Alabama 2022 Regular Session

Alabama House Bill HB357 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB357
2	2	2 216716-1
3	3	3 By Representatives Pettus and Rich
4	4	4 RFD: Boards, Agencies and Commissions
5	5	5 First Read: 15-FEB-22
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7	7	Page 0 1 216716-1:n:01/26/2022:KMS/cr LSA2022-412
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14	14	8 SYNOPSIS: Under existing law, the Alabama Board of
15	15	9 Electrical Contractors is responsible for the
16	16	10 licensing and regulation of electrical contractors
17	17	11 in the state.
18	18	12 This bill would provide for the definition
19	19	13 of an electrical worker and a provisional license,
20	20	14 and would delete references to master electrician.
21	21	15 This bill would provide further for the
22	22	16 election of board officers and for the duties of
23	23	17 the board, including the subpoena of witnesses, the
24	24	18 investigation of complaints, and providing for
25	25	19 reciprocity.
26	26	20 This bill would provide an individual
27	27	21 previously issued a provisional license three years
28	28	22 to take the licensure examination, and would
29	29	23 require the board to waive the examination fee for
30	30	24 one sitting.
31	31	25 This bill would lessen the time frame during
32	32	26 which an expired license may be restored from five
33	33	27 years to two years after expiration.
34	34	Page 1 1 This bill would also provide further for
35	35	2 exemptions and would remove the authority of a
36	36	3 county or municipality to require an additional
37	37	4 electrical contracting proficiency examination
38	38	5 before issuing a local license to perform
39	39	6 electrical work within the county or municipality.
40	40	7 Amendment 621 of the Constitution of Alabama
41	41	8 of 1901, now appearing as Section 111.05 of the
42	42	9 Official Recompilation of the Constitution of
43	43	10 Alabama of 1901, as amended, prohibits a general
44	44	11 law whose purpose or effect would be to require a
45	45	12 new or increased expenditure of local funds from
46	46	13 becoming effective with regard to a local
47	47	14 governmental entity without enactment by a 2/3 vote
48	48	15 unless: it comes within one of a number of
49	49	16 specified exceptions; it is approved by the
50	50	17 affected entity; or the Legislature appropriates
51	51	18 funds, or provides a local source of revenue, to
52	52	19 the entity for the purpose.
53	53	20 The purpose or effect of this bill would be
54	54	21 to require a new or increased expenditure of local
55	55	22 funds within the meaning of the amendment. However,
56	56	23 the bill does not require approval of a local
57	57	24 governmental entity or enactment by a 2/3 vote to
58	58	25 become effective because it comes within one of the
59	59	26 specified exceptions contained in the amendment.
60	60	27
61	61	Page 2 1 A BILL
62	62	2 TO BE ENTITLED
63	63	3 AN ACT
64	64	4
65	65	5 To amend Sections 34-36-3, 34-36-4, 34-36-6,
66	66	6 34-36-7, 34-36-8, 34-36-9, 34-36-13, and Section 34-36-16, as
67	67	7 amended by Act 2021-272, 2021 Regular Session, Code of Alabama
68	68	8 1975, relating to the Alabama Board of Electrical Contractors;
69	69	9 to provide further for definitions, to delete references to
70	70	10 master electrician; to provide further for the election of
71	71	11 board officers; to provide further for the duties of the
72	72	12 board, including the subpoena of witnesses, the investigation
73	73	13 of complaints, and providing for reciprocity; to provide an
74	74	14 individual previously issued a provisional license three years
75	75	15 to take the licensure examination, and require the board to
76	76	16 waive the examination fee for one sitting; to lessen the time
77	77	17 frame for restoring an expired license from five years to two
78	78	18 years; to provide further for exemptions; to remove the
79	79	19 authority of a county or municipality to require an additional
80	80	20 electrical contracting proficiency examination before issuing
81	81	21 a local license to work within the county or municipality; and
82	82	22 in connection therewith would have as its purpose or effect
83	83	23 the requirement of a new or increased expenditure of local
84	84	24 funds within the meaning of Amendment 621 of the Constitution
85	85	25 of Alabama of 1901, now appearing as Section 111.05 of the
86	86	26 Official Recompilation of the Constitution of Alabama of 1901,
87	87	27 as amended.
