Alabama 2023 Regular Session

Alabama House Bill HB302 Compare Versions

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

Old	New	Differences
1	1	HB302INTRODUCED
2	2	Page 0
3	3	P6QIRG-1
4	4	By Representative Butler
5	5	RFD: Boards, Agencies and Commissions
6	6	First Read: 13-Apr-23
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11	11	5 P6QIRG-1 04/05/2023 KMS (L)cr 2023-1387
12	12	Page 1
13	13	SYNOPSIS:
14	14	Under existing law, the Alabama Board of
15	15	Electrical Contractors is responsible for the licensing
16	16	and regulation of electrical contractors in the state.
17	17	This bill would provide for the definition of an
18	18	electrical worker and a provisional license, and would
19	19	delete references to master electrician.
20	20	This bill would provide further for the election
21	21	of board officers and for the duties of the board,
22	22	including the subpoena of witnesses, the investigation
23	23	of complaints, and providing for reciprocity.
24	24	This bill would provide an individual previously
25	25	issued a provisional license three years to take the
26	26	licensure examination, and would require the board to
27	27	waive the examination fee for one sitting.
28	28	This bill would lessen the time frame during
29	29	which an expired license may be restored from five
30	30	years to two years after expiration.
31	31	This bill would also provide further for
32	32	exemptions and would remove the authority of a county
33	33	or municipality to require an additional electrical
34	34	contracting proficiency examination before issuing a
35	35	local license to perform electrical work within the
36	36	county or municipality.
37	37	Section 111.05 of the Constitution of Alabama of
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67	67	2022, prohibits a general law whose purpose or effect
68	68	would be to require a new or increased expenditure of
69	69	local funds from becoming effective with regard to a
70	70	local governmental entity without enactment by a 2/3
71	71	vote unless: it comes within one of a number of
72	72	specified exceptions; it is approved by the affected
73	73	entity; or the Legislature appropriates funds, or
74	74	provides a local source of revenue, to the entity for
75	75	the purpose.
76	76	The purpose or effect of this bill would be to
77	77	require a new or increased expenditure of local funds
78	78	within the meaning of the amendment. However, the bill
79	79	does not require approval of a local governmental
80	80	entity or enactment by a 2/3 vote to become effective
81	81	because it comes within one of the specified exceptions
82	82	contained in the amendment.
83	83	A BILL
84	84	TO BE ENTITLED
85	85	AN ACT
86	86	Relating to the Alabama Board of Electrical
87	87	Contractors; to amend Sections 34-36-3, 34-36-4, 34-36-6,
88	88	34-36-7, 34-36-8, 34-36-9, 34-36-13, and 34-36-16, Code of
89	89	Alabama 1975; to provide further for definitions, to delete
90	90	references to master electrician; to provide further for the
91	91	election of board officers; to provide further for the duties
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121	121	of the board, including the subpoena of witnesses, the
122	122	investigation of complaints, and providing for reciprocity; to
123	123	provide an individual previously issued a provisional license
124	124	three years to take the licensure examination, and require the
125	125	board to waive the examination fee for one sitting; to lessen
126	126	the time frame for restoring an expired license from five
127	127	years to two years; to provide further for exemptions; to
128	128	remove the authority of a county or municipality to require an
129	129	additional electrical contracting proficiency examination
130	130	before issuing a local license to work within the county or
131	131	municipality; and in connection therewith would have as its
132	132	purpose or effect the requirement of a new or increased
133	133	expenditure of local funds within the meaning of Section
134	134	111.05 of the Constitution of Alabama of 2022.
135	135	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
136	136	Section 1. Sections 34-36-3, 34-36-4, 34-36-6, 34-36-7,
137	137	34-36-8, 34-36-9, 34-36-13, and 34-36-16 of the Code of
138	138	Alabama 1975, are amended to read as follows:
139	139	"§34-36-3
140	140	(a) The following terms shall have the meanings
141	141	respectively ascribed to them used in this chapter, for the
142	142	purposes of this chapter, unless the context clearly requires
143	143	a different meaning:
144	144	(1) BOARD. The Alabama Board of Electrical Contractors.
145	145	(2) DIRECTOR. The Executive Director of the Alabama
146	146	Board of Electrical Contractors.
