Maryland 2022 Regular Session

Maryland House Bill HB1285 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 655
21
3-– 1 –
4-Chapter 655
5-(House Bill 1285)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1285*
810
9-Maryland Electricians Act – Revisions
11+HOUSE BILL 1285
12+C3 (2lr2007)
13+ENROLLED BILL
14+— Economic Matters/Education, Health, and Environmental Affairs —
15+Introduced by Delegate Hornberger
1016
11-FOR the purpose of requiring that the State Board of Electricians credit an applicant’s work
12-as part of certain apprenticeships for the experience required for certain electrician
13-licenses; requiring the State Board to waive the examination requirements for
14-certain applicants for a journeyperson electrician license; adjusting the number of
15-years an applicant for journeyperson electrician must work under a certain
16-circumstance; requiring that applicants for certain local permits have a State license
17-to provide electrical services; providing for the delayed issuance of an electrical
18-permit; providing that certain proof is sufficient to establish that certain applicants
19-have insurance coverage; requiring the Maryland Department of Labor to examine
20-certain memoranda of understanding; requiring the Department to attempt to
21-renegotiate certain memoranda of understanding in certain circumstances; requiring
22-the Department to report to the Governor and the General Assembly on certain
23-memoranda of understanding; and generally relating to the licensure of electricians
24-in the State.
17+Read and Examined by Proofreaders:
2518
26-BY repealing and reenacting, with amendments,
27- Article – Business Occupations and Professions
28-Section 6–304, 6–307.1, and 6–603, and 6–604
29- Annotated Code of Maryland
30- (2018 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3123
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3425
35-Article – Business Occupations and Professions
26+_______ day of _______________ at ________________________ o’clock, ________M.
3627
37-6–304.
28+______________________________________________
29+Speaker.
3830
39- (a) To qualify for a State license, an applicant shall meet the requirements of this
40-section.
31+CHAPTER ______
4132
42- (b) (1) Subject to paragraph (2) of this subsection, an applicant for a master
43-electrician license shall have been engaged or employed regularly and principally in
44-providing electrical services for all types of electrical equipment and apparatuses for at
45-least 7 years while under the direction and supervision of:
33+AN ACT concerning 1
4634
47- (i) a master electrician; or
35+Maryland Electricians Act – Revisions 2
4836
49- (ii) a similarly qualified employee of a governmental unit. Ch. 655 2022 LAWS OF MARYLAND
37+FOR the purpose of requiring that the State Board of Electricians credit an applicant’s work 3
38+as part of certain apprenticeships for the experience required for certain electrician 4
39+licenses; requiring the State Board to waive the examination requirements for 5
40+certain applicants for a journeyperson electrician license; adjusting the number of 6
41+years an applicant for journeyperson electrician must work under a certain 7
42+circumstance; requiring that applicants for certain local permits have a State license 8
43+to provide electrical services; providing for the delayed issuance of an electrical 9
44+permit; providing that certain proof is sufficient to establish that certain applicants 10
45+have insurance coverage; requiring the Maryland Department of Labor to examine 11
46+certain memoranda of understanding; requiring the Department to attempt to 12
47+renegotiate certain memoranda of understanding in certain circumstances; requiring 13
48+the Department to report to the Governor and the General Assembly on certain 14 2 HOUSE BILL 1285
5049
51-– 2 –
5250
53- (2) (I) The State Board may allow an applicant up to 3 years of credit
54-toward the experience required under paragraph (1) of this subsection, if the State Board
55-determines that the applicant has completed a formal course of study or professional
56-training in electrical installation comparable to the required experience.
51+memoranda of understanding; and generally relating to the licensure of electricians 1
52+in the State. 2
5753
58- (II) THE STATE BOARD SHALL CREDIT TO WARD THE
59-EXPERIENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION A N
60-APPLICANT’S WORK AS PART OF A SUCCESSFULLY COMPLET ED ELECTRICIAN
61-APPRENTICESHIP PROGR AM APPROVED BY THE MARYLAND APPRENTICESHIP AND
62-TRAINING COUNCIL OR THE FEDERA L OFFICE OF APPRENTICESHIP .