88	88	Page 3 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
89	89	2 Section 1. Sections 34-36-3, 34-36-4, 34-36-6,
90	90	3 34-36-7, 34-36-8, 34-36-9, 34-36-13, and Section 34-36-16, as
91	91	4 amended by Act 2021-272, 2021 Regular Session, Code of Alabama
92	92	5 1975, are amended to read as follows:
93	93	6 "§34-36-3.
94	94	7 "The following terms shall have the meanings
95	95	8 respectively ascribed to them used in this chapter, for the
96	96	9 purposes of this chapter, unless the context clearly requires
97	97	10 a different meaning:
98	98	11 "(1) BOARD. The Alabama Board of Electrical
99	99	12 Contractors.
100	100	13 "(2) DIRECTOR. The Executive Director of the Alabama
101	101	14 Board of Electrical Contractors.
102	102	15 "(3) ELECTRICAL CONTRACTING. Any job or project in
103	103	16 the State of Alabama wherein the electrical contractor
104	104	17 proposes to bid, install, maintain, alter, or repair any
105	105	18 electric wiring devices or equipment.
106	106	19 "(4) ELECTRICAL CONTRACTOR. Any person, firm, or
107	107	20 corporation who is engaged in the business of soliciting and
108	108	21 installing electrical power or control systems; maintaining,
109	109	22 altering, or repairing electrical power or control systems,
110	110	23 any electrical wiring devices, equipment, or any other
111	111	24 electrical apparatus. A person who possesses the necessary
112	112	25 qualifications, training, and technical knowledge to plan, lay
113	113	26 out, and supervise the installation of electrical wiring,
114	114	27 apparatus, or equipment for lighting, heating, power, or
115	115	Page 4 1 controls and who possesses any of the following
116	116	2 qualifications:
117	117	3 "a. Four years of practical experience as a
118	118	4 journeyman electrician in charge of jobs.
119	119	5 "b. Four years of experience in the design and
120	120	6 construction of electrical systems.
121	121	7 "(5) ELECTRICAL WORKER. Any person who has received
122	122	8 training, or is receiving training, in the installation,
123	123	9 maintenance, and repair of electrical systems and circuitry
124	124	10 and has demonstrated skills and knowledge concerning the
125	125	11 potential hazards of electricity. The position of electrical
126	126	12 worker does not require a license from this board. An
127	127	13 electrical worker may only perform electrical work in this
128	128	14 state if he or she is any of the following:
129	129	15 "a. Employed by, and responsible to, a properly
130	130	16 licensed electrical contractor.
131	131	17 "b. Employed by a company that employs a properly
132	132	18 licensed electrical contractor and the electrical worker is
133	133	19 responsible to that licensed electrical contractor.
134	134	20 "c. Employed by a workforce staffing company that
135	135	21 contracts to provide workers to a licensed electrical
136	136	22 contractor and responsible to a licensed electrical
137	137	23 contractor.
138	138	24 "(5)(6) JOURNEYMAN ELECTRICIAN. A person who
139	139	25 possesses necessary qualifications, training, and technical
140	140	26 knowledge to install electrical wiring, apparatus, or
141	141	27 equipment lighting, heating, or power or control covered by
142	142	Page 5 1 this chapter. He or she shall work under a master or state
143	143	2 certified an electrical contractor and shall be capable of
144	144	3 doing work according to plans and specifications furnished to
145	145	4 him or her and in accordance with standard rules and
146	146	5 regulations governing such work.
147	147	6 "(6)(7) LICENSE. A valid and current certificate of
148	148	7 registration issued by the director on behalf of the board
149	149	8 which shall give the named person to whom it is issued
150	150	9 authority to engage in the activity prescribed thereon.