147	147	(3) ELECTRICAL CONTRACTING. Any job or project in the
148	148	State of Alabama wherein the electrical contractor proposes to
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178	178	bid, install, maintain, alter, or repair any electric wiring
179	179	devices or equipment.
180	180	(4) ELECTRICAL CONTRACTOR. Any person, firm, or
181	181	corporation who is engaged in the business of soliciting and
182	182	installing electrical power or control systems; maintaining,
183	183	altering, or repairing electrical power or control systems,
184	184	any electrical wiring devices, equipment, or any other
185	185	electrical apparatus. A person who possesses the necessary
186	186	qualifications, training, and technical knowledge to plan, lay
187	187	out, and supervise the installation of electrical wiring,
188	188	apparatus, or equipment for lighting, heating, power, or
189	189	controls and who possesses any of the following
190	190	qualifications:
191	191	a. Four years of practical experience as a journeyman
192	192	electrician in charge of jobs.
193	193	b. Four years of experience in the design and
194	194	construction of electrical systems.
195	195	(5) ELECTRICAL WORKER. Any person who has received
196	196	training, or is receiving training, in the installation,
197	197	maintenance, and repair of electrical systems and circuitry
198	198	and has demonstrated skills and knowledge concerning the
199	199	potential hazards of electricity. The position of electrical
200	200	worker does not require a license from the board. An
201	201	electrical worker may only perform electrical work in this
202	202	state if he or she is any of the following:
203	203	a. Employed by, and responsible to, a properly licensed
204	204	electrical contractor.
205	205	b. Employed by a company that employs a properly
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235	235	licensed electrical contractor and the electrical worker is
236	236	responsible to that licensed electrical contractor.
237	237	c. Employed by a workforce staffing company that
238	238	contracts to provide workers to a licensed electrical
239	239	contractor and responsible to a licensed electrical
240	240	contractor.
241	241	(5)(6) JOURNEYMAN ELECTRICIAN. A person who possesses
242	242	necessary qualifications, training, and technical knowledge to
243	243	install electrical wiring, apparatus, or equipment lighting,
244	244	heating, or power or control covered by this chapter. He or
245	245	she shall work under a master or state certified an electrical
246	246	contractor and shall be capable of doing work according to
247	247	plans and specifications furnished to him or her and in
248	248	accordance with standard rules and regulations governing such
249	249	work.
250	250	(6)(7) LICENSE. A valid and current certificate of
251	251	registration issued by the director on behalf of the board
252	252	which shall give the named person to whom it is issued
253	253	authority to engage in the activity prescribed thereon.
254	254	(7)(8) LICENSEE. Any person holding a license issued by
255	255	the board.
256	256	(8)(9) PERSON. A human person, not a legal entity.
257	257	(10) PROVISIONAL LICENSE. A person who holds a limited
258	258	license issued by the board before August 31, 2012, to perform
259	259	electrical contracting tasks and functions only within the
260	260	boundaries and jurisdiction of the local authority where the
261	261	licensee holds a local electrical contractor license.
262	262	(b) Additional terms may be defined by the board, by
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292	292	rule."
293	293	"§34-36-4
294	294	(a) The Alabama Board of Electrical Contractors is
295	295	created.
296	296	(b) A person to be eligible for appointment to serve on
297	297	the board shall be a citizen and resident of Alabama. Each
298	298	person appointed to the board from each congressional district
299	299	shall be actively engaged in the electrical construction
300	300	contracting business as a qualified person with electrical
301	301	construction background of not less than five consecutive
302	302	years, and shall hold certificates to validate his or her
303	303	competence as an electrical contractor in the electrical
304	304	construction field immediately preceding appointment . The two
305	305	persons appointed to the board as at-large members shall be
306	306	members of the Alabama State Electrical Workers Association.
307	307	The membership of the board should be inclusive and should
308	308	reflect the racial, gender, geographic, urban/rural Governor
309	309	shall coordinate his or her appointments to assure the board
310	310	membership is inclusive and reflects the racial, gender,
311	311	geographic, urban, rural , and economic diversity of the state.
