmental subdivision. In the case of an employee leasing​
1.20company or professional employer organization, the taxpaying employer, as described in​
1.21section 268.046, subdivision 1, remains the employer. In the case of an individual provider​
1.22within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes​
1.23any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or​
1​Sec. 2.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2149​NINETY-FOURTH SESSION​
(SENATE AUTHORS: MCEWEN, Boldon and Maye Quade)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​625​03/03/2025​
Referred to Labor​
Comm report: No recommendation, re-referred to Human Services​737​03/13/2025​
Comm report: Amended, No recommendation, re-referred to Labor​03/20/2025​ 2.1participant's representative within the meaning of section 256B.0711, subdivision 1,​
2.2paragraph (f). In the event that a temporary employee is supplied by a staffing agency,​
2.3absent a contractual agreement stating otherwise, that individual shall be an employee of​
2.4the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448.​
2.5Employer does not include the United States government.​
2.6 Sec. 3. Minnesota Statutes 2024, section 181.9446, is amended to read:​
2.7 181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.​
2.8 (a) An employee accrues a minimum of one hour of earned sick and safe time for every​
2.930 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.​
2.10Employees may not accrue more than 48 hours of earned sick and safe time in a year unless​
2.11the employer agrees to a higher amount.​
2.12 (b)(1) Except as provided in clause (2), employers must permit an employee to carry​
2.13over accrued but unused sick and safe time into the following year. The total amount of​
2.14accrued but unused earned sick and safe time for an employee must not exceed 80 hours at​
2.15any time, unless an employer agrees to a higher amount.​
2.16 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the​
2.17following year as provided under clause (1), an employer may provide an employee with​
2.18earned sick and safe time for the year that meets or exceeds the requirements of this section​
2.19that is available for the employee's immediate use at the beginning of the subsequent year​
2.20as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and​
2.21safe time at the end of a year at the same base rate as an employee earns from employment​
2.22and in no case at a rate less than that provided under section 177.24 or an applicable local​
2.23minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but​
2.24unused sick and safe time at the end of a year; or (iii) upon initial employment, an employer​
2.25providing sick and safe time under item (i) or (ii) may prorate sick and safe time amounts​
2.26for an employee based on full- or part-time work for the remainder of that year.​
2.27 (c) Employees who are exempt from overtime requirements under United States Code,​
2.28title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40​
2.29hours in each workweek for purposes of accruing earned sick and safe time, except that an​
2.30employee whose normal workweek is less than 40 hours will accrue earned sick and safe​
2.31time based on the normal workweek.​
2.32 (d) Earned sick and safe time under this section begins to accrue at the commencement​
2.33of employment of the employee.​
2​Sec. 3.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 3.1 (e) Employees may use earned sick and safe time as it is accrued.​
3.2 Sec. 4. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read:​
3.3 Subd. 2.Notice.An employer may require notice of the need for use of earned sick and​
3.4safe time as provided in this paragraph. If the need for use is foreseeable, an employer may​
3.5require advance notice of the intention to use earned sick and safe time but must not require​
3.6more than seven days' advance notice. If the need is unforeseeable, an employer may require​
3.7an employee to give notice of the need for earned sick and safe time as soon as practicable​
3.8reasonably required by the employer. An employer that requires notice of the need to use​
3.9earned sick and safe time in accordance with this subdivision shall have a written policy​
3.10containing reasonable procedures for employees to provide notice of the need to use earned​
3.11sick and safe time, and shall provide a written copy of such policy to employees. If a copy​
3.12of the written policy has not been provided to an employee, an employer shall not deny the​
3.13use of earned sick and safe time to the employee on that basis.​
3.14 Sec. 5. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:​
3.15 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for​
3.16more than three two consecutive scheduled work days, an employer may require reasonable​
3.17documentation that the earned sick and safe time is covered by subdivision 1.​
3.18 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),​
3.19reasonable documentation may include a signed statement by a health care professional​
3.20indicating the need for use of earned sick and safe time. However, if the employee or​
3.21employee's family member did not receive services from a health care professional, or if​
3.22documentation cannot be obtained from a health care professional in a reasonable time or​
3.23without added expense, then reasonable documentation for the purposes of this paragraph​
3.24may include a written statement from the employee indicating that the employee is using​
3.25or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause​
3.26(1), (2), (5), or (6). The employer may require documentation at such time that reasonable​