54+BY repealing and reenacting, with amendments, 3
55+ Article – Business Occupations and Professions 4
56+Section 6–304, 6–307.1, and 6–603, and 6–604 5
57+ Annotated Code of Maryland 6
58+ (2018 Replacement Volume and 2021 Supplement) 7
6359
64- (c) (1) [An] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN
65-applicant for a journeyperson electrician license shall have been engaged or employed
66-regularly and principally in providing electrical services for all types of electrical equipment
67-and apparatuses for at least 4 years while under the direction and supervision of:
60+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61+That the Laws of Maryland read as follows: 9
6862
69- [(1)] (I) a master electrician; or
63+Article – Business Occupations and Professions 10
7064
71- [(2)] (II) an employee of a governmental unit who is similarly qualified as
72-a master electrician licensed under this title.
65+6–304. 11
7366
74- (2) THE STATE BOARD SHALL CREDIT TO WARD THE EXPERIENCE
75-REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION A N APPLICANT’S WORK AS
76-PART OF A SUCCESS FULLY COMPLETED ELEC TRICIAN APPRENTICESH IP PROGRAM
77-APPROVED BY THE MARYLAND APPRENTICESHIP AND TRAINING COUNCIL OR THE
78-FEDERAL OFFICE OF APPRENTICESHIP .
67+ (a) To qualify for a State license, an applicant shall meet the requirements of this 12
68+section. 13
7969
80- (d) Except as otherwise provided in this subtitle, the applicant shall pass an
81-examination given by the State Board under this subtitle.
70+ (b) (1) Subject to paragraph (2) of this subsection, an applicant for a master 14
71+electrician license shall have been engaged or employed regularly and principally in 15
72+providing electrical services for all types of electrical equipment and apparatuses for at 16
73+least 7 years while under the direction and supervision of: 17
8274
83- (e) The State Board may investigate the qualifications of each applicant to
84-determine whether the applicant meets the requirements of this section.
75+ (i) a master electrician; or 18
8576
86-6–307.1.
77+ (ii) a similarly qualified employee of a governmental unit. 19
8778
88- The State Board shall waive the experience AND EXAMINATION requirements for
89-an applicant for a journeyperson electrician license if the applicant:
79+ (2) (I) The State Board may allow an applicant up to 3 years of credit 20
80+toward the experience required under paragraph (1) of this subsection, if the State Board 21
81+determines that the applicant has completed a formal course of study or professional 22
82+training in electrical installation comparable to the required experience. 23
9083
91- (1) (i) provides written proof of [3] 4 years of work experience providing
92-electrical services under the control and direction of a master electrician; and
84+ (II) THE STATE BOARD SHALL CREDIT TO WARD THE 24
85+EXPERIENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION A N 25
86+APPLICANT’S WORK AS PART OF A SUCCESSFULLY COMPLET ED ELECTRICIAN 26
87+APPRENTICESHIP PROGR AM APPROVED BY THE MARYLAND APPRENTICESHIP AND 27
88+TRAINING COUNCIL OR THE FEDERA L OFFICE OF APPRENTICESHIP . 28
9389
94- (ii) submits an application for a license to the State Board on or
95-before December 31, 2022; or
96- LAWRENCE J. HOGAN, JR., Governor Ch. 655
90+ (c) (1) [An] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 29
91+applicant for a journeyperson electrician license shall have been engaged or employed 30
92+regularly and principally in providing electrical services for all types of electrical equipment 31
93+and apparatuses for at least 4 years while under the direction and supervision of: 32
9794
98-– 3 –
99- (2) provides written proof that the applicant has successfully completed an
100-electrician apprenticeship program approved by the Maryland Apprenticeship and
101-Training Council or the federal Office of Apprenticeship that consists of:
95+ [(1)] (I) a master electrician; or 33
96+ HOUSE BILL 1285 3
10297
103- (i) at least 576 classroom hours; and
10498
105- (ii) 8,000 hours of work experience.
99+ [(2)] (II) an employee of a governmental unit who is similarly qualified as 1
100+a master electrician licensed under this title. 2
106101
107-6–603.