312	312	(c) The board shall consist of nine members to be
313	313	appointed by the Governor. One member shall be appointed from
314	314	each congressional district, and there shall be two at-large
315	315	members who shall be appointed from within the state. The
316	316	board members from the First, Second, and Third Congressional
317	317	Districts shall be appointed for terms of one year; the board
318	318	members from the Fourth, Fifth, and Sixth Congressional
319	319	Districts shall be appointed for terms of two years; and the
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349	349	board member from the Seventh Congressional District as well
350	350	as the at-large members shall be appointed for terms of three
351	351	years. Thereafter, all board members shall be appointed for
352	352	terms of three years. Each term shall expire on June 30 of the
353	353	last year of the term, and no member shall serve more than two
354	354	consecutive three-year terms. Vacancies on the board for any
355	355	cause shall be filled by appointment by the Governor for the
356	356	remainder of the unexpired term. Members shall serve until
357	357	their successors are appointed.
358	358	(d) The board shall meet at least semiannually and as
359	359	often as necessary. The board shall meet annually to elect
360	360	officers from its membership , whose initial terms shall expire
361	361	on June 30 next following their election . To be eligible for
362	362	election as an officer, a board member shall have served for
363	363	at least two years on the board at the time of election .
364	364	Special meetings of the board may be held as the board
365	365	provides in its rules and regulations . The board shall meet at
366	366	least once in the first quarter and once in the third quarter
367	367	of the year. Five members of the board shall constitute a
368	368	quorum.
369	369	(e) The board may adopt rules and regulations to carry
370	370	out this chapter.
371	371	(f) Any member of the board or duly appointed hearing
372	372	officer designated by the board may administer oaths and take
373	373	testimony concerning all matters within the jurisdiction of
374	374	the board.
375	375	(g) The board may sue and be sued in its official name.
376	376	Absent negligence, wantonness, recklessness, or deliberate
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406	406	misconduct, members of the board are immune from liability for
407	407	all good faith acts performed in the execution of their duties
408	408	of the board.
409	409	(h) The board shall adopt a seal for its use containing
410	410	the words: Alabama Board of Electrical Contractors' Licensing
411	411	Board Contractors.
412	412	(i) The board may employ, and at its pleasure
413	413	discharge, an executive director. The board may hire other
414	414	officers, attorneys, and administrative employees which may be
415	415	necessary to implement this chapter. The board may employ, on
416	416	an as needed basis, an investigator investigators to
417	417	investigate complaints. The board shall not employ electrical
418	418	inspectors nor provide for any electrical inspections. The
419	419	board shall outline the duties and fix the compensation and
420	420	expense allowances of all employees pursuant to the Merit
421	421	System Act of Alabama.
422	422	(j) The board is subject to the Alabama Sunset Law and
423	423	is classified as an enumerated agency pursuant to Section
424	424	41-20-3. The board shall automatically terminate on October 1,
425	425	2012, and every four years thereafter, unless a bill is
426	426	enacted that the board be continued, modified, or
427	427	reestablished.
428	428	(k) Each board member shall be accountable to the
429	429	Governor for the proper performance of his or her duties as a
430	430	member of the board. The Governor shall investigate any
431	431	complaints or unfavorable reports concerning the actions of
432	432	the board and shall take appropriate action thereon, including
433	433	removal of any board member for misfeasance, malfeasance,
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463	463	neglect of duty, commission of a felony, incompetence, or
464	464	permanent inability to perform official duties. A board member
465	465	may be removed at the request of the board after failing to
466	466	attend three consecutive properly noticed meetings."
467	467	"§34-36-6
468	468	(a) By rule, the board shall make provisions to do all
469	469	of the following:
470	470	(1) Prepare or approve all examinations of applicants
471	471	for licenses for electrical contractors and journeyman
472	472	electricians.
473	473	(2) Determine the qualifications of electrical
474	474	contractors to engage in the business of electrical
475	475	contracting.
476	476	(3) Determine the qualifications of journeyman
477	477	electricians to engage in electrical work.
478	478	(4) Provide for the investigation of written complaints
479	479	filed with the board concerning alleged violations of this
480	480	chapter and any rules adopted by the board.
