HB302INTRODUCED
Page 0
P6QIRG-1
By Representative Butler
RFD: Boards, Agencies and Commissions
First Read: 13-Apr-23
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5 P6QIRG-1 04/05/2023 KMS (L)cr 2023-1387
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SYNOPSIS:
Under existing law, the Alabama Board of
Electrical Contractors is responsible for the licensing
and regulation of electrical contractors in the state.
This bill would provide for the definition of an
electrical worker and a provisional license, and would
delete references to master electrician.
This bill would provide further for the election
of board officers and for the duties of the board,
including the subpoena of witnesses, the investigation
of complaints, and providing for reciprocity.
This bill would provide an individual previously
issued a provisional license three years to take the
licensure examination, and would require the board to
waive the examination fee for one sitting.
This bill would lessen the time frame during
which an expired license may be restored from five
years to two years after expiration.
This bill would also provide further for
exemptions and would remove the authority of a county
or municipality to require an additional electrical
contracting proficiency examination before issuing a
local license to perform electrical work within the
county or municipality.
Section 111.05 of the Constitution of Alabama of
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2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Electrical
Contractors; to amend Sections 34-36-3, 34-36-4, 34-36-6,
34-36-7, 34-36-8, 34-36-9, 34-36-13, and 34-36-16, Code of
Alabama 1975; to provide further for definitions, to delete
references to master electrician; to provide further for the
election of board officers; to provide further for the duties
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of the board, including the subpoena of witnesses, the
investigation of complaints, and providing for reciprocity; to
provide an individual previously issued a provisional license
three years to take the licensure examination, and require the
board to waive the examination fee for one sitting; to lessen
the time frame for restoring an expired license from five
years to two years; to provide further for exemptions; to
remove the authority of a county or municipality to require an
additional electrical contracting proficiency examination
before issuing a local license to work within the county or
municipality; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-36-3, 34-36-4, 34-36-6, 34-36-7,
34-36-8, 34-36-9, 34-36-13, and 34-36-16 of the Code of
Alabama 1975, are amended to read as follows:
"§34-36-3
(a) The following terms shall have the meanings
respectively ascribed to them used in this chapter, for the
purposes of this chapter, unless the context clearly requires
a different meaning:
(1) BOARD. The Alabama Board of Electrical Contractors.
(2) DIRECTOR. The Executive Director of the Alabama
Board of Electrical Contractors.
(3) ELECTRICAL CONTRACTING. Any job or project in the
State of Alabama wherein the electrical contractor proposes to
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bid, install, maintain, alter, or repair any electric wiring
devices or equipment.
(4) ELECTRICAL CONTRACTOR. Any person, firm, or
corporation who is engaged in the business of soliciting and
installing electrical power or control systems; maintaining,
altering, or repairing electrical power or control systems,
any electrical wiring devices, equipment, or any other
electrical apparatus. A person who possesses the necessary
qualifications, training, and technical knowledge to plan, lay
out, and supervise the installation of electrical wiring,
apparatus, or equipment for lighting, heating, power, or
controls and who possesses any of the following
qualifications:
a. Four years of practical experience as a journeyman
electrician in charge of jobs.
b. Four years of experience in the design and
construction of electrical systems.
(5) ELECTRICAL WORKER. Any person who has received
training, or is receiving training, in the installation,
maintenance, and repair of electrical systems and circuitry
and has demonstrated skills and knowledge concerning the
potential hazards of electricity. The position of electrical
worker does not require a license from the board. An
electrical worker may only perform electrical work in this
state if he or she is any of the following:
a. Employed by, and responsible to, a properly licensed
electrical contractor.
b. Employed by a company that employs a properly
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licensed electrical contractor and the electrical worker is
responsible to that licensed electrical contractor.
c. Employed by a workforce staffing company that
contracts to provide workers to a licensed electrical
contractor and responsible to a licensed electrical
contractor.
(5)(6) JOURNEYMAN ELECTRICIAN. A person who possesses
necessary qualifications, training, and technical knowledge to
install electrical wiring, apparatus, or equipment lighting,
heating, or power or control covered by this chapter. He or
she shall work under a master or state certified an electrical
contractor and shall be capable of doing work according to
plans and specifications furnished to him or her and in
accordance with standard rules and regulations governing such
work.
(6)(7) LICENSE. A valid and current certificate of
registration issued by the director on behalf of the board
which shall give the named person to whom it is issued
authority to engage in the activity prescribed thereon.
