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Minnesota Legislature

Office of the Revisor of Statutes

SF 111

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to occupations and professions; defining certain terms related to sign
installation; setting standards for sign installers; amending Minnesota Statutes
2006, sections 326.01, by adding subdivisions; 326.242, subdivisions 3c, 5, 6a,
6b, 6c, 7, 8, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:


new text begin Subd. 6n. new text end

new text begin Electric sign and outline lighting. new text end

new text begin "Electric sign and outline lighting"
means electrically illuminated utilization equipment with words or symbols designed
to convey information, or light sources intended to call or attract attention to objects,
consisting of a single assembly, or two or more subassemblies, listed and labeled by
a Nationally Recognized Testing Laboratory (NRTL); and skeleton tubing installations
consisting of a transformer or power supply listed by a Nationally Recognized Testing
Laboratory and its connected neon tubing.
new text end

Sec. 2.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 6o. new text end

new text begin Sign installer. new text end

new text begin "Sign installer" means a person having the necessary
qualifications, training, experience, and technical knowledge to install, alter, repair, plan,
lay out, and supervise the installing, altering, and repairing of electrical wiring, apparatus,
and equipment for electric signs and outline lighting who is licensed as a sign installer
by the Department of Labor and Industry.
new text end

Sec. 3.

Minnesota Statutes 2006, section 326.242, subdivision 3c, is amended to read:


Subd. 3c.

Bond.

Every new text beginClass A and Class B new text endinstaller, as a condition of licensure,
shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
performance of all work contracted for or entered upon by the installer within the state of
Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure of such performance. Such bond shall be in lieu of all other
license bonds to any political subdivision of the state. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.

Sec. 4.

Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
to read:


new text begin Subd. 3e. new text end

new text begin Sign installer. new text end

new text begin (a) Except as otherwise provided by law, no person shall
install, alter, repair, plan, lay out, or supervise the installing, altering, or repairing of
electrical wiring, apparatus, or equipment for electric signs and outline lighting unless:
new text end

new text begin (1) the person is licensed by the Department of Labor and Industry as a sign
installer; and
new text end

new text begin (2) the electrical work is for a licensed contractor and the person is an employee,
partner, or officer of, or is the licensed contractor.
new text end

new text begin (b) The installation of circuitry supplying and interconnecting electric sign and
outline lighting assemblies by a sign installer is limited to the following:
new text end

new text begin (1) extension of circuits rated not more than 30 amperes from a sign disconnect or
sign outlet box to electric sign and outline lighting assemblies, transformers, or power
supplies, provided the extension of the branch circuit is not longer than 50 feet; and
new text end

new text begin (2) interconnection of electric sign and outline lighting subassemblies, provided the
interconnection circuits are not longer than 50 feet.
new text end

new text begin (c) An applicant for a sign installer license shall:
new text end

new text begin (1) be a graduate of a four-year electrical course in an accredited college or
university; or
new text end

new text begin (2) have had at least 24 months experience, acceptable to the Department of Labor
and Industry, in planning for, laying out, supervising, and installing wiring, apparatus, or
equipment for electric sign and outline lighting installations, provided that the Department
of Labor and Industry may by rule provide for up to 12 months (2,000 hours) of experience
credit for successful completion of a two-year post high school electrical course or other
technical training approved by the Department of Labor and Industry.
new text end

new text begin (d) All applicants for a sign installer license shall successfully complete a sign
installer training course consisting of not less than 40 hours of classroom instruction
provided or approved by the Department of Labor and Industry.
new text end

new text begin (e) The Department of Labor and Industry may initially set experience requirements
without rulemaking, but must adopt rules before January 1, 2008.
new text end

new text begin (f) Licensees must attain eight hours of continuing education acceptable to the
Department of Labor and Industry every renewal period.
new text end

Sec. 5.

Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:


Subd. 5.

Unlicensed persons.

(a) An unlicensed person shall not perform electrical
work unless the work is performed under the personal supervision of a person actually
licensed to perform such work and the licensed electrician and unlicensed persons are
employed by the same employer. Licensed persons shall not permit unlicensed persons
to perform electrical work except under the personal supervision of a person actually
licensed to perform such work. Unlicensed persons shall not supervise the performance
of electrical work or make assignments of electrical work to unlicensed persons. Except
for technology circuit or system work, licensed persons shall supervise no more than
two unlicensed persons. For technology circuit or system work, licensed persons shall
supervise no more than three unlicensed persons.

(b) Notwithstanding any other provision of this section, no person other than a
master electriciannew text begin, sign installer,new text end 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 12, paragraph (b).

(c) Contractors employing unlicensed persons performing electrical work shall
maintain records establishing compliance with this subdivision, which shall designate all
unlicensed persons performing electrical work, except for persons working on circuits or
systems exempted from personal licensing by subdivision 12, paragraph (b), and shall
permit the board to examine and copy all such records as provided for in section 326.244,
subdivision 6
.

Sec. 6.

Minnesota Statutes 2006, section 326.242, subdivision 6a, is amended to read:


Subd. 6a.

Bond required.

Each contractor shall give and maintain bond to the state
in the penal sum of $5,000 conditioned upon the faithful and lawful performance of all
work entered upon by the contractor within the state of Minnesota and such bond shall be
for the benefit of persons injured or suffering financial loss by reason of failure of such
performance. The bond shall be filed with the deleted text beginboarddeleted text end new text beginDepartment of Labor and Industry
new text endand shall be in lieu of all other license bonds to any political subdivision. Such bond shall
be written by a corporate surety licensed to do business in the state of Minnesota.