151	151	10 "(7)(8) LICENSEE. Any person holding a license
152	152	11 issued by the board.
153	153	12 "(8)(9) PERSON. A human person, not a legal entity.
154	154	13 "(10) PROVISIONAL LICENSE. A person who holds a
155	155	14 limited license issued by the board before August 31, 2012, to
156	156	15 perform electrical contracting tasks and functions only within
157	157	16 the boundaries and jurisdiction of the local authority where
158	158	17 the licensee holds a local electrical contractor license.
159	159	18 "§34-36-4.
160	160	19 "(a) The Alabama Board of Electrical Contractors is
161	161	20 created.
162	162	21 "(b) A person to be eligible for appointment to
163	163	22 serve on the board shall be a citizen and resident of Alabama.
164	164	23 Each person appointed to the board from each congressional
165	165	24 district shall be actively engaged in the electrical
166	166	25 construction contracting business as a qualified person with
167	167	26 electrical construction background of not less than five
168	168	27 consecutive years, and shall hold certificates to validate his
169	169	Page 6 1 or her competence as an electrical contractor in the
170	170	2 electrical construction field immediately preceding the
171	171	3 appointment. The two persons appointed to the board as
172	172	4 at-large members shall be members of the Alabama State
173	173	5 Electrical Workers Association. The membership of the board
174	174	6 should be inclusive and should reflect the racial, gender,
175	175	7 geographic, urban/rural Governor shall coordinate his or her
176	176	8 appointments to assure the board membership is inclusive and
177	177	9 reflects the racial, gender, geographic, urban, rural, and
178	178	10 economic diversity of the diversity of the state.
179	179	11 "(c) The board shall consist of nine members to be
180	180	12 appointed by the Governor. One member shall be appointed from
181	181	13 each congressional district, and there shall be two at-large
182	182	14 members who shall be appointed from within the state. The
183	183	15 board members from the First, Second, and Third Congressional
184	184	16 Districts shall be appointed for terms of one year; the board
185	185	17 members from the Fourth, Fifth, and Sixth Congressional
186	186	18 Districts shall be appointed for terms of two years; and the
187	187	19 board member from the Seventh Congressional District as well
188	188	20 as the at-large members shall be appointed for terms of three
189	189	21 years. Thereafter, all board members shall be appointed for
190	190	22 terms of three years. Each term shall expire on June 30 of the
191	191	23 last year of the term, and no member shall serve more than two
192	192	24 consecutive three-year terms. Vacancies on the board for any
193	193	25 cause shall be filled by appointment by the Governor for the
194	194	26 remainder of the unexpired term. Members shall serve until
195	195	27 their successors are appointed.
196	196	Page 7 1 "(d) The board shall meet at least semiannually and
197	197	2 as often as necessary. The board shall meet annually to elect
198	198	3 officers from its membership, whose initial terms shall expire
199	199	4 on June 30 next following their election. To be eligible for
200	200	5 election as an officer, a board member shall have served for
201	201	6 at least two years on the board at the time of election.
202	202	7 Special meetings of the board may be held as the board
203	203	8 provides in its rules and regulations. The board shall meet at
204	204	9 least once in the first quarter and once in the third quarter
205	205	10 of the year. Five members of the board shall constitute a
206	206	11 quorum.
207	207	12 "(e) The board may adopt rules and regulations to
208	208	13 carry out this chapter.
209	209	14 "(f) Any member of the board or duly appointed
210	210	15 hearing officer designated by the board may administer oaths
211	211	16 and take testimony concerning all matters within the
212	212	17 jurisdiction of the board.
213	213	18 "(g) The board may sue and be sued in its official
214	214	19 name. Absent negligence, wantonness, recklessness, or
215	215	20 deliberate misconduct, members of the board are immune from
216	216	21 liability for all good faith acts performed in the execution
217	217	22 of their duties of the board.