(7)(8) LICENSEE. Any person holding a license issued by
the board.
(8)(9) PERSON. A human person, not a legal entity.
(10) PROVISIONAL LICENSE. A person who holds a limited
license issued by the board before August 31, 2012, to perform
electrical contracting tasks and functions only within the
boundaries and jurisdiction of the local authority where the
licensee holds a local electrical contractor license.
(b) Additional terms may be defined by the board, by
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rule."
"§34-36-4
(a) The Alabama Board of Electrical Contractors is
created.
(b) A person to be eligible for appointment to serve on
the board shall be a citizen and resident of Alabama. Each
person appointed to the board from each congressional district
shall be actively engaged in the electrical construction
contracting business as a qualified person with electrical
construction background of not less than five consecutive
years, and shall hold certificates to validate his or her
competence as an electrical contractor in the electrical
construction field immediately preceding appointment . The two
persons appointed to the board as at-large members shall be
members of the Alabama State Electrical Workers Association.
The membership of the board should be inclusive and should
reflect the racial, gender, geographic, urban/rural Governor
shall coordinate his or her appointments to assure the board
membership is inclusive and reflects the racial, gender,
geographic, urban, rural , and economic diversity of the state.
(c) The board shall consist of nine members to be
appointed by the Governor. One member shall be appointed from
each congressional district, and there shall be two at-large
members who shall be appointed from within the state. The
board members from the First, Second, and Third Congressional
Districts shall be appointed for terms of one year; the board
members from the Fourth, Fifth, and Sixth Congressional
Districts shall be appointed for terms of two years; and the
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board member from the Seventh Congressional District as well
as the at-large members shall be appointed for terms of three
years. Thereafter, all board members shall be appointed for
terms of three years. Each term shall expire on June 30 of the
last year of the term, and no member shall serve more than two
consecutive three-year terms. Vacancies on the board for any
cause shall be filled by appointment by the Governor for the
remainder of the unexpired term. Members shall serve until
their successors are appointed.
(d) The board shall meet at least semiannually and as
often as necessary. The board shall meet annually to elect
officers from its membership , whose initial terms shall expire
on June 30 next following their election . To be eligible for
election as an officer, a board member shall have served for
at least two years on the board at the time of election .
Special meetings of the board may be held as the board
provides in its rules and regulations . The board shall meet at
least once in the first quarter and once in the third quarter
of the year. Five members of the board shall constitute a
quorum.
(e) The board may adopt rules and regulations to carry
out this chapter.
(f) Any member of the board or duly appointed hearing
officer designated by the board may administer oaths and take
testimony concerning all matters within the jurisdiction of
the board.
(g) The board may sue and be sued in its official name.
Absent negligence, wantonness, recklessness, or deliberate
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misconduct, members of the board are immune from liability for
all good faith acts performed in the execution of their duties
of the board.
(h) The board shall adopt a seal for its use containing
the words: Alabama Board of Electrical Contractors' Licensing
Board Contractors.
(i) The board may employ, and at its pleasure
discharge, an executive director. The board may hire other
officers, attorneys, and administrative employees which may be
necessary to implement this chapter. The board may employ, on
an as needed basis, an investigator investigators to
investigate complaints. The board shall not employ electrical
inspectors nor provide for any electrical inspections. The
board shall outline the duties and fix the compensation and
expense allowances of all employees pursuant to the Merit
System Act of Alabama.
(j) The board is subject to the Alabama Sunset Law and
is classified as an enumerated agency pursuant to Section
41-20-3. The board shall automatically terminate on October 1,
2012, and every four years thereafter, unless a bill is
enacted that the board be continued, modified, or
reestablished.
(k) Each board member shall be accountable to the
Governor for the proper performance of his or her duties as a
member of the board. The Governor shall investigate any
complaints or unfavorable reports concerning the actions of
the board and shall take appropriate action thereon, including
removal of any board member for misfeasance, malfeasance,
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neglect of duty, commission of a felony, incompetence, or
permanent inability to perform official duties. A board member
may be removed at the request of the board after failing to
attend three consecutive properly noticed meetings."
"§34-36-6
(a) By rule, the board shall make provisions to do all
of the following:
(1) Prepare or approve all examinations of applicants
for licenses for electrical contractors and journeyman
electricians.