481	481	(5) Conduct investigations. The board may subpoena
482	482	witnesses and command the production of any books, documents,
483	483	records, and papers the board deems pertinent to any matter
484	484	under investigation. The board, by order of the chair or
485	485	executive director, may require any person to produce within
486	486	the state, at a reasonable time and place as the board may
487	487	designate, any books, documents, records, or papers kept in
488	488	any office or place without or within this state, or certified
489	489	copies thereof, whenever the production is reasonably required
490	490	and pertinent to any matter under investigation before or by
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520	520	the board, in order that an examination may be made by the
521	521	board, or by any person employed by the board.
522	522	(6) Investigate written complaints relating to faulty,
523	523	inefficient, unlicensed, or unsafe electrical work likely to
524	524	endanger life, health, or property.
525	525	(7) Provide for reciprocity with other states in the
526	526	registration and licensing of electrical contractors and
527	527	journeyman electricians, provided that those other states have
528	528	requirements substantially equal to or greater than the
529	529	requirements of this state for registration and licensure and
530	530	that a similar privilege is offered to licensees of this
531	531	board.
532	532	(b) The board may suspend, revoke, or refuse to issue
533	533	or renew a license and impose a civil penalty in an amount not
534	534	to exceed five thousand dollars ($5,000), after notice and
535	535	opportunity for a hearing pursuant to the Alabama
536	536	Administrative Procedure Act, upon proof of any of the
537	537	following actions by a licensee or applicant:
538	538	(1) Violating any provision of this chapter.
539	539	(2) Attempting to procure a license to practice
540	540	electrical contracting or to work as a master electrician an
541	541	electrical contractor or journeyman electrician by bribery or
542	542	fraudulent misrepresentations.
543	543	(3) Being convicted or found guilty, regardless of
544	544	adjudication, of a crime in any jurisdiction which directly
545	545	relates to the practice of electrical contracting , working as
546	546	a journeyman electrician, or the ability to practice
547	547	electrical contracting or to work as a master electrician or
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577	577	journeyman electrician .
578	578	(4) Making or filing a report or record which the
579	579	licensee knows to be false, willfully failing to file a report
580	580	or record required by state or federal law, willfully impeding
581	581	or obstructing such filing, or inducing another person to
582	582	impede or obstruct such filing. Such reports or records shall
583	583	include only those which are signed in the capacity of a
584	584	licensed electrical contractor , master electrician, or
585	585	journeyman electrician.
586	586	(5) Being found guilty of fraud or deceit or of
587	587	negligence, incompetency, or misconduct in the practice of
588	588	electrical contracting or working as a master electrician an
589	589	electrical contractor or journeyman electrician.
590	590	(6) Practicing on with a revoked, suspended, or
591	591	inactive license.
592	592	(7) Aiding or abetting any person to evade any
593	593	provision of this chapter.
594	594	(8) Knowingly combining or conspiring with any person
595	595	by allowing one's license to be used by any unlicensed person
596	596	with the intent to evade this chapter. When a licensee allows
597	597	his or her license to be used by any firm, partnership,
598	598	association, or corporation without having any active
599	599	participation in the operations or management of the firm,
600	600	partnership, association, or corporation, such the act
601	601	constitutes prima facie evidence of an intent to evade this
602	602	chapter.
603	603	(9) Acting in the capacity of a contractor under any
604	604	license issued under this chapter except in the name of the
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634	634	licensee as set forth on the issued license.
635	635	(10) Failing to sufficiently and consistently oversee
636	636	and be responsible for the electrical work purportedly
637	637	performed by an electrical worker or a journeyman electrician
638	638	under the oversight of an electrical contractor or his or her
639	639	affiliated company, in order to ensure that all electrical
640	640	work is compliant with the applicable code or codes and the
641	641	health, safety, and welfare of the public.
642	642	(c) Upon finding a person, corporation, or business
643	643	entity engaged in electrical contracting as defined in this
644	644	chapter to be in violation of any of the provisions contained
645	645	herein within this chapter , the board may investigate the
646	646	activities of licensed and unlicensed contractors. If the
647	647	board finds that a person, corporation, or business entity is
648	648	engaged in performing electrical contracting covered by this
649	649	chapter without having obtained a proper license, the board
650	650	may do any of the following:
651	651	(1) Deny an application for licensure with cause.