102+ (2) THE STATE BOARD SHALL CREDIT TO WARD THE EXPERIENCE 3
103+REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION A N APPLICANT’S WORK AS 4
104+PART OF A SUCCESSFUL LY COMPLETED ELECTRI CIAN APPRENTICESHIP PROGRAM 5
105+APPROVED BY THE MARYLAND APPRENTICESHIP AND TRAINING COUNCIL OR THE 6
106+FEDERAL OFFICE OF APPRENTICESHIP . 7
108107
109- (a) An electrician may obtain an electrical permit or any other similar permit
110-from a local jurisdiction, if the electrician:
108+ (d) Except as otherwise provided in this subtitle, the applicant shall pass an 8
109+examination given by the State Board under this subtitle. 9
111110
112- (1) (I) HOLDS A STATE LICENSE; AND
111+ (e) The State Board may investigate the qualifications of each applicant to 10
112+determine whether the applicant meets the requirements of this section. 11
113113
114- (II) is actively registered locally, if required, or holds a State license;
114+6–307.1. 12
115115
116- (2) shows proof of the State license; and
116+ The State Board shall waive the experience AND EXAMINATION requirements for 13
117+an applicant for a journeyperson electrician license if the applicant: 14
117118
118- (3) pays any permit fee that the local jurisdiction requires; AND
119+ (1) (i) provides written proof of [3] 4 years of work experience providing 15
120+electrical services under the control and direction of a master electrician; and 16
119121
120- (4) PROVIDES PROOF OF IN SURANCE IN COMPLIANC E WITH THE
121-REQUIREMENTS OF § 6–604 OF THIS SUBTITLE .
122+ (ii) submits an application for a license to the State Board on or 17
123+before December 31, 2022; or 18
122124
123- (b) Before a local jurisdiction issues an electrical permit or similar permit to an
124-electrician under this section, the local jurisdiction shall give the electrician notice of any
125-local electrical requirements with which the electrician shall comply while providing
126-electrical services in that local jurisdiction.
125+ (2) provides written proof that the applicant has successfully completed an 19
126+electrician apprenticeship program approved by the Maryland Apprenticeship and 20
127+Training Council or the federal Office of Apprenticeship that consists of: 21
127128
128- (c) (1) [On] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
129-SUBSECTION, ON payment of the permit fee that the local jurisdiction requires, the local
130-jurisdiction shall issue the appropriate permit to each applicant who meets the
131-requirements of this section.
129+ (i) at least 576 classroom hours; and 22
132130
133- (2) IF A A LOCAL JURISDICTION REQUIRES MAY DELAY THE ISSUANCE
134-OF AN ADDITIONAL ELECTRICAL PERMIT, INCLUDING A BUILDING PERMIT, IN
135-CONJUNCTION WITH AN ELECTRICAL PERMIT FO R A PARTICULAR JOB , THE LOCAL
136-JURISDICTION MAY DELAY THE ISSUANCE O F THE ELECTRICAL PER MIT UNTIL THE
137-ADDITIONAL PERMIT HAS BEEN ISSUED UNDER THIS SUBSECTI ON IF, FOR A
138-PARTICULAR JOB , THE LOCAL JURISDICTI ON REQUIRES THE ISSU ANCE OF OTHER
139-PERMITS, INCLUDING A BUILDING PERMIT, BEFORE ISSUANCE OF T HE ELECTRICAL
140-PERMIT.
131+ (ii) 8,000 hours of work experience. 23
141132
142-6–604.
143- Ch. 655 2022 LAWS OF MARYLAND
133+6–603. 24
144134
145-– 4 –
146- (a) This section does not apply to a State licensee on inactive status.
135+ (a) An electrician may obtain an electrical permit or any other similar permit 25
136+from a local jurisdiction, if the electrician: 26
147137
148- (b) A master electrician who is licensed by the State Board and provides electrical
149-services or a person to whom a master electrician licensed by the State Board assigns a
150-local registration under this title shall:
138+ (1) (I) HOLDS A STATE LICENSE; AND 27
151139
152- (1) maintain general liability insurance in the amount of at least $300,000;
140+ (II) is actively registered locally, if required, or holds a State license; 28
153141
154- (2) maintain property damage insurance in the amount of at least
155-$100,000; and
142+ (2) shows proof of the State license; and 29
156143
157- (3) submit proof of the required insurance to the State Board.
144+ (3) pays any permit fee that the local jurisdiction requires; AND 30 4 HOUSE BILL 1285
158145
159- (c) (1) (I) An applicant for a State license shall submit proof of the
160-insurance required under this section to the State Board with the license application.