(2) Determine the qualifications of electrical
contractors to engage in the business of electrical
contracting.
(3) Determine the qualifications of journeyman
electricians to engage in electrical work.
(4) Provide for the investigation of written complaints
filed with the board concerning alleged violations of this
chapter and any rules adopted by the board.
(5) Conduct investigations. The board may subpoena
witnesses and command the production of any books, documents,
records, and papers the board deems pertinent to any matter
under investigation. The board, by order of the chair or
executive director, may require any person to produce within
the state, at a reasonable time and place as the board may
designate, any books, documents, records, or papers kept in
any office or place without or within this state, or certified
copies thereof, whenever the production is reasonably required
and pertinent to any matter under investigation before or by
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the board, in order that an examination may be made by the
board, or by any person employed by the board.
(6) Investigate written complaints relating to faulty,
inefficient, unlicensed, or unsafe electrical work likely to
endanger life, health, or property.
(7) Provide for reciprocity with other states in the
registration and licensing of electrical contractors and
journeyman electricians, provided that those other states have
requirements substantially equal to or greater than the
requirements of this state for registration and licensure and
that a similar privilege is offered to licensees of this
board.
(b) The board may suspend, revoke, or refuse to issue
or renew a license and impose a civil penalty in an amount not
to exceed five thousand dollars ($5,000), after notice and
opportunity for a hearing pursuant to the Alabama
Administrative Procedure Act, upon proof of any of the
following actions by a licensee or applicant:
(1) Violating any provision of this chapter.
(2) Attempting to procure a license to practice
electrical contracting or to work as a master electrician an
electrical contractor or journeyman electrician by bribery or
fraudulent misrepresentations.
(3) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which directly
relates to the practice of electrical contracting , working as
a journeyman electrician, or the ability to practice
electrical contracting or to work as a master electrician or
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journeyman electrician .
(4) Making or filing a report or record which the
licensee knows to be false, willfully failing to file a report
or record required by state or federal law, willfully impeding
or obstructing such filing, or inducing another person to
impede or obstruct such filing. Such reports or records shall
include only those which are signed in the capacity of a
licensed electrical contractor , master electrician, or
journeyman electrician.
(5) Being found guilty of fraud or deceit or of
negligence, incompetency, or misconduct in the practice of
electrical contracting or working as a master electrician an
electrical contractor or journeyman electrician.
(6) Practicing on with a revoked, suspended, or
inactive license.
(7) Aiding or abetting any person to evade any
provision of this chapter.
(8) Knowingly combining or conspiring with any person
by allowing one's license to be used by any unlicensed person
with the intent to evade this chapter. When a licensee allows
his or her license to be used by any firm, partnership,
association, or corporation without having any active
participation in the operations or management of the firm,
partnership, association, or corporation, such the act
constitutes prima facie evidence of an intent to evade this
chapter.
(9) Acting in the capacity of a contractor under any
license issued under this chapter except in the name of the
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licensee as set forth on the issued license.
(10) Failing to sufficiently and consistently oversee
and be responsible for the electrical work purportedly
performed by an electrical worker or a journeyman electrician
under the oversight of an electrical contractor or his or her
affiliated company, in order to ensure that all electrical
work is compliant with the applicable code or codes and the
health, safety, and welfare of the public.
(c) Upon finding a person, corporation, or business
entity engaged in electrical contracting as defined in this
chapter to be in violation of any of the provisions contained
herein within this chapter , the board may investigate the
activities of licensed and unlicensed contractors. If the
board finds that a person, corporation, or business entity is
engaged in performing electrical contracting covered by this
chapter without having obtained a proper license, the board
may do any of the following:
(1) Deny an application for licensure with cause.
(2) Impose an administrative fine of not more than five
thousand dollars ($5,000).
(3) Issue a cease and desist order.
(4) Petition the circuit court of the county where the
act occurred to enforce the cease and desist order or collect
the assessed fine, or both.
(d) Any person aggrieved by any adverse action taken by
the board may appeal the adverse action to the circuit court
of the county in which the adverse action occurred in
accordance with the Alabama Administrative Procedure Act.
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(e) In addition to the administrative fines authorized
in subsections (b) and (c), the board may require any person
or licensee who is found to be in violation of Section 34-36-2
or subsection (b) or (c), after notice and opportunity for a
hearing pursuant to the Alabama Administrative Procedure Act,
to pay the costs, fees, and expenses of the board incurred in
connection with any related proceedings before the board.
