HF 4184

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 01:40pm

A bill for an act
relating to construction licensing; repealing registration requirement for unlicensed
electrical workers; amending Minnesota Statutes 2018, sections 326B.094,
subdivision 2; 326B.33, subdivisions 12, 19; repealing Minnesota Statutes 2018,
section 326B.33, subdivision 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 326B.094, subdivision 2, is amended to read:

Subd. 2.

Availability of renewal.

A licensee may apply to renew a license no later than
two years after the expiration of the license. If the department receives a complete renewal
application no later than two years after the expiration of the license, then the department
must approve or deny the renewal application within 60 days of receiving the complete
renewal application. If the department receives a renewal application more than two years
after the expiration of the license, the department must return the renewal license fee to the
applicant without approving or denying the application. If the licensee wishes to obtain a
valid license more than two years after expiration of the license, the licensee must apply
for a new license. This section does not apply to a holder of a certificate of exemption issued
under section 326B.805, subdivision 6, unlicensed individuals who register with the
department under section deleted text begin 326B.33, subdivision 12, or deleted text end 326B.47, or a mechanical contractor
that files a bond with the department under section 326B.197.

Sec. 2.

Minnesota Statutes 2018, section 326B.33, subdivision 12, is amended to read:

Subd. 12.

Unlicensed individuals.

(a) An unlicensed individual means an individual
who has not been licensed by the department to perform specific electrical work. deleted text begin An
unlicensed individual shall not perform electrical work required to be performed by a licensed
individual unless the individual has first registered with the department as an unlicensed
individual. Thereafter, deleted text end An unlicensed individual shall not perform electrical work required
to be performed by a licensed individual unless the work is performed under the direct
supervision of an individual actually licensed to perform such work. The licensed individual
and unlicensed individual must be employed by the same employer. Licensed individuals
shall not permit unlicensed individuals to perform electrical work except under the direct
supervision of an individual actually licensed to perform such work. Unlicensed individuals
shall not supervise the performance of electrical work or make assignments of electrical
work to unlicensed individuals. Except for technology circuits or systems work, licensed
individuals shall supervise no more than two unlicensed individuals. For technology circuits
or systems work, licensed individuals shall supervise no more than three unlicensed
individuals.

(b) Notwithstanding any other provision of this section, no individual other than a master
electrician or power limited technician shall plan or lay out electrical wiring, apparatus, or
equipment for light, heat, power, or other purposes, except circuits or systems exempted
from personal licensing by subdivision 21, paragraph (b).

deleted text begin (c) Contractors employing unlicensed individuals to perform electrical work shall maintain
records establishing compliance with this subdivision that shall identify all unlicensed
individuals performing electrical work, except for individuals working on circuits or systems
exempted from personal licensing by subdivision 21, paragraph (b), and shall permit the
department to examine and copy all such records.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work complies
with the Minnesota Electrical Act and all rules adopted under the act.

Sec. 3.

Minnesota Statutes 2018, section 326B.33, subdivision 19, is amended to read:

Subd. 19.

License, registration, and renewal fees; expiration.

(a) Unless revoked or
suspended under this chapter, all licenses issued or renewed under this section expire on
the date specified in this subdivision. Master licenses expire March 1 of each odd-numbered
year after issuance or renewal. Electrical contractor licenses expire March 1 of each
even-numbered year after issuance or renewal. Technology system contractor and satellite
system contractor licenses expire August 1 of each even-numbered year after issuance or
renewal. All other personal licenses expire two years from the date of original issuance and
every two years thereafter. deleted text begin Registrations of unlicensed individuals expire one year from the
date of original issuance and every year thereafter.
deleted text end

(b) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

deleted text begin (1) the registration of an unlicensed individual under subdivision 12 shall be considered
an entry level license;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the following licenses shall be considered journeyworker licenses: Class A
journeyworker electrician, Class B journeyworker electrician, Class A installer, Class B
installer, lineman, maintenance electrician, satellite system installer, and power limited
technician;

deleted text begin (3) deleted text end new text begin (2) new text end the following licenses shall be considered master licenses: Class A master
electrician and Class B master electrician; and

deleted text begin (4) deleted text end new text begin (3) new text end the following licenses shall be considered business licenses: Class A electrical
contractor, Class B electrical contractor, satellite system contractor, and technology systems
contractor.

(c) For each filing of a certificate of responsible person by an employer, the fee is $100.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 326B.33, subdivision 13, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-6789

326B.33 LICENSES.

Subd. 13.

Registration of unlicensed individuals.

Unlicensed individuals performing electrical work for a contractor or employer shall register with the department in the manner prescribed by the commissioner. Experience credit for electrical work performed in Minnesota after January 1, 2009, by an applicant for a license identified in this section shall not be granted where the applicant has not registered with or is not licensed by the department.