3.27documentation is available if it is not available in a reasonable amount of time initially.​
3.28 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must​
3.29accept a court record or documentation signed by a volunteer or employee of a victims​
3.30services organization, an attorney, a police officer, or an antiviolence counselor as reasonable​
3.31documentation. If documentation cannot be obtained in a reasonable time or without added​
3.32expense, then reasonable documentation for the purposes of this paragraph may include a​
3​Sec. 5.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 4.1written statement from the employee indicating that the employee is using or used earned​
4.2sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).​
4.3 (d) For earned sick and safe time to care for a family member under subdivision 1, clause​
4.4(4), an employer must accept as reasonable documentation a written statement from the​
4.5employee indicating that the employee is using or used earned sick and safe time for a​
4.6qualifying purpose as reasonable documentation.​
4.7 (e) An employer must not require disclosure of details relating to domestic abuse, sexual​
4.8assault, or stalking or the details of an employee's or an employee's family member's medical​
4.9condition as related to an employee's request to use earned sick and safe time under this​
4.10section.​
4.11 (f) Written statements by an employee may be written in the employee's first language​
4.12and need not be notarized or in any particular format.​
4.13 Sec. 6. Minnesota Statutes 2024, section 181.9447, subdivision 4, is amended to read:​
4.14 Subd. 4.Replacement worker.For earned sick and safe time use that is unforeseeable,​
4.15an employer may not require, as a condition of an employee using earned sick and safe​
4.16time, that the employee seek or find a replacement worker to cover the hours the employee​
4.17uses as earned sick and safe time. This subdivision does not prohibit an employee from​
4.18voluntarily seeking or trading shifts with a replacement worker to cover the hours the​
4.19employee uses as earned sick and safe time.​
4.20 Sec. 7. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read:​
4.21 Subdivision 1. Effect on more generous sick and safe time policies.(a) Nothing in​
4.22sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting​
4.23or retaining earned sick and safe time policies that meet or exceed, and do not otherwise​
4.24conflict with, the minimum standards and requirements provided in sections 181.9445 to​
4.25181.9448. All paid time off and other paid leave made available to an employee by an​
4.26employer in excess of the minimum amount required in section 181.9446 for absences from​
4.27work due to personal illness or injury, but not including short-term or long-term disability​
4.28or other salary continuation benefits, must meet or exceed the minimum standards and​
4.29requirements provided in sections 181.9445 to 181.9448, except for section 181.9446. For​
4.30paid leave accrued prior to January 1, 2024, for absences from work due to personal illness​
4.31or injury, an employer may require an employee who uses such leave to follow the written​
4.32notice and documentation requirements in the employer's applicable policy or applicable​
4.33collective bargaining agreement as of December 31, 2023, in lieu of the requirements of​
4​Sec. 7.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 5.1section 181.9447, subdivisions 2 and 3, provided that an employer does not require an​
5.2employee to use leave accrued on or after January 1, 2024, before using leave accrued prior​
5.3to that date.​
5.4 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of​
5.5parties to a collective bargaining agreement to bargain and agree with respect to earned sick​
5.6and safe time policies or to diminish the obligation of an employer to comply with any​
5.7contract, collective bargaining agreement, or any employment benefit program or plan that​
5.8meets or exceeds, and does not otherwise conflict with, the minimum standards and​
5.9requirements provided in this section.​
5.10 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or​
5.11otherwise affect the applicability of any other law, regulation, requirement, policy, or​
5.12standard that provides for a greater amount, accrual, or use by employees of paid sick and​
5.13safe time or that extends other protections to employees.​
5.14 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to​
5.15create any power or duty in conflict with federal law.​
5.16 (e) Employers who provide earned sick and safe time to their employees under a paid​
5.17time off policy or other paid leave policy that may be used for the same purposes and under​
5.18the same conditions as earned sick and safe time, and that meets or exceeds, and does not​
5.19otherwise conflict with, the minimum standards and requirements provided in sections​
5.20181.9445 to 181.9448 are not required to provide additional earned sick and safe time.​
5.21 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective​
5.22bargaining agreement with a bona fide building and construction trades labor organization​
5.23that has established itself as the collective bargaining representative for the affected building​
5.24and construction industry employees, provided that for such waiver to be valid, it shall​
5.25explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive​
5.26application of those sections to such employees.​
5.27 (g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave​
5.28made available to an employee by an employer for absences from work in excess of the​