Payment of any costs, fees, and expenses ordered by the board
shall be made and enforced in the same manner as an
administrative fine. For the purposes of this subsection,
costs shall include, but not be limited to, all of the
following:
(1) Investigative fees and expenses.
(2) Reasonable and necessary attorney fees and
expenses.
(3) Actual costs related to expert testimony.
(4) Witness travel expenses.
(5) Deposition costs.
(6) Travel expenses for board staff.
(7) Charges incurred for obtaining documentary
evidence.
(8) Other categories of expenses incurred by the board.
(f) The board, by rule, may provide a schedule of costs
or fines, or both, that may be imposed upon any person or
licensee who has violated Section 34-36-2 or subsection (b) or
(c). The maximum costs or fines levied for each violation may
not exceed five thousand dollars ($5,000) each. "
"§34-36-7
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(a) All applicants for licensure must shall submit a
completed application, application fee, and supportive
documentation of qualifications before taking an examination
approved by the board. The board shall examine applicants at
least once every three months according to the method deemed
by it to be the most appropriate to test the qualifications of
applicants. Any national standardized or written examination
proctored by an independent third party which the board shall
approve as substantially similar to the examination required
to be licensed under this chapter may be administered to all
applicants in lieu of or in conjunction with any other
examination which the board shall give to test the
qualifications of applicants. The board shall also have the
right to may establish such norms of achievement as shall be
required for a passing grade. The board may, by rule, may
adopt the National Electrical Code for the purpose of
examinations.
(b) The board may recognize a license issued by any
other state that, in the opinion of the board, has standards
of practice or licensure equal to or higher than those
required by this state. The board shall actively seek to
reciprocate with those states meeting such standards. The
board shall actively seek to maintain those states currently
under agreement.
(c)(b) No license shall be issued except in compliance
with this chapter and none shall be issued except to a person
or a person in a firm, partnership, association, or
corporation. A firm, partnership, association, or corporation,
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as such, shall not be licensed. A licensee shall be a citizen
of the United States or, if not a citizen of the United
States, a person who is legally present in the United States
with appropriate documentation from the federal government.
(d) An individual who has successfully passed, on or
before January 1, 2010, with a minimum score of 70 percent, or
an individual who has successfully passed after January 1,
2010, with a minimum score of 75 percent, a nationally
standardized proctored electrical examination administered in
the State of Alabama, by Block and Associates, International
Code Council, Experior, Promissor, Thomson Prometric, PROV, or
any other exam approved by the board, shall be deemed to be in
compliance with the testing requirement set forth by the board
for licensure as an electrical contractor. Individuals meeting
this qualification shall also be required to complete all
other qualifications set forth by this chapter and the board
prior to issuance of an electrical contractor license.
Electrical contractor applicants affected by this provision
shall have until July 1, 2011, to apply for licensure without
any further examination requirements.
(c) An individual holding a provisional license issued
by the board shall have three calendar years after the
effective date of the act adding this subsection to take and
pass a nationally standardized proctored electrical
examination approved by the board for licensure without any
further examination requirements. If the provisional licensee
does not pass the examination within those three years, the
provisional license shall expire. A provisional license that
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expires may not be renewed. The board shall waive the
examination fee one time during the three-year time period
provided by this subsection. "
"§34-36-8
(a) All licenses shall expire annually or at other
times designated by the board. All applications for renewal of
licenses shall be filed with the executive director prior to
the expiration date, accompanied by the annual renewal fee
prescribed by the board.
(b) The board is authorized to may establish or adopt,
or both, continuing education requirements and may approve the
program or programs providing education to fulfill the
requirements. The board shall set the minimum standards of
continuing education. All persons holding an electrical
contractor license shall be required to complete 14 hours of
continuing education every two years.
(c) The board may promulgate adopt rules regarding the
approval of continuing education courses and the accounting
for continuing education hours.
(d) Any person licensed by the board may elect an
inactive status certificate by notifying the board in writing.
The fee for the issuance and renewal of an inactive status
certificate shall be established by the board. The board shall
provide by rule those activities which an inactive status
certificate holder may engage in and for a procedure for the
reinstatement as an active status certificate holder."