Sec. 7.

Minnesota Statutes 2006, section 326.242, subdivision 6b, is amended to read:


Subd. 6b.

Insurance required.

Each contractor shall have and maintain in effect
general liability insurance, which includes premises and operations insurance and products
and completed operations insurance, with limits of at least $100,000 per occurrence,
$300,000 aggregate limit for bodily injury, and property damage insurance with limits of
at least $25,000 or a policy with a single limit for bodily injury and property damage of
$300,000 per occurrence and $300,000 aggregate limits. Such insurance shall be written
by an insurer licensed to do business in the state of Minnesota and each contractor shall
maintain on file with the deleted text beginboarddeleted text end new text beginDepartment of Labor and Industry new text enda certificate evidencing
such insurance which provides that such insurance shall not be canceled without the
insurer first giving 15 days written notice to the deleted text beginboarddeleted text end new text beginDepartment of Labor and Industry
new text endof such cancellation.

Sec. 8.

Minnesota Statutes 2006, section 326.242, subdivision 6c, is amended to read:


Subd. 6c.

Employment of master electriciannew text begin, sign installer,new text end or power limited
technician.

(a) No contractor shall engage in business of electrical contracting unless
the contractor employs a licensed Class A master or Class B master electrician, new text beginsign
installer,
new text endor power limited technician, who shall be responsible for the performance of all
electrical work in accordance with the requirements of sections 326.241 to 326.248 or
any rule or order adopted or issued under these sections. The classes of work for which
the licensed contractor is authorized shall be limited to those for which such Class A
master electrician, Class B master electrician, new text beginsign installer, new text endor power limited technician
employed by the contractor is licensed.

(b) When a contractor's license is held by an individual, partnership, limited liability
company, or corporation and the individual, one of the partners, one of the members, or
an officer of the corporation, respectively, is not the responsible master electriciannew text begin, sign
installer,
new text end or power limited technician of record, all requests for inspection shall be signed
by the responsible master electriciannew text begin, sign installer,new text end or power limited technician of record.
The designated responsible master electriciannew text begin, sign installer,new text end or power limited technician
of record shall be employed by the individual, partnership, limited liability company, or
corporation which is applying for a contractor's license and shall not be employed in any
capacity as a licensed electriciannew text begin, licensed sign installer,new text end or licensed technician by any
other contractor or employer designated in subdivision 12.

(c) All applications for contractor's licenses and all renewals shall include a verified
statement that the applicant or licensee has complied with this subdivision.

Sec. 9.

Minnesota Statutes 2006, section 326.242, subdivision 7, is amended to read:


Subd. 7.

Examination.

In addition to the requirements imposed herein and except
as herein otherwise provided, as a precondition to issuance of a personal license, each
applicant must pass a written or oral examination given by the board to insure the
competence of each applicant for license. An oral examination shall be administered
only to an applicant who furnishes a written statement from a certified teacher or
other professional, trained in the area of reading disabilities stating that the applicant
has a specific reading disability which would prevent the applicant from performing
satisfactorily on a written test. The oral examination shall be structured so that an applicant
who passes the examination will not impair the applicant's own safety or that of others
while acting as a licensed person. No person failing an examination may retake it for six
months thereafter, but within such six months the person may take an examination for a
lesser grade of license. Any licensee failing to renew a license for two years or more after
its expiration shall be required to retake the examination before being issued a new license.

An applicant for a personal license shall submit to the deleted text beginboarddeleted text end new text beginDepartment of Labor
and Industry
new text endan application and examination fee at the time of application. Upon
approval of the application, the deleted text beginboarddeleted text end new text beginDepartment of Labor and Industry new text endshall schedule
the applicant for the next available examination, which shall be held within 60 days. The
applicant shall be allowed one opportunity to reschedule an examination without being
required to submit another application and examination fee. Additionally, an applicant
who fails an examination, or whose application has been disapproved, must submit
another application and examination fee.

Sec. 10.

Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:


Subd. 8.

License and renewal fees.

All licenses issued hereunder shall expire in a
manner as provided by the deleted text beginboarddeleted text endnew text begin Department of Labor and Industrynew text end. Feesdeleted text begin, as set by the
board, shall be payable for examination, issuance
deleted text end new text beginfor application and examination, and
issuance of original license
new text endand renewal deleted text beginof the followingdeleted text endnew text begin arenew text end:

(1) For new text begineach personal license application and new text endexamination:new text begin $35.
new text end

deleted text begin Class A Master.
deleted text end

deleted text begin Class B Master.
deleted text end

deleted text begin Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
Special Electrician.
deleted text end

(2) For issuance of original license and renewal:

Class A Masterdeleted text begin.deleted text endnew text begin: $40 per year, prorated quarterly;
new text end

Class B Masterdeleted text begin.deleted text endnew text begin: $25 per year;
new text end

Power Limited Techniciandeleted text begin.deleted text endnew text begin: $15 per year;
new text end

Class A Journeyman, Class B Journeyman, Installer, new text beginSign Installer, new text endor Special
Electriciandeleted text begin.deleted text endnew text begin: $15 per year;
new text end

Electrical contractordeleted text begin.deleted text endnew text begin: $100 per year, prorated quarterly;
new text end

Technology Systems Contractornew text begin: $100 per year, prorated quarterlynew text end.

(3) An individual or contractor who fails to renew a license before 30 days after the
expiration of the license must submit a late fee equal to one year's license fee in addition
to the full renewal fee. Fees for renewed licenses are not prorated. An individual or
contractor that fails to renew a license by the expiration date is unlicensed until the
license is renewed.