652	652	(2) Impose an administrative fine of not more than five
653	653	thousand dollars ($5,000).
654	654	(3) Issue a cease and desist order.
655	655	(4) Petition the circuit court of the county where the
656	656	act occurred to enforce the cease and desist order or collect
657	657	the assessed fine, or both.
658	658	(d) Any person aggrieved by any adverse action taken by
659	659	the board may appeal the adverse action to the circuit court
660	660	of the county in which the adverse action occurred in
661	661	accordance with the Alabama Administrative Procedure Act.
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691	691	(e) In addition to the administrative fines authorized
692	692	in subsections (b) and (c), the board may require any person
693	693	or licensee who is found to be in violation of Section 34-36-2
694	694	or subsection (b) or (c), after notice and opportunity for a
695	695	hearing pursuant to the Alabama Administrative Procedure Act,
696	696	to pay the costs, fees, and expenses of the board incurred in
697	697	connection with any related proceedings before the board.
698	698	Payment of any costs, fees, and expenses ordered by the board
699	699	shall be made and enforced in the same manner as an
700	700	administrative fine. For the purposes of this subsection,
701	701	costs shall include, but not be limited to, all of the
702	702	following:
703	703	(1) Investigative fees and expenses.
704	704	(2) Reasonable and necessary attorney fees and
705	705	expenses.
706	706	(3) Actual costs related to expert testimony.
707	707	(4) Witness travel expenses.
708	708	(5) Deposition costs.
709	709	(6) Travel expenses for board staff.
710	710	(7) Charges incurred for obtaining documentary
711	711	evidence.
712	712	(8) Other categories of expenses incurred by the board.
713	713	(f) The board, by rule, may provide a schedule of costs
714	714	or fines, or both, that may be imposed upon any person or
715	715	licensee who has violated Section 34-36-2 or subsection (b) or
716	716	(c). The maximum costs or fines levied for each violation may
717	717	not exceed five thousand dollars ($5,000) each. "
718	718	"§34-36-7
719	719	337
720	720	338
721	721	339
722	722	340
723	723	341
724	724	342
725	725	343
726	726	344
727	727	345
728	728	346
729	729	347
730	730	348
731	731	349
732	732	350
733	733	351
734	734	352
735	735	353
736	736	354
737	737	355
738	738	356
739	739	357
740	740	358
741	741	359
742	742	360
743	743	361
744	744	362
745	745	363
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748	748	(a) All applicants for licensure must shall submit a
749	749	completed application, application fee, and supportive
750	750	documentation of qualifications before taking an examination
751	751	approved by the board. The board shall examine applicants at
752	752	least once every three months according to the method deemed
753	753	by it to be the most appropriate to test the qualifications of
754	754	applicants. Any national standardized or written examination
755	755	proctored by an independent third party which the board shall
756	756	approve as substantially similar to the examination required
757	757	to be licensed under this chapter may be administered to all
758	758	applicants in lieu of or in conjunction with any other
759	759	examination which the board shall give to test the
760	760	qualifications of applicants. The board shall also have the
761	761	right to may establish such norms of achievement as shall be
762	762	required for a passing grade. The board may, by rule, may
763	763	adopt the National Electrical Code for the purpose of
764	764	examinations.
765	765	(b) The board may recognize a license issued by any
766	766	other state that, in the opinion of the board, has standards
767	767	of practice or licensure equal to or higher than those
768	768	required by this state. The board shall actively seek to
769	769	reciprocate with those states meeting such standards. The
770	770	board shall actively seek to maintain those states currently
771	771	under agreement.
772	772	(c)(b) No license shall be issued except in compliance
773	773	with this chapter and none shall be issued except to a person
774	774	or a person in a firm, partnership, association, or
775	775	corporation. A firm, partnership, association, or corporation,
776	776	365
777	777	366
778	778	367
779	779	368
780	780	369
781	781	370
782	782	371
783	783	372
784	784	373
785	785	374
786	786	375
787	787	376
788	788	377
789	789	378
790	790	379
791	791	380
792	792	381
793	793	382
794	794	383
795	795	384
796	796	385
797	797	386
798	798	387
799	799	388
800	800	389
801	801	390
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804	804	Page 15
805	805	as such, shall not be licensed. A licensee shall be a citizen
806	806	of the United States or, if not a citizen of the United
807	807	States, a person who is legally present in the United States
808	808	with appropriate documentation from the federal government.