"§34-36-9
An expired A license for an electrical contractor which
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has expired for failure to renew may only be restored within
five two years from the date of expiration after application
and payment of the prescribed restoration fee and satisfaction
of all continuing education requirements , if applicable. The
restoration fee shall be established by the board and shall be
due upon application for restoration. The restoration fee
shall be in addition to all accrued renewal fees. Any license
which has not been restored within five two years following
its expiration may not be renewed, restored, or reissued
thereafter. The holder of such a cancelled license may apply
for and obtain a valid license only upon compliance with all
relevant requirements as prescribed by this chapter or by rule
for issuance of a new license."
"§34-36-13
(a) No person shall engage in the electrical
contracting business or perform work as a master an electrical
contractor or journeyman electrician unless such the person
shall have received a license from the board or from the
county or municipality where the electrical contracting work
is being performed; provided, however, the provisions of this
chapter shall not apply . The following activities, people, and
entities are exempt from regulation by obtaining a license
from the board:
(1) To the installation, construction, or maintenance
of The activity of installing, constructing, or maintaining
power systems for the generation and secondary distribution of
electric current constructed under the provisions of the
National Electrical Safety Code which regulates the safety
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requirements of utilities.
(2) To the installation, construction, maintenance, or
repair of The activity of installing, constructing,
maintaining, or repairing telephone or signal systems by or
for public utilities or their corporate affiliates, when such
work pertains to the services furnished by such utilities.
(3) To any Any technician employed by a municipal
franchised CATV system , when the work pertains to CATV .
(4) To any master or journeyman electrician employed by
a state licensee of the board or a licensee of a county or
municipality where the contract work is being performed Any
electrical worker who is employed, either directly or through
a workforce staffing company, by a statewide licensee of the
board.
(5) To the The owner of any premises or an employee of
any such owner electrical worker employed by the premises
owner when performing electrical work or installing,
constructing, maintaining, altering, or repairing electrical
wiring, equipment, or apparatus on such premises.
(6) To an An employee of an electric utility when
installing or repairing electric appliances and equipment for
a customer.
(7) To any Any retail merchant, or its employees making
the installation of or the repair or maintenance on any
appliance that the merchant has sold; or to any modular or
manufacturer of the modular housing industry within the state
which is regulated by state and federal governments.
(8) To the installation, construction, or maintenance
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ofThe activity of installing, constructing, or maintaining
systems that operate on 25 volts or less.
(9) To the installation, construction, or maintenance
of The activity of installing, constructing, or maintaining
direct broadcast satellite services.
(10) The activity of an electrical worker when properly
responsible to a licensee of the board.
(b)(1) No license shall be issued by the board without
an examination of the applicant for the purpose of
ascertaining his or her qualifications for such the work, but
no such. Reciprocal licensees are exempt from reexamination by
the board. No examination shall be required for the annual
renewal of such a license.
(2) This section shall in no way prohibit the governing
authorities of each county and or municipality in the State of
Alabama state from exercising their authority to require any
person engaging in the electrical contracting business or
performing work as a master or journeyman electrician to stand
and attain a passing grade on an examination administered by
such county or municipality to evidence their ability and
proficiency to engage in the electrical contracting business
or to perform work as a master or journeyman electrician
within their jurisdiction; provided, however, that any person
who holds a valid statewide license issued by the board shall
be deemed qualified and, upon satisfactory proof of the
license, shall be allowed to perform forthwith electrical work
in any county or municipality under the terms and conditions
set forth in this chapter, if such person has the proper
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county or municipal building permit and business license to
purchase a local license or permit to perform work within the
jurisdiction of the county or municipality .
(c) All persons performing work under a license issued
by the board must abide by all state and local laws and
ordinances."
"§34-36-16
(a) Except as provided in Section 13A-9-111.1, it shall
be unlawful for any person to violate any provision of this
chapter regulating electrical contracting, and any person
convicted of such violation shall be punished as prescribed
for a Class A misdemeanor.
(b) It shall be unlawful, except as otherwise provided,
on or after December 31, 2011, for a person not licensed as an
electrical contractor to solicit, represent, seek to perform,
or perform those tasks and functions that can only be
performed by a licensed electrical contractor in accordance
with this chapter.
(c) Subsection (b) shall not apply to an electrical
contractor who has taken an examination offered by the board
within the preceding 12 months, who holds a license or permit
issued by a county or municipal government to perform the
tasks and functions that can only be performed by a licensed
electrical contractor, and who performs those tasks and
functions within the boundaries of the county or municipality
that issued the license or permit. "
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
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local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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