SF 2044

as introduced - 90th Legislature (2017 - 2018) Posted on 02/21/2018 09:11am

A bill for an act
relating to construction licensing; modifying employment requirements for
unlicensed individuals and journeyman electricians; amending Minnesota Statutes
2016, section 326B.33, subdivisions 2, 12.

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

Section 1.

Minnesota Statutes 2016, section 326B.33, subdivision 2, is amended to read:

Subd. 2.

Journeyman electrician.

(a) Except as otherwise provided by law, no individual
shall perform and supervise any electrical work except for planning or laying out of electrical
work unless:

(1) the individual is licensed by the commissioner as a journeyman electrician; and

(2) the electrical work is:

(i) for a contractor and the individual is an employee, partner, or officer of the licensed
contractor; or

(ii) performed under the supervision of a master electrician also employed by the
individual's employer on electrical wiring, apparatus, equipment, or facilities that are owned
or leased by the employer and that are located within the limits of property operated,
maintained, and either owned or leased by the employer.

new text begin (b) The licensed individual under paragraph (a) may be employed by a different licensed
electrical contractor or an employer who has a contract with a licensed electrical contractor
if the individual complies with the following:
new text end

new text begin (1) laws requiring workers' compensation;
new text end

new text begin (2) laws requiring unemployment compensation;
new text end

new text begin (3) laws requiring employment taxes;
new text end

new text begin (4) the work is supervised according to section 326B.31, subdivision 16; and
new text end

new text begin (5) the work of the individual is performed according to section 326B.35.
new text end

new text begin An individual licensed to perform the electrical work being supervised or the employer
of the individual providing supervision according to section 326B.31, subdivision 16, shall
report or verify the journeyman electrician hours.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An applicant for a Class A journeyman electrician license shall have had at least
four years of experience, acceptable to the commissioner, in wiring for, installing, and
repairing electrical wiring, apparatus, or equipment, provided however, that one year of
experience credit for the successful completion of a two-year post high school electrical
course approved by the commissioner may be allowed.

deleted text begin (c) deleted text end new text begin (d) new text end As of August 1, 1985, no new Class B journeyman electrician licenses shall be
issued. An individual who holds a Class B journeyman electrician license as of August 1,
1985, may retain and renew the license and exercise the privileges it grants, which include
electrical work limited to single phase systems, not over 200 amperes in capacity, on
farmsteads or on single-family dwellings located in towns or municipalities with fewer than
2,500 inhabitants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, 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. 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, 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 deleted text begin must be employed by the same employer deleted text end new text begin may be employed by
different licensed electrical contractors or an employer who has a contract with a licensed
electrical contractor if the individual complies with the following:
new text end

new text begin (1) laws requiring workers' compensation;
new text end

new text begin (2) laws requiring unemployment compensation;
new text end

new text begin (3) laws requiring employment taxes;
new text end

new text begin (4) the work is supervised according to section 326B.31, subdivision 16;
new text end

new text begin (5) the work of the individual is performed according to section 326B.35; and
new text end

new text begin (6) if the employee is a registered apprentice, the requirements of chapter 178 are
followed new text end .

new text begin An individual licensed to perform the electrical work being supervised or the employer
of the individual providing supervision according to section 326B.31, subdivision 16, shall
report or verify the unlicensed individual's hours.
new text end

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).

(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.

(d) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end