5.29minimum amount required in section 181.9446 through a collective bargaining agreement​
5.30with a labor organization that has established itself as the collective bargaining representative​
5.31for the employees, provided that for such waiver to be valid, it shall explicitly reference​
5.32section 181.9447, subdivision 3, and clearly and unambiguously waive application of that​
5.33subdivision to such employees.​
5​Sec. 7.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 6.1 (h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph​
6.2(d), who provides services through a consumer support grant under section 256.476,​
6.3consumer-directed community supports under section 256B.4911, or community first services​
6.4and supports under section 256B.85, to a family member who is a participant, as defined​
6.5in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions​
6.6of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year,​
6.7provided that the funds are returned to the participant's budget. Once an individual provider​
6.8has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned​
6.9sick and safe time until the start of the participant's next service plan year.​
6.10 (i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy​
6.11whereby employees may donate unused accrued sick and safe time to another employee.​
6.12 (j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and​
6.13safe time to an employee before accrual by the employee.​
6.14 Sec. 8. Minnesota Statutes 2024, section 326B.0981, subdivision 4, is amended to read:​
6.15 Subd. 4.Internet continuing education.(a) The design and delivery of an Internet​
6.16continuing education course must be approved by the International Distance Education​
6.17Certification Center (IDECC) or the International Association Accreditors for Continuing​
6.18Education and Training (IACET) before the course is submitted for the commissioner's​
6.19approval. The approval must accompany the course submitted.​
6.20 (b) Paragraphs (a) and (d) do not apply to approval of an Internet continuing education​
6.21course for manufactured home installers. An Internet continuing education course for​
6.22manufactured home installers must be approved by the United States Department of Housing​
6.23and Urban Development or by the commissioner of labor and industry. The approval must​
6.24accompany the course completion certificate issued to each student by the course sponsor.​
6.25 (c) Paragraph (a) does not apply to approval of an Internet continuing education course​
6.26for elevator constructors. An Internet continuing education course for elevator constructors​
6.27must be approved by the commissioner of labor and industry. The approval must accompany​
6.28the course completion certificate issued to each student by the course sponsor.​
6.29 (d) An Internet continuing education course must:​
6.30 (1) specify the minimum computer system requirements;​
6.31 (2) provide encryption that ensures that all personal information, including the student's​
6.32name, address, and credit card number, cannot be read as it passes across the Internet;​
6​Sec. 8.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 7.1 (3) include technology to guarantee seat time;​
7.2 (4) include a high level of interactivity;​
7.3 (5) include graphics that reinforce the content;​
7.4 (6) include the ability for the student to contact an instructor or course sponsor within​
7.5a reasonable amount of time;​
7.6 (7) include the ability for the student to get technical support within a reasonable amount​
7.7of time;​
7.8 (8) include a statement that the student's information will not be sold or distributed to​
7.9any third party without prior written consent of the student. Taking the course does not​
7.10constitute consent;​
7.11 (9) be available 24 hours a day, seven days a week, excluding minimal downtime for​
7.12updating and administration, except that this provision does not apply to live courses taught​
7.13by an actual instructor and delivered over the Internet;​
7.14 (10) provide viewing access to the online course at all times to the commissioner,​
7.15excluding minimal downtime for updating and administration;​
7.16 (11) include a process to authenticate the student's identity;​
7.17 (12) inform the student and the commissioner how long after its purchase a course will​
7.18be accessible;​
7.19 (13) inform the student that license education credit will not be awarded for taking the​
7.20course after it loses its status as an approved course;​
7.21 (14) provide clear instructions on how to navigate through the course;​
7.22 (15) provide automatic bookmarking at any point in the course;​
7.23 (16) provide questions after each unit or chapter that must be answered before the student​
7.24can proceed to the next unit or chapter;​
7.25 (17) include a reinforcement response when a quiz question is answered correctly;​
7.26 (18) include a response when a quiz question is answered incorrectly;​
7.27 (19) include a final examination in which the student must correctly answer 70 percent​
7.28of the questions;​
7.29 (20) allow the student to go back and review any unit at any time, except during the final​
7.30examination;​
7​Sec. 8.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 8.1 (21) provide a course evaluation at the end of the course. At a minimum, the evaluation​
8.2must ask the student to report any difficulties caused by the online education delivery​
8.3method;​
8.4 (22) provide a completion certificate when the course and exam have been completed​
8.5and the provider has verified the completion. Electronic certificates are sufficient and shall​