218	218	23 "(h) The board shall adopt a seal for its use
219	219	24 containing the words: Alabama Board of Electrical Contractors'
220	220	25 Licensing Board Contractors.
221	221	26 "(i) The board may employ, and at its pleasure
222	222	27 discharge, an executive director. The board may hire other
223	223	Page 8 1 officers, attorneys, and administrative employees which may be
224	224	2 necessary to implement this chapter. The board may employ, on
225	225	3 an as needed basis, an investigator investigators to
226	226	4 investigate complaints. The board shall not employ electrical
227	227	5 inspectors nor provide for any electrical inspections. The
228	228	6 board shall outline the duties and fix the compensation and
229	229	7 expense allowances of all employees pursuant to the Merit
230	230	8 System Act of Alabama.
231	231	9 "(j) The board is subject to the Alabama Sunset Law
232	232	10 and is classified as an enumerated agency pursuant to Section
233	233	11 41-20-3. The board shall automatically terminate on October 1,
234	234	12 2012, and every four years thereafter, unless a bill is
235	235	13 enacted that the board be continued, modified, or
236	236	14 reestablished.
237	237	15 "(k) Each board member shall be accountable to the
238	238	16 Governor for the proper performance of his or her duties as a
239	239	17 member of the board. The Governor shall investigate any
240	240	18 complaints or unfavorable reports concerning the actions of
241	241	19 the board and shall take appropriate action thereon, including
242	242	20 removal of any board member for misfeasance, malfeasance,
243	243	21 neglect of duty, commission of a felony, incompetence, or
244	244	22 permanent inability to perform official duties. A board member
245	245	23 may be removed at the request of the board after failing to
246	246	24 attend three consecutive properly noticed meetings.
247	247	25 "§34-36-6.
248	248	26 "(a) By rule, the board shall make provisions to do
249	249	27 all of the following:
250	250	Page 9 1 "(1) Prepare or approve all examinations of
251	251	2 applicants for licenses for electrical contractors and
252	252	3 journeyman electricians.
253	253	4 "(2) Determine the qualifications of electrical
254	254	5 contractors to engage in the business of electrical
255	255	6 contracting.
256	256	7 "(3) Determine the qualifications of journeyman
257	257	8 electricians to engage in electrical work.
258	258	9 "(4) Provide for the investigation of written
259	259	10 complaints filed with the board concerning alleged violations
260	260	11 of this chapter and any rules adopted by the board.
261	261	12 "(5) Conduct investigations. The board may subpoena
262	262	13 witnesses and command the production of any books, documents,
263	263	14 records, and papers the board deems pertinent to any matter
264	264	15 under investigation. The board, by order of the chair or
265	265	16 executive director, may require any person to produce within
266	266	17 the state, at a reasonable time and place as the board may
267	267	18 designate, any books, documents, records, or papers kept in
268	268	19 any office or place without or within this state, or certified
269	269	20 copies thereof, whenever the production is reasonably required
270	270	21 and pertinent to any matter under investigation before or by
271	271	22 the board, in order that an examination may be made by the
272	272	23 board, or by any person employed by the board.
273	273	24 "(6) Investigate written complaints relating to
274	274	25 faulty, inefficient, unlicensed, or unsafe electrical work
275	275	26 likely to endanger life, health, or property.
276	276	Page 10 1 "(7) Provide for reciprocity with other states in
277	277	2 the registration and licensing of electrical contractors and
278	278	3 journeyman electricians, provided that those other states have
279	279	4 requirements substantially equal to or greater than the
280	280	5 requirements of this state for registration and licensure and
281	281	6 that a similar privilege is offered to licensees of this
282	282	7 board.