161146
162- (II) AN APPLICANT FOR A JO URNEYPERSON ELECTRIC IAN
163-LICENSE MAY SATISFY THE REQUIREMENT UNDE R SUBPARAGRAPH (I) OF THIS
164-PARAGRAPH BY SUBMITT ING PROOF THAT THE A PPLICANT IS WORKING OR PLANS
165-TO WORK FOR A MASTER ELECTRICIAN WHO HAS FILED PROOF OF INSUR ANCE IN
166-ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION.
167147
168- (2) The State Board may not issue a State license to an applicant to whom
169-the insurance requirements of this section would apply unless the applicant submits proof
170-of the insurance.
148+ (4) PROVIDES PROOF OF IN SURANCE IN COMPLIANC E WITH THE 1
149+REQUIREMENTS OF § 6–604 OF THIS SUBTITLE . 2
171150
172- (d) Unless an applicant meets the insurance requirements of this section, the
173-State Board may not renew a State license of the applicant to whom the insurance
174-requirements of this section would apply.
151+ (b) Before a local jurisdiction issues an electrical permit or similar permit to an 3
152+electrician under this section, the local jurisdiction shall give the electrician notice of any 4
153+local electrical requirements with which the electrician shall comply while providing 5
154+electrical services in that local jurisdiction. 6
175155
176- (e) If the insurance required under this section is canceled, the insurer shall
177-notify the State Board within 10 days after the date of cancellation.
156+ (c) (1) [On] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
157+SUBSECTION, ON payment of the permit fee that the local jurisdiction requires, the local 8
158+jurisdiction shall issue the appropriate permit to each applicant who meets the 9
159+requirements of this section. 10
178160
179- (f) If a local jurisdiction requires an applicant for a local license to execute a bond
180-to the local jurisdiction, the applicant may satisfy the bond requirement by submitting proof
181-of the insurance required under this section.
161+ (2) IF A A LOCAL JURISDICTION REQUIRES MAY DELAY THE ISSUANCE 11
162+OF AN ADDITIONAL ELECTRICAL PERMIT, INCLUDING A BUILDING PERMIT, IN 12
163+CONJUNCTION WITH AN ELECTRICAL PERMIT FO R A PARTICULAR JOB , THE LOCAL 13
164+JURISDICTION MAY DELAY THE ISSUANCE O F THE ELECTRICAL PER MIT UNTIL THE 14
165+ADDITIONAL PERMIT HAS BEEN ISSUED UNDER THIS SUBSECTI ON IF, FOR A 15
166+PARTICULAR JOB , THE LOCAL JURISDICTI ON REQUIRES THE ISSU ANCE OF OTHER 16
167+PERMITS, INCLUDING A BUILDING PERMIT, BEFORE ISSUANCE OF T HE ELECTRICAL 17
168+PERMIT. 18
182169
183- SECTION 2. AND BE IT FURTHER ENACTED, That:
170+6–604. 19
184171
185- (a) The Maryland Department of Labor shall review each memorandum of
186-understanding that the State has entered into with another state or territory guaranteeing
187-a reciprocal recognition of electrician licenses to determine whether all licenses issued to
188-master electricians under Title 6 of the Business Occupations and Professions Article is
189-covered by the terms of the memorandum of understanding.
190- LAWRENCE J. HOGAN, JR., Governor Ch. 655
172+ (a) This section does not apply to a State licensee on inactive status. 20
191173
192-– 5 –
193- (b) If the Maryland Department of Labor determines that the terms of a
194-memorandum of understanding do not cover a master electrician who is licensed in
195-accordance with Title 6 of the Business Occupations and Professions Article, the
196-Department shall seek to renegotiate the terms of the memorandum of understanding to
197-include licenses for those master electricians who are not covered.
