MN Bill Would Prohibit Unlicensed Painting

TUESDAY, MARCH 5, 2024


Newly introduced legislation in Minnesota would require all painting work in the state to be completed by or under a licensed painter, as well as prohibit the sales of solvent-based paint to anyone without a license.

The bill, SF 3554, would reportedly create a paint contractor board to oversee licensing, requiring all painters to get licensed or work as a journeyworker under a contractor.

About the Bill

The law applies to “any person, firm, joint venture, partnership, association, corporation, or other organization engaged in the primary business of painting and includes all paint contractors, subcontractors, independent contractors, and persons engaged in paint contract labor who, through negotiations or competitive bidding, enter into contracts to furnish paint and painting services.”

Additionally, it includes persons who enter contractors with “the required equipment to perform the painting contract for a fixed price and who, in pursuit of independent business, undertake a job in whole or in part retaining substantial control of the method and manner of accomplishing the desired result.”

Paint contractor reportedly does not include the state or any agency or political subdivision of the state in the legislation.

Despite the solvent-based paint restriction, this excludes paint materials sold in containers that are a gallon or less in volume and household spray paints dispensed from an aerosol can. The legislation also clarifies that “solvent-based paint materials” means non-waterborne paint and paint thinners.

The paint contractor board would consist of six members, with five appointed by the governor and one will be the commissioner of labor and industry or the commissioner’s designee. Each of the five appointed members will reportedly be a paint contractor selected by the paint contracting industries in the state.

The legislation is sponsored by Minnesota senators Jennifer McEwen, Judy Seeberger and John Hoffman. If enacted, the bill would go into effect July 1, 2025.

Afterwards, the legislation states, that no individual may enter into a contract to furnish paint and provide painting services unless that person is a paint contractor or journeyworker painter licensed by the commissioner.

To obtain a license, an application reportedly must:

  • Demonstration to the satisfaction of the commissioner good character, honest and integrity; and
  • Pass a written or oral examination developed and administered by the commissioner to ensure the competence of each applicant for license.

Alternatively, an applicant for a journeyworker painter license must have at least three years of apprenticeship training in painting before applying for and taking the journeyworker painter license examination.

According to the bill, the governor must make the appointments to the Paint Contractor Board no later than July 1, 2024. The commissioner of labor and industry must convene the first meeting of the Paint Contractor Board no later than Sept. 1, 2024.

   

Tagged categories: Certifications and standards; Contractors; General contractors; Good Technical Practice; Government; Laws and litigation; NA; North America; Paint; Painting Contractors; Program/Project Management; Projects - Commercial; Solventborne coatings

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