283	283	8 "(b) The board may suspend, revoke, or refuse to
284	284	9 issue or renew a license and impose a civil penalty in an
285	285	10 amount not to exceed five thousand dollars ($5,000), after
286	286	11 notice and opportunity for a hearing pursuant to the Alabama
287	287	12 Administrative Procedure Act, upon proof of any of the
288	288	13 following actions by a licensee or applicant:
289	289	14 "(1) Violating any provision of this chapter.
290	290	15 "(2) Attempting to procure a license to practice
291	291	16 electrical contracting or to work as a master electrician an
292	292	17 electrical contractor or journeyman electrician by bribery or
293	293	18 fraudulent misrepresentations.
294	294	19 "(3) Being convicted or found guilty, regardless of
295	295	20 adjudication, of a crime in any jurisdiction which directly
296	296	21 relates to the practice of electrical contracting, working as
297	297	22 a journeyman electrician, or the ability to practice
298	298	23 electrical contracting or to work as a master electrician or
299	299	24 journeyman electrician.
300	300	25 "(4) Making or filing a report or record which the
301	301	26 licensee knows to be false, willfully failing to file a report
302	302	27 or record required by state or federal law, willfully impeding
303	303	Page 11 1 or obstructing such filing, or inducing another person to
304	304	2 impede or obstruct such filing. Such reports or records shall
305	305	3 include only those which are signed in the capacity of a
306	306	4 licensed electrical contractor, master electrician, or
307	307	5 journeyman electrician.
308	308	6 "(5) Being found guilty of fraud or deceit or of
309	309	7 negligence, incompetency, or misconduct in the practice of
310	310	8 electrical contracting or working as a master electrician an
311	311	9 electrical contractor or journeyman electrician.
312	312	10 "(6) Practicing on with a revoked, suspended, or
313	313	11 inactive license.
314	314	12 "(7) Aiding or abetting any person to evade any
315	315	13 provision of this chapter.
316	316	14 "(8) Knowingly combining or conspiring with any
317	317	15 person by allowing one's license to be used by any unlicensed
318	318	16 person with the intent to evade this chapter. When a licensee
319	319	17 allows his or her license to be used by any firm, partnership,
320	320	18 association, or corporation without having any active
321	321	19 participation in the operations or management of the firm,
322	322	20 partnership, association, or corporation, such the act
323	323	21 constitutes prima facie evidence of an intent to evade this
324	324	22 chapter.
325	325	23 "(9) Acting in the capacity of a contractor under
326	326	24 any license issued under this chapter except in the name of
327	327	25 the licensee as set forth on the issued license.
328	328	26 "(10) Failing to sufficiently and consistently
329	329	27 oversee and be responsible for the electrical work purportedly
330	330	Page 12 1 performed by an electrical worker or a journeyman electrician
331	331	2 under the oversight of an electrical contractor or his or her
332	332	3 affiliated company, in order to ensure that all electrical
333	333	4 work is compliant with the applicable code or codes and the
334	334	5 health, safety, and welfare of the public.
335	335	6 "(c) Upon finding a person, corporation, or business
336	336	7 entity engaged in electrical contracting as defined in this
337	337	8 chapter to be in violation of any of the provisions contained
338	338	9 herein within this chapter, the board may investigate the
339	339	10 activities of licensed and unlicensed contractors. If the
340	340	11 board finds that a person, corporation, or business entity is
341	341	12 engaged in performing electrical contracting covered by this
342	342	13 chapter without having obtained a proper license, the board
343	343	14 may do any of the following:
344	344	15 "(1) Deny an application for licensure with cause.
345	345	16 "(2) Impose an administrative fine of not more than
346	346	17 five thousand dollars ($5,000).
347	347	18 "(3) Issue a cease and desist order.
348	348	19 "(4) Petition the circuit court of the county where
349	349	20 the act occurred to enforce the cease and desist order or
350	350	21 collect the assessed fine, or both.
351	351	22 "(d) Any person aggrieved by any adverse action
352	352	23 taken by the board may appeal the adverse action to the
353	353	24 circuit court of the county in which the adverse action
354	354	25 occurred in accordance with the Alabama Administrative
355	355	26 Procedure Act.