174+ (b) A master electrician who is licensed by the State Board and provides electrical 21
175+services or a person to whom a master electrician licensed by the State Board assigns a 22
176+local registration under this title shall: 23
198177
199- (c) On or before January 1, 2023, the Maryland Department of Labor shall report
200-to the Governor and, in accordance with § 2–1257 of the State Government Article, the
201-General Assembly on:
178+ (1) maintain general liability insurance in the amount of at least $300,000; 24
202179
203- (1) any outstanding memoranda of understanding with other states or
204-territories guaranteeing a reciprocal recognition of electrician licenses that:
180+ (2) maintain property damage insurance in the amount of at least 25
181+$100,000; and 26
205182
206- (i) do not recognize master electricians authorized for licensure
207-under Title 6 of the Business Occupations and Professions Article; and
183+ (3) submit proof of the required insurance to the State Board. 27
208184
209- (ii) that the Department was unable to renegotiate; and
185+ (c) (1) (I) An applicant for a State license shall submit proof of the 28
186+insurance required under this section to the State Board with the license application. 29
210187
211- (2) actions needed in order to guarantee that a license issued to a master
212-electrician in accordance with Title 6 of the Business Occupations and Professions Article
213-can be brought under the terms of a memorandum of understanding identified in item (1)
214-of this subsection, including:
188+ (II) AN APPLICANT FOR A JO URNEYPERSON ELECTRIC IAN 30
189+LICENSE MAY SATISFY THE REQUIREMENT UNDE R SUBPARAGRAPH (I) OF THIS 31
190+PARAGRAPH BY SUBMITT ING PROOF THAT THE A PPLICANT IS W ORKING OR PLANS 32 HOUSE BILL 1285 5
215191
216- (i) any necessary legislation; and
217192
218- (ii) any necessary appropriation of funds.
193+TO WORK FOR A MASTER ELECTRICIAN WHO HAS FILED PROOF OF INSUR ANCE IN 1
194+ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION. 2
219195
220- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
221-July 1, 2022.
196+ (2) The State Board may not issue a State license to an applicant to whom 3
197+the insurance requirements of this section would apply unless the applicant submits proof 4
198+of the insurance. 5
222199
223-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
200+ (d) Unless an applicant meets the insurance requirements of this section, the 6
201+State Board may not renew a State license of the applicant to whom the insurance 7
202+requirements of this section would apply. 8
203+
204+ (e) If the insurance required under this section is canceled, the insurer shall 9
205+notify the State Board within 10 days after the date of cancellation. 10
206+
207+ (f) If a local jurisdiction requires an applicant for a local license to execute a bond 11
208+to the local jurisdiction, the applicant may satisfy the bond requirement by submitting proof 12
209+of the insurance required under this section. 13
210+
211+ SECTION 2. AND BE IT FURTHER ENACTED, That: 14
212+
213+ (a) The Maryland Department of Labor shall review each memorandum of 15
214+understanding that the State has entered into with another state or territory guaranteeing 16
215+a reciprocal recognition of electrician licenses to determine whether all licenses issued to 17
216+master electricians under Title 6 of the Business Occupations and Professions Article is 18
217+covered by the terms of the memorandum of understanding. 19
218+
219+ (b) If the Maryland Department of Labor determines that the terms of a 20
220+memorandum of understanding do not cover a master electrician who is licensed in 21
221+accordance with Title 6 of the Business Occupations and Professions Article, the 22
222+Department shall seek to renegotiate the terms of the memorandum of understanding to 23
223+include licenses for those master electricians who are not covered. 24
224+
225+ (c) On or before January 1, 2023, the Maryland Department of Labor shall report 25
226+to the Governor and, in accordance with § 2–1257 of the State Government Article, the 26
227+General Assembly on: 27
228+
229+ (1) any outstanding memoranda of understanding with other states or 28
230+territories guaranteeing a reciprocal recognition of electrician licenses that: 29
231+
232+ (i) do not recognize master electricians authorized for licensure 30
233+under Title 6 of the Business Occupations and Professions Article; and 31
234+
235+ (ii) that the Department was unable to renegotiate; and 32
236+
237+ (2) actions needed in order to guarantee that a license issued to a master 33
238+electrician in accordance with Title 6 of the Business Occupations and Professions Article 34 6 HOUSE BILL 1285
239+
240+
241+can be brought under the terms of a memorandum of understanding identified in item (1) 1
242+of this subsection, including: 2
243+
244+ (i) any necessary legislation; and 3
245+
246+ (ii) any necessary appropriation of funds. 4
247+
248+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
249+July 1, 2022. 6
250+
251+
252+
253+
254+
255+Approved:
256+________________________________________________________________________________
257+ Governor.
258+________________________________________________________________________________
259+ Speaker of the House of Delegates.
260+________________________________________________________________________________
261+ President of the Senate.