8.6include the name of the provider, date and location of the course, educational program​
8.7identification that was provided by the department, hours of instruction or continuing​
8.8education hours, and licensee's or attendee's name and license, certification, or registration​
8.9number or the last four digits of the licensee's or attendee's Social Security number; and​
8.10 (23) allow the commissioner the ability to electronically review the class to determine​
8.11if credit can be approved.​
8.12 (e) The final examination must be either an encrypted online examination or a paper​
8.13examination that is monitored by a proctor who certifies that the student took the examination.​
8.14 Sec. 9. Minnesota Statutes 2024, section 326B.31, subdivision 29, is amended to read:​
8.15 Subd. 29.Technology circuits or systems."Technology circuits or systems" means​
8.16class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, control,​
8.17alarm, and audio signal, including associated components as covered by the National​
8.18Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are isolated from​
8.19circuits or systems other than class 2 or class 3 by a demarcation and are not process control​
8.20circuits or systems; antenna and communication circuits or systems as covered by chapter​
8.218 of the National Electrical Code; and circuitry and equipment for indoor lighting and​
8.22outdoor landscape lighting systems that are supplied by the secondary circuit of an isolating​
8.23power supply operating at 30 volts or less low voltage lighting, limited to a class 2 or class​
8.243 power supply as covered by the National Electrical Code, article 411. The planning, laying​
8.25out, installing, altering, and repairing of technology circuits or systems must be performed​
8.26in accordance with the applicable requirements of the National Electrical Code pursuant to​
8.27section 326B.35.​
8.28 Sec. 10. Minnesota Statutes 2024, section 326B.33, subdivision 21, is amended to read:​
8.29 Subd. 21.Exemptions from licensing.(a) An individual who is a maintenance electrician​
8.30is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:​
8.31 (1) the individual is engaged in the maintenance and repair of electrical equipment,​
8.32apparatus, and facilities that are owned or leased by the individual's employer and that are​
8​Sec. 10.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 9.1located within the limits of property operated, maintained, and either owned or leased by​
9.2the individual's employer;​
9.3 (2) the individual is supervised by:​
9.4 (i) the responsible master electrician for a contractor who has contracted with the​
9.5individual's employer to provide services for which a contractor's license is required; or​
9.6 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer,​
9.7or, if the maintenance and repair work is limited to technology circuits or systems work, a​
9.8licensed power limited technician; and​
9.9 (3) the individual's employer has on file with the commissioner a current certificate of​
9.10responsible person, signed by the responsible master electrician of the contractor, the licensed​
9.11master electrician, the licensed maintenance electrician, the electrical engineer, or the​
9.12licensed power limited technician, and stating that the person signing the certificate is​
9.13responsible for ensuring that the maintenance and repair work performed by the employer's​
9.14employees complies with the Minnesota Electrical Act and the rules adopted under that act.​
9.15The employer must pay a filing fee to file a certificate of responsible person with the​
9.16commissioner. The certificate shall expire two years from the date of filing. In order to​
9.17maintain a current certificate of responsible person, the employer must resubmit a certificate​
9.18of responsible person, with a filing fee, no later than two years from the date of the previous​
9.19submittal.​
9.20 (b) Employees of a licensed electrical or technology systems contractor or other employer​
9.21where provided with supervision by a master electrician in accordance with subdivision 1,​
9.22or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are​
9.23not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying​
9.24out, installing, altering, and repairing of technology circuits or systems except planning,​
9.25laying out, or installing:​
9.26 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that​
9.27control circuits or systems other than class 2 or class 3, except circuits that interconnect​
9.28these systems through communication, alarm, and security systems are exempted from this​
9.29paragraph;​
9.30 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing​
9.31physically unprotected circuits other than class 2 or class 3; or​
9.32 (3) technology circuits or systems in hazardous classified locations as covered by the​
9.33National Electrical Code.​
9​Sec. 10.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 10.1 (c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and​
10.2class 3 remote control wiring associated with plug or cord and plug connected appliances​
10.3other than security or fire alarm systems installed in a residential dwelling are not required​
10.4to hold a license under sections 326B.31 to 326B.399.​
10.5 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their​
10.6employees are not required to hold or obtain a license under sections 326B.31 to 326B.399​
10.7when performing heating, ventilating, air conditioning, or refrigeration work as described​
10.8in section 326B.38.​
10.9 (e) Employees of any an electrical utility that sells electric service to or for the public​