356	356	27 "§34-36-7.
357	357	Page 13 1 "(a) All applicants for licensure must shall submit
358	358	2 a completed application, application fee, and supportive
359	359	3 documentation of qualifications before taking an examination
360	360	4 approved by the board. The board shall examine applicants at
361	361	5 least once every three months according to the method deemed
362	362	6 by it to be the most appropriate to test the qualifications of
363	363	7 applicants. Any national standardized or written examination
364	364	8 proctored by an independent third party which the board shall
365	365	9 approve as substantially similar to the examination required
366	366	10 to be licensed under this chapter may be administered to all
367	367	11 applicants in lieu of or in conjunction with any other
368	368	12 examination which the board shall give to test the
369	369	13 qualifications of applicants. The board shall also have the
370	370	14 right to may establish such norms of achievement as shall be
371	371	15 required for a passing grade. The board may, by rule, may
372	372	16 adopt the National Electrical Code for the purpose of
373	373	17 examinations.
374	374	18 "(b) The board may recognize a license issued by any
375	375	19 other state that, in the opinion of the board, has standards
376	376	20 of practice or licensure equal to or higher than those
377	377	21 required by this state. The board shall actively seek to
378	378	22 reciprocate with those states meeting such standards. The
379	379	23 board shall actively seek to maintain those states currently
380	380	24 under agreement.
381	381	25 "(c)(b) No license shall be issued except in
382	382	26 compliance with this chapter and none shall be issued except
383	383	27 to a person or a person in a firm, partnership, association,
384	384	Page 14 1 or corporation. A firm, partnership, association, or
385	385	2 corporation, as such, shall not be licensed. A licensee shall
386	386	3 be a citizen of the United States or, if not a citizen of the
387	387	4 United States, a person who is legally present in the United
388	388	5 States with appropriate documentation from the federal
389	389	6 government.
390	390	7 "(d) An individual who has successfully passed, on
391	391	8 or before January 1, 2010, with a minimum score of 70 percent,
392	392	9 or an individual who has successfully passed after January 1,
393	393	10 2010, with a minimum score of 75 percent, a nationally
394	394	11 standardized proctored electrical examination administered in
395	395	12 the State of Alabama, by Block and Associates, International
396	396	13 Code Council, Experior, Promissor, Thomson Prometric, PROV, or
397	397	14 any other exam approved by the board, shall be deemed to be in
398	398	15 compliance with the testing requirement set forth by the board
399	399	16 for licensure as an electrical contractor. Individuals meeting
400	400	17 this qualification shall also be required to complete all
401	401	18 other qualifications set forth by this chapter and the board
402	402	19 prior to issuance of an electrical contractor license.
403	403	20 Electrical contractor applicants affected by this provision
404	404	21 shall have until July 1, 2011, to apply for licensure without
405	405	22 any further examination requirements.
406	406	23 "(c) An individual holding a provisional license
407	407	24 issued by the board shall have three calendar years after the
408	408	25 effective date of the act adding this subsection to take and
409	409	26 pass a nationally standardized proctored electrical
410	410	27 examination approved by the board for licensure without any
411	411	Page 15 1 further examination requirements. If the provisional licensee
412	412	2 does not pass the examination within those three years, the
413	413	3 provisional license shall expire. A provisional license that
414	414	4 expires may not be renewed. The board shall waive the
415	415	5 examination fee one time during the three-year time period
416	416	6 provided by this subsection.
417	417	7 "§34-36-8.
418	418	8 "(a) All licenses shall expire annually or at other
419	419	9 times designated by the board. All applications for renewal of
420	420	10 licenses shall be filed with the director prior to the
421	421	11 expiration date, accompanied by the annual renewal fee
422	422	12 prescribed by the board.