809	809	(d) An individual who has successfully passed, on or
810	810	before January 1, 2010, with a minimum score of 70 percent, or
811	811	an individual who has successfully passed after January 1,
812	812	2010, with a minimum score of 75 percent, a nationally
813	813	standardized proctored electrical examination administered in
814	814	the State of Alabama, by Block and Associates, International
815	815	Code Council, Experior, Promissor, Thomson Prometric, PROV, or
816	816	any other exam approved by the board, shall be deemed to be in
817	817	compliance with the testing requirement set forth by the board
818	818	for licensure as an electrical contractor. Individuals meeting
819	819	this qualification shall also be required to complete all
820	820	other qualifications set forth by this chapter and the board
821	821	prior to issuance of an electrical contractor license.
822	822	Electrical contractor applicants affected by this provision
823	823	shall have until July 1, 2011, to apply for licensure without
824	824	any further examination requirements.
825	825	(c) An individual holding a provisional license issued
826	826	by the board shall have three calendar years after the
827	827	effective date of the act adding this subsection to take and
828	828	pass a nationally standardized proctored electrical
829	829	examination approved by the board for licensure without any
830	830	further examination requirements. If the provisional licensee
831	831	does not pass the examination within those three years, the
832	832	provisional license shall expire. A provisional license that
833	833	393
834	834	394
835	835	395
836	836	396
837	837	397
838	838	398
839	839	399
840	840	400
841	841	401
842	842	402
843	843	403
844	844	404
845	845	405
846	846	406
847	847	407
848	848	408
849	849	409
850	850	410
851	851	411
852	852	412
853	853	413
854	854	414
855	855	415
856	856	416
857	857	417
858	858	418
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862	862	expires may not be renewed. The board shall waive the
863	863	examination fee one time during the three-year time period
864	864	provided by this subsection. "
865	865	"§34-36-8
866	866	(a) All licenses shall expire annually or at other
867	867	times designated by the board. All applications for renewal of
868	868	licenses shall be filed with the executive director prior to
869	869	the expiration date, accompanied by the annual renewal fee
870	870	prescribed by the board.
871	871	(b) The board is authorized to may establish or adopt,
872	872	or both, continuing education requirements and may approve the
873	873	program or programs providing education to fulfill the
874	874	requirements. The board shall set the minimum standards of
875	875	continuing education. All persons holding an electrical
876	876	contractor license shall be required to complete 14 hours of
877	877	continuing education every two years.
878	878	(c) The board may promulgate adopt rules regarding the
879	879	approval of continuing education courses and the accounting
880	880	for continuing education hours.
881	881	(d) Any person licensed by the board may elect an
882	882	inactive status certificate by notifying the board in writing.
883	883	The fee for the issuance and renewal of an inactive status
884	884	certificate shall be established by the board. The board shall
885	885	provide by rule those activities which an inactive status
886	886	certificate holder may engage in and for a procedure for the
887	887	reinstatement as an active status certificate holder."
888	888	"§34-36-9
889	889	An expired A license for an electrical contractor which
890	890	421
891	891	422
892	892	423
893	893	424
894	894	425
895	895	426
896	896	427
897	897	428
898	898	429
899	899	430
900	900	431
901	901	432
902	902	433
903	903	434
904	904	435
905	905	436
906	906	437
907	907	438
908	908	439
909	909	440
910	910	441
911	911	442
912	912	443
913	913	444
914	914	445
915	915	446
916	916	447
917	917	448 HB302 INTRODUCEDHB302 INTRODUCED
918	918	Page 17
919	919	has expired for failure to renew may only be restored within
920	920	five two years from the date of expiration after application
921	921	and payment of the prescribed restoration fee and satisfaction
922	922	of all continuing education requirements , if applicable. The
923	923	restoration fee shall be established by the board and shall be
924	924	due upon application for restoration. The restoration fee
925	925	shall be in addition to all accrued renewal fees. Any license
926	926	which has not been restored within five two years following
927	927	its expiration may not be renewed, restored, or reissued
928	928	thereafter. The holder of such a cancelled license may apply
929	929	for and obtain a valid license only upon compliance with all
930	930	relevant requirements as prescribed by this chapter or by rule
931	931	for issuance of a new license."