10.10at retail, communications utility, or railway utility, cable communications company as​
10.11defined in section 238.02, or a telephone company as defined under section 237.01 or its​
10.12employees, or of any an independent contractor performing work on behalf of any such​
10.13utility, cable communications company, or telephone company, shall are not be required to​
10.14hold a license under sections 326B.31 to 326B.399:​
10.15 (1) while performing work on installations, materials, or equipment which are owned​
10.16or leased, and operated and maintained by such utility, cable communications company, or​
10.17telephone company in the exercise of its utility, antenna, or telephone function, and which:​
10.18 (i) are used exclusively for the generation, transformation, distribution, transmission, or​
10.19metering of electric current, or the operation of railway signals, or the transmission of​
10.20intelligence and do not have as a principal function the consumption or use of electric current​
10.21or provided service by or for the benefit of any person other than such utility, cable​
10.22communications company, or telephone company; and​
10.23 (ii) are generally accessible only to employees of such utility, cable communications​
10.24company, or telephone company or persons acting under its control or direction; and​
10.25 (iii) are not on the load side of the service point or point of entrance for communication​
10.26systems;​
10.27 (2) while performing work on installations, materials, or equipment which are a part of​
10.28the street lighting operations of such utility; or​
10.29 (3) while installing or performing work on outdoor area lights which are directly​
10.30connected to a utility's distribution system and located upon the utility's distribution poles,​
10.31and which are generally accessible only to employees of such utility or persons acting under​
10.32its control or direction.​
10​Sec. 10.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 11.1 (f) An individual who physically performs electrical work on a residential dwelling that​
11.2is located on a property the individual owns and actually occupies as a residence or owns​
11.3and will occupy as a residence upon completion of its construction is not required to hold​
11.4or obtain a license under sections 326B.31 to 326B.399 if the residential dwelling has a​
11.5separate electrical utility service not shared with any other residential dwelling.​
11.6 (g) Companies and their employees licensed under section 326B.164 shall are not be​
11.7required to hold or obtain a license under sections 326B.31 to 326B.399 while performing​
11.8elevator work.​
11.9 Sec. 11. Minnesota Statutes 2024, section 326B.36, subdivision 7, is amended to read:​
11.10 Subd. 7.Exemptions from inspections.Installations, materials, or equipment shall are​
11.11not be subject to inspection under sections 326B.31 to 326B.399:​
11.12 (1) when owned or leased, operated and maintained by any employer whose maintenance​
11.13electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing​
11.14electrical maintenance work only as defined by rule;​
11.15 (2) when owned or leased, and operated and maintained by any electrical utility that​
11.16sells electric service to or for the public at retail, communications, or railway utility, cable​
11.17communications company as defined in section 238.02, or telephone company as defined​
11.18under section 237.01, in the exercise of its utility, antenna, or telephone function; and​
11.19 (i) are used exclusively for the generations, transformation, distribution, transmission,​
11.20load control, or metering of electric current, or the operation of railway signals, or the​
11.21transmission of intelligence, and do not have as a principal function the consumption or use​
11.22of electric current by or for the benefit of any person other than such utility, cable​
11.23communications company, or telephone company; and​
11.24 (ii) are generally accessible only to employees of such utility, cable communications​
11.25company, or telephone company or persons acting under its control or direction; and​
11.26 (iii) are not on the load side of the service point or point of entrance for communication​
11.27systems;​
11.28 (3) when used in the street lighting operations of an electrical utility;​
11.29 (4) when used as outdoor area lights which are owned and operated by an electrical​
11.30utility and which are connected directly to its distribution system and located upon the​
11.31utility's distribution poles, and which are generally accessible only to employees of such​
11.32utility or persons acting under its control or direction;​
11​Sec. 11.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​ 12.1 (5) when the installation, material, and equipment are in facilities subject to the​
12.2jurisdiction of the federal Mine Safety and Health Act; or​
12.3 (6) when the installation, material, and equipment is part of an elevator installation for​
12.4which the elevator contractor, licensed under section 326B.164, is required to obtain a permit​
12.5from the authority having jurisdiction as provided by section 326B.184, and the inspection​
12.6has been or will be performed by an elevator inspector certified and licensed by the​
12.7department. This exemption shall apply only to installations, material, and equipment​
12.8permitted or required to be connected on the load side of the disconnecting means required​
12.9for elevator equipment under the National Electrical Code, and elevator communications​
12.10and alarm systems within the machine room, car, hoistway, or elevator lobby.​
12​Sec. 11.​
S2149-1 1st Engrossment​SF2149 REVISOR SS​