423	423	13 "(b) The board is authorized to may establish or
424	424	14 adopt, or both, continuing education requirements and may
425	425	15 approve the program or programs providing education to fulfill
426	426	16 the requirements. The board shall set the minimum standards of
427	427	17 continuing education. All persons holding an electrical
428	428	18 contractor license shall be required to complete 14 hours of
429	429	19 continuing education every two years.
430	430	20 "(c) The board may promulgate adopt rules regarding
431	431	21 the approval of continuing education courses and the
432	432	22 accounting for continuing education hours.
433	433	23 "(d) Any person licensed by the board may elect an
434	434	24 inactive status certificate by notifying the board in writing.
435	435	25 The fee for the issuance and renewal of an inactive status
436	436	26 certificate shall be established by the board. The board shall
437	437	27 provide by rule those activities which an inactive status
438	438	Page 16 1 certificate holder may engage in and for a procedure for the
439	439	2 reinstatement as an active status certificate holder.
440	440	3 "§34-36-9.
441	441	4 "An expired A license for an electrical contractor
442	442	5 which has expired for failure to renew may only be restored
443	443	6 within five two years from the date of expiration after
444	444	7 application and payment of the prescribed restoration fee and
445	445	8 satisfaction of all continuing education requirements, if
446	446	9 applicable. The restoration fee shall be established by the
447	447	10 board and shall be due upon application for restoration. The
448	448	11 restoration fee shall be in addition to all accrued renewal
449	449	12 fees. Any license which has not been restored within five two
450	450	13 years following its expiration may not be renewed, restored,
451	451	14 or reissued thereafter. The holder of such a cancelled license
452	452	15 may apply for and obtain a valid license only upon compliance
453	453	16 with all relevant requirements as prescribed by this chapter
454	454	17 or by rule for issuance of a new license.
455	455	18 "§34-36-13.
456	456	19 "(a) No person shall engage in the electrical
457	457	20 contracting business or perform work as a master an electrical
458	458	21 contractor or journeyman electrician unless such person shall
459	459	22 have received a license from the board or from the county or
460	460	23 municipality where the electrical contracting work is being
461	461	24 performed; provided, however, the provisions of this chapter
462	462	25 shall not apply. The following activities, people, and
463	463	26 entities are exempted from regulation by or obtaining a
464	464	27 license from the board:
465	465	Page 17 1 "(1) To the installation, construction, or
466	466	2 maintenance of The activity of installing, constructing, or
467	467	3 maintaining power systems for the generation and secondary
468	468	4 distribution of electric current constructed under the
469	469	5 provisions of the National Electrical Safety Code which
470	470	6 regulates the safety requirements of utilities.
471	471	7 "(2) To the installation, construction, maintenance,
472	472	8 or repair of The activity of installing, constructing,
473	473	9 maintaining, or repairing telephone or signal systems by or
474	474	10 for public utilities or their corporate affiliates, when such
475	475	11 work pertains to the services furnished by such utilities.
476	476	12 "(3) To any Any technician employed by a municipal
477	477	13 franchised CATV system, when such work pertains to CATV.
478	478	14 "(4) To any master or journeyman electrician
479	479	15 employed by a state licensee of the board or a licensee of a
480	480	16 county or municipality where the contract work is being
481	481	17 performed Any electrical worker who is employed, either
482	482	18 directly or through a workforce staffing company, by a
483	483	19 statewide licensee of the board.
484	484	20 "(5) To the The owner of any premises or an employee
485	485	21 of any such owner electrical worker employed by the premises
486	486	22 owner when performing electrical work or installing,
487	487	23 constructing, maintaining, altering, or repairing electrical
488	488	24 wiring, equipment, or apparatus on such premises.
489	489	25 "(6) To an employee An employee of an electric
490	490	26 utility when installing or repairing electric appliances and
491	491	27 equipment for a customer.
492	492	Page 18 1 "(7) To any Any retail merchant, or its employees
493	493	2 making the installation of or the repair or maintenance on any
494	494	3 appliance that the merchant has sold; or to any modular or
495	495	4 manufacturer of the modular housing industry within the state
496	496	5 which is regulated by state and federal governments.