932	932	"§34-36-13
933	933	(a) No person shall engage in the electrical
934	934	contracting business or perform work as a master an electrical
935	935	contractor or journeyman electrician unless such the person
936	936	shall have received a license from the board or from the
937	937	county or municipality where the electrical contracting work
938	938	is being performed; provided, however, the provisions of this
939	939	chapter shall not apply . The following activities, people, and
940	940	entities are exempt from regulation by obtaining a license
941	941	from the board:
942	942	(1) To the installation, construction, or maintenance
943	943	of The activity of installing, constructing, or maintaining
944	944	power systems for the generation and secondary distribution of
945	945	electric current constructed under the provisions of the
946	946	National Electrical Safety Code which regulates the safety
947	947	449
948	948	450
949	949	451
950	950	452
951	951	453
952	952	454
953	953	455
954	954	456
955	955	457
956	956	458
957	957	459
958	958	460
959	959	461
960	960	462
961	961	463
962	962	464
963	963	465
964	964	466
965	965	467
966	966	468
967	967	469
968	968	470
969	969	471
970	970	472
971	971	473
972	972	474
973	973	475
974	974	476 HB302 INTRODUCEDHB302 INTRODUCED
975	975	Page 18
976	976	requirements of utilities.
977	977	(2) To the installation, construction, maintenance, or
978	978	repair of The activity of installing, constructing,
979	979	maintaining, or repairing telephone or signal systems by or
980	980	for public utilities or their corporate affiliates, when such
981	981	work pertains to the services furnished by such utilities.
982	982	(3) To any Any technician employed by a municipal
983	983	franchised CATV system , when the work pertains to CATV .
984	984	(4) To any master or journeyman electrician employed by
985	985	a state licensee of the board or a licensee of a county or
986	986	municipality where the contract work is being performed Any
987	987	electrical worker who is employed, either directly or through
988	988	a workforce staffing company, by a statewide licensee of the
989	989	board.
990	990	(5) To the The owner of any premises or an employee of
991	991	any such owner electrical worker employed by the premises
992	992	owner when performing electrical work or installing,
993	993	constructing, maintaining, altering, or repairing electrical
994	994	wiring, equipment, or apparatus on such premises.
995	995	(6) To an An employee of an electric utility when
996	996	installing or repairing electric appliances and equipment for
997	997	a customer.
998	998	(7) To any Any retail merchant, or its employees making
999	999	the installation of or the repair or maintenance on any
1000	1000	appliance that the merchant has sold; or to any modular or
1001	1001	manufacturer of the modular housing industry within the state
1002	1002	which is regulated by state and federal governments.
1003	1003	(8) To the installation, construction, or maintenance
1004	1004	477
1005	1005	478
1006	1006	479
1007	1007	480
1008	1008	481
1009	1009	482
1010	1010	483
1011	1011	484
1012	1012	485
1013	1013	486
1014	1014	487
1015	1015	488
1016	1016	489
1017	1017	490
1018	1018	491
1019	1019	492
1020	1020	493
1021	1021	494
1022	1022	495
1023	1023	496
1024	1024	497
1025	1025	498
1026	1026	499
1027	1027	500
1028	1028	501
1029	1029	502
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1033	1033	ofThe activity of installing, constructing, or maintaining
1034	1034	systems that operate on 25 volts or less.
1035	1035	(9) To the installation, construction, or maintenance
1036	1036	of The activity of installing, constructing, or maintaining
1037	1037	direct broadcast satellite services.
1038	1038	(10) The activity of an electrical worker when properly
1039	1039	responsible to a licensee of the board.
1040	1040	(b)(1) No license shall be issued by the board without
1041	1041	an examination of the applicant for the purpose of
1042	1042	ascertaining his or her qualifications for such the work, but
1043	1043	no such. Reciprocal licensees are exempt from reexamination by
1044	1044	the board. No examination shall be required for the annual
1045	1045	renewal of such a license.
