(House Bill 1009)
An Act to revise certain provisions regarding the licensing of electricians and electrical contractors.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 36-16-2 be AMENDED.
36-16-2. Definition of terms.
Terms used in this chapter mean:
(1) "Apprentice electrician," a person learning the trade under the supervision and employment of an electrical contractor, journeyman electrician or Class B electrician, or a person learning the trade under the supervision of a 501(d) electrician, or a person employed by a public entity or private corporation, firm or partnership who is learning the trade under the supervision of an electrical contractor or Class B electrician who is employed by the same public entity or private corporation, limited liability company, firm, or partnership;
(2) "Class B electrician," a person having the necessary qualifications, training, technical knowledge and at least thirty-six months' experience in wiring, installing and repairing electrical apparatus and equipment in accordance with the standard rules established by the State Electrical Commission;
(3) "Electrical contractor," a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, and supervise the installation and repair of electrical wiring, apparatus, and equipment for electric light, heat and power in accordance with the standard rules governing such work; and who undertakes or offers to undertake with another to plan for, lay out, supervise and install or to make additions, alterations and repairs in the installation of such work;
(4) "Electrical inspector," a person experienced in all classes of electrical work and either:
a graduate of a
recognized electrical school as approved by State Electrical
Commission rules and shall
have had has
a total of four
of experience ,
which may not include school experience,
in electrical work,
excluding school experience,
have had Has
at least six
years of practical experience in electrical wiring. Any
inspector may be issued an electrical contractor's license ,
provided however, he pay
the qualified inspector pays the
necessary fees as set forth in this chapter;
electrician," a person having the necessary qualifications,
training, technical knowledge and at least four
in wiring, installing, and repairing electrical apparatus and
equipment in accordance with the standard rules established by the
State Electrical Commission;
(6) "Maintenance electrician," a person working under a maintenance electrician's license of a public entity, firm, partnership, limited liability company, or corporation;
(7) "501(d) electrician," a person having the necessary qualifications, training and technical knowledge in wiring, installing, and repairing electrical apparatus and equipment in accordance with the administrative rules promulgated by the State Electrical Commission, pursuant to chapter 1-26. A 501(d) licensee is restricted to wiring on 501(d) properties within the State of South Dakota. 501(d) is the reference to the federal internal revenue code that provides the exemption for a religious or apostolic association or corporation.
Section 2. That § 36-16-4 be AMENDED.
36-16-4. Commission member involved in education of electrical engineers or electricians.
The Governor shall appoint one
member of the State Electrical Commission who shall be involved in
the education of electrical engineers or electricians.
serve without compensation
be reimbursed travel expenses, pursuant to § 3-9-2,that are
related to the discharge of the member's duty under this section.
Section 3. That § 36-16-7 be AMENDED.
36-16-7. Officers of commission--Expenses of members.
The members of the State
Electrical Commission shall select from their members a president and
member of the commission except as provided in § 36-16-4 The
receive travel expenses,
pursuant to § 3-9-2,
actively engaged in that
are related to the
discharge of the
under this chapter.
Section 4. That § 36-16-8 be AMENDED.
36-16-8. Meetings of commission--Notice.
The State Electrical Commission
shall hold a meeting in the month of July of each year in Pierre and
may hold such other meetings as are necessary to review
qualifications and perform the other duties coming before
Special meetings shall
notice given by the president
each member of the commission
directly, at least seventy-two hours prior to the meeting.
Section 5. That § 36-16-16 be AMENDED.
36-16-16. Persons exempt from license requirement.
The following persons are not required to hold an electrician's license:
in the manufacture and distribution of electrical energy ,
engaged in work
directly pertaining to the manufacture and distribution of electrical
or companies when a
person that is engaged
in work pertaining directly to such services ,
if the work is designed, supervised, or installed by a person
qualified in the work being done. This exemption shall
at the first
point of service attachment, except for the installing or testing of
electric meters and measuring devices and the maintenance of their
telephone, telegraph, radio and television communication services and
persons or companies when engaged
person that is engaged in
work pertaining directly to such services ,
if the work is designed, supervised or installed by a person
qualified in the work being done;
person doing electrical work
ships, railways, rolling stock or automotive equipment, and a
mine, ship, railway, or rolling stock, or on equipment in
regulated by the Department of Agriculture;
of lamps and connection A
person replacing a lamp and connection of devices
which have receptable
that has been
appliance service repair
person doing maintenance on
a space heaters
installation of same has been effected by a Class B or journeyman
electrician in accordance with this chapter;
designers, and engineers An
architect, designer, or engineer engaged
in the planning and laying out of electrical work;
employee of an
in the installation and maintenance of utility street lighting,
traffic signal devices or electric utility-owned security lights or
persons or companies when engaged in work pertaining directly to such
services, if the work is designed, supervised, or installed by a
person qualified in the work being done; or
an alarm and
when wiring an
alarm or communications system when
the system is
classified as power limited class 2 or class 3 signaling circuits,
power limited fire protective signaling circuits, class 2 or class 3
alarm circuits, or communications circuits or systems ,
as covered by articles 725, 760, 770, 800, 810, 820 of the National
Electrical Code as it was approved by the American National Standards
Institute and in effect on January 1, 1989,;
a person or
engaged in work pertaining directly to such
wiring, if the
work is designed, supervised, or installed by a person qualified in
the work being done.
Section 6. That § 36-16-19 be AMENDED.
36-16-19. Experience required for contractor's license.
as a journeyman electrician or at least
one year of commercial experience
as a Class B electrician before making application for an electrical
Section 7. That § 36-16-21 be AMENDED.
36-16-21. Apprentice registration--Fee--Supervision of work.
An apprentice shall register with
the State Electrical Commission. The State Electrical Commission may
promulgate rules, pursuant to chapter 1-26,
to establish and collect a biennial registration fee not to exceed
twenty dollars. Biennial fee requirements
shall commence on July 1, 1986. He shall
apply in even-numbered years. The apprentice may
not be allowed to work on installations
Section 8. That § 36-16-22 be AMENDED.
36-16-22. Evidence of experience required for license--Partnership or corporate license.
for a license under this chapter shall pay a fee
take an oath,
and submit written evidence that
he has had of
required experience. If a partnership, company, corporation, or
association applies for a license, an officer or manager thereof
shall make the application and take the oath and submit evidence as
Signed February 12, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.