497	497	6 "(8) To the installation, construction, or
498	498	7 maintenance of The activity of installing, constructing, or
499	499	8 maintaining systems that operate on 25 volts or less.
500	500	9 "(9) To the installation, construction, or
501	501	10 maintenance of The activity of installing, constructing, or
502	502	11 maintaining direct broadcast satellite services.
503	503	12 "(10) The activity of an electrical worker when
504	504	13 properly responsible to a licensee of the board.
505	505	14 "(b)(1) No license shall be issued by the board
506	506	15 without an examination of the applicant for the purpose of
507	507	16 ascertaining his or her qualifications for such the work, but
508	508	17 no such. Reciprocal licensees are exempt from re-examination
509	509	18 by the board. No examination shall be required for the annual
510	510	19 renewal of such a license.
511	511	20 "(2) This section shall in no way prohibit the
512	512	21 governing authorities of each county and or municipality in
513	513	22 the State of Alabama state from exercising their authority to
514	514	23 require any person engaging in the electrical contracting
515	515	24 business or performing work as a master or journeyman
516	516	25 electrician to stand and attain a passing grade on an
517	517	26 examination administered by such county or municipality to
518	518	27 evidence their ability and proficiency to engage in the
519	519	Page 19 1 electrical contracting business or to perform work as a master
520	520	2 or journeyman electrician within their jurisdiction; provided,
521	521	3 however, that any person who holds a valid statewide license
522	522	4 issued by the board shall be deemed qualified and, upon
523	523	5 satisfactory proof of the license, shall be allowed to perform
524	524	6 forthwith electrical work in any county or municipality under
525	525	7 the terms and conditions set forth in this chapter, if such
526	526	8 person has the proper county or municipal building permit and
527	527	9 business license to purchase a local license or permit to
528	528	10 perform work within the jurisdiction of the county or
529	529	11 municipality.
530	530	12 "(c) All persons performing work under a license
531	531	13 issued by the board must abide by all state and local laws and
532	532	14 ordinances.
533	533	15 "§34-36-16.
534	534	16 "(a) Except as provided in Section 13A-9-111.1, it
535	535	17 shall be unlawful for any person to violate any provision of
536	536	18 this chapter regulating electrical contracting, and any person
537	537	19 convicted of such violation shall be punished as prescribed
538	538	20 for a Class A misdemeanor.
539	539	21 "(b) It shall be unlawful, except as otherwise
540	540	22 provided, on or after December 31, 2011, for a person not
541	541	23 licensed as an electrical contractor to solicit, represent,
542	542	24 seek to perform, or perform those tasks and functions that can
543	543	25 only be performed by a licensed electrical contractor in
544	544	26 accordance with this chapter.
545	545	Page 20 1 (c) Subsection (b) shall not apply to an electrical
546	546	2 contractor who has taken an examination offered by the board
547	547	3 within the preceding 12 months, who holds a license or permit
548	548	4 issued by a county or municipal government to perform the
549	549	5 tasks and functions that can only be performed by a licensed
550	550	6 electrical contractor, and who performs those tasks and
551	551	7 functions within the boundaries of the county or municipality
552	552	8 that issued the license or permit."
553	553	9 Section 2. Although this bill would have as its
554	554	10 purpose or effect the requirement of a new or increased
555	555	11 expenditure of local funds, the bill is excluded from further
556	556	12 requirements and application under Amendment 621 of the
557	557	13 Constitution of Alabama of 1901, now appearing as Section
558	558	14 111.05 of the Official Recompilation of the Constitution of
559	559	15 Alabama of 1901, as amended, because the bill defines a new
560	560	16 crime or amends the definition of an existing crime.
561	561	17 Section 3. This act shall become effective on the
562	562	18 first day of the third month following its passage and
563	563	19 approval by the Governor, or its otherwise becoming law.
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