1046	1046	(2) This section shall in no way prohibit the governing
1047	1047	authorities of each county and or municipality in the State of
1048	1048	Alabama state from exercising their authority to require any
1049	1049	person engaging in the electrical contracting business or
1050	1050	performing work as a master or journeyman electrician to stand
1051	1051	and attain a passing grade on an examination administered by
1052	1052	such county or municipality to evidence their ability and
1053	1053	proficiency to engage in the electrical contracting business
1054	1054	or to perform work as a master or journeyman electrician
1055	1055	within their jurisdiction; provided, however, that any person
1056	1056	who holds a valid statewide license issued by the board shall
1057	1057	be deemed qualified and, upon satisfactory proof of the
1058	1058	license, shall be allowed to perform forthwith electrical work
1059	1059	in any county or municipality under the terms and conditions
1060	1060	set forth in this chapter, if such person has the proper
1061	1061	505
1062	1062	506
1063	1063	507
1064	1064	508
1065	1065	509
1066	1066	510
1067	1067	511
1068	1068	512
1069	1069	513
1070	1070	514
1071	1071	515
1072	1072	516
1073	1073	517
1074	1074	518
1075	1075	519
1076	1076	520
1077	1077	521
1078	1078	522
1079	1079	523
1080	1080	524
1081	1081	525
1082	1082	526
1083	1083	527
1084	1084	528
1085	1085	529
1086	1086	530
1087	1087	531
1088	1088	532 HB302 INTRODUCEDHB302 INTRODUCED
1089	1089	Page 20
1090	1090	county or municipal building permit and business license to
1091	1091	purchase a local license or permit to perform work within the
1092	1092	jurisdiction of the county or municipality .
1093	1093	(c) All persons performing work under a license issued
1094	1094	by the board must abide by all state and local laws and
1095	1095	ordinances."
1096	1096	"§34-36-16
1097	1097	(a) Except as provided in Section 13A-9-111.1, it shall
1098	1098	be unlawful for any person to violate any provision of this
1099	1099	chapter regulating electrical contracting, and any person
1100	1100	convicted of such violation shall be punished as prescribed
1101	1101	for a Class A misdemeanor.
1102	1102	(b) It shall be unlawful, except as otherwise provided,
1103	1103	on or after December 31, 2011, for a person not licensed as an
1104	1104	electrical contractor to solicit, represent, seek to perform,
1105	1105	or perform those tasks and functions that can only be
1106	1106	performed by a licensed electrical contractor in accordance
1107	1107	with this chapter.
1108	1108	(c) Subsection (b) shall not apply to an electrical
1109	1109	contractor who has taken an examination offered by the board
1110	1110	within the preceding 12 months, who holds a license or permit
1111	1111	issued by a county or municipal government to perform the
1112	1112	tasks and functions that can only be performed by a licensed
1113	1113	electrical contractor, and who performs those tasks and
1114	1114	functions within the boundaries of the county or municipality
1115	1115	that issued the license or permit. "
1116	1116	Section 2. Although this bill would have as its purpose
1117	1117	or effect the requirement of a new or increased expenditure of
1118	1118	533
1119	1119	534
1120	1120	535
1121	1121	536
1122	1122	537
1123	1123	538
1124	1124	539
1125	1125	540
1126	1126	541
1127	1127	542
1128	1128	543
1129	1129	544
1130	1130	545
1131	1131	546
1132	1132	547
1133	1133	548
1134	1134	549
1135	1135	550
1136	1136	551
1137	1137	552
1138	1138	553
1139	1139	554
1140	1140	555
1141	1141	556
1142	1142	557
1143	1143	558
1144	1144	559
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1147	1147	local funds, the bill is excluded from further requirements
1148	1148	and application under Section 111.05 of the Constitution of
1149	1149	Alabama of 2022, because the bill defines a new crime or
1150	1150	amends the definition of an existing crime.
1151	1151	Section 3. This act shall become effective on the first
1152	1152	day of the third month following its passage and approval by
1153	1153	the Governor, or its otherwise becoming law.
1154	1154	561
1155	1155	562
1156	1156	563
1157	1157	564
1158	1158	565
1159	1159	566
1160	1160	567