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Outlawing Unlicensed Painters

A proposed Minn. bill would severely limit paint sales

22 March, 2024

The Minnesota legislature is considering a bill that would ban unlicensed painters.

The new requirements would be similar to what’s already in place for electricians and other trades. The bill would create a paint contractor board to oversee licensing, and painters who don’t obtain the license would only be able to work as journeymen under a contractor.

Unlicensed painters would be restricted from buying solvent-based paint materials, including paint thinners. The legislation says that no one can provide paint or painting services unless the painter is licensed.

The law would cover a broad swath of the trade, including “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.”

The law could even prohibit homeowners from buying large quantities of paint for DIY projects.

Many states already require painters to obtain a license to work. Among the 20 states with such a law already on the books are Arizona, California, and Mississippi. States that don’t require a license include Colorado, Connecticut, and Florida.

But those licensure requirements are less strict than the proposed Minnesota law, and more of a formality of registering with the state as a business. The idea of limiting paint sales in Big Box stores like Home Depot is a big step with potentially far-reaching consequences.

To obtain a license, a painter would have to pass a written or oral examination created by the commissioner to assure competence, as well as demonstrate honesty and integrity. A journeyman painter would need three years of experience to take the journeyman painter license examination.

The rationale for the legislation hasn’t been explicitly spelled out by its sponsors. The obvious motivation would be environmental concerns around improper dumping of solvents.

“Honestly getting the vibe that if corner-cutting handymen weren’t polluting so much, this wouldn’t be a problem,” wrote one person on a Reddit thread about the bill.

“Explain to me how restricting the sale in this manner means individuals won’t cause environmental problems with the same products they would before?” countered another Redditor. “This is like saying we are going to get more people to recycle by limiting cans to eight ounces.”

Some have suggested that the legislation may be a bone thrown to labor unions. The sponsors – three senators from the Democratic-Farmer-Labor, or DFL, which is the name for the Democratic party in Minnesota – were endorsed by the Painters and Allied Trades Council, a union that would presumably benefit.

“Requiring a small barrier [of] entry in a license will easily weed out shady handymen that take advantage of ignorant people,” another Redditor pointed out. “Also, licensing will allow workers a negotiating chip to earn higher wages.”

The painting board would be appointed by the governor by July 1, 2024, and convene by this September. The board would consist of five members appointed by the governor and a sixth seat occupied by the commissioner of labor and industry.

Of course, even if Minnesota passed the law, it wouldn’t necessarily stop people from driving across the border to buy paint without a license.

“OK, but I can just drive to Wisconsin and buy whatever I want?” quips one Redditor. “This is great for taxes.”

To express your opinion on the bill, you can sound off in our comments or contact the Labor Committee leadership directly.

 

 

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