EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0149* HOUSE BILL 149 C3 EMERGENCY BILL 3lr1383 CF SB 44 By: Delegate Hornberger Introduced and read first time: January 16, 2023 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Maryland Electricians Act – Revisions 2 FOR the purpose of altering the entity that must administer or approve an apprenticeship 3 program for electricians; substituting the term “uninsured” for the term “inactive” in 4 certain provisions of law relating to liability insurance requirements for certain 5 electricians; prohibiting a certain electrician from contracting to provide electrical 6 services unless the electrical work is covered by certain liability insurance; specifying 7 who is authorized and required to purchase certain insurance; requiring the State 8 Board of Electricians to specify on each license whether the license holder meets the 9 insurance requirements of certain provisions of this Act; and generally relating to 10 electricians and liability insurance requirements. 11 BY repealing and reenacting, with amendments, 12 Article – Business Occupations and Professions 13 Section 6–205(b), 6–304, 6–307.1, 6–311, 6–312, 6–313, and 6–604 14 Annotated Code of Maryland 15 (2018 Replacement Volume and 2022 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Business Occupations and Professions 19 6–205. 20 (b) The continuing education requirements adopted under this section shall: 21 (1) be based on the National Electrical Code or any local variants adopted 22 by a local board; 23 2 HOUSE BILL 149 (2) consist of a course or training on practical techniques, installation 1 procedures, or other relevant topics; and 2 (3) be administered by: 3 (i) a college or an apprenticeship program approved by the 4 [Maryland Apprenticeship and Training Council ] DIVISION OF WORKFORCE 5 DEVELOPMENT AND ADULT LEARNING or the federal Office of Apprenticeship; 6 (ii) a state or nationally recognized training program; or 7 (iii) another person approved by the State Board. 8 6–304. 9 (a) To qualify for a State license, an applicant shall meet the requirements of this 10 section. 11 (b) (1) Subject to paragraph (2) of this subsection, an applicant for a master 12 electrician license shall have been engaged or employed regularly and principally in 13 providing electrical services for all types of electrical equipment and apparatuses for at 14 least 7 years while under the direction and supervision of: 15 (i) a master electrician; or 16 (ii) a similarly qualified employee of a governmental unit. 17 (2) (i) The State Board may allow an applicant up to 3 years of credit 18 toward the experience required under paragraph (1) of this subsection, if the State Board 19 determines that the applicant has completed a formal course of study or professional 20 training in electrical installation comparable to the required experience. 21 (ii) The State Board shall credit toward the experience required 22 under paragraph (1) of this subsection an applicant’s work as part of a successfully 23 completed electrician apprenticeship program approved by the [Maryland Apprenticeship 24 and Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT 25 LEARNING or the federal Office of Apprenticeship. 26 (c) (1) Subject to paragraph (2) of this subsection, an applicant for a 27 journeyperson electrician license shall have been engaged or employed regularly and 28 principally in providing electrical services for all types of electrical equipment and 29 apparatuses for at least 4 years while under the direction and supervision of: 30 (i) a master electrician; or 31 (ii) an employee of a governmental unit who is similarly qualified as 32 a master electrician licensed under this title. 33 HOUSE BILL 149 3 (2) The State Board shall credit toward the experience required under 1 paragraph (1) of this subsection an applicant’s work as part of a successfully completed 2 electrician apprenticeship program approved by the [Maryland Apprenticeship and 3 Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 4 or the federal Office of Apprenticeship. 5 (d) Except as otherwise provided in this subtitle, the applicant shall pass an 6 examination given by the State Board under this subtitle. 7 (e) The State Board may investigate the qualifications of each applicant to 8 determine whether the applicant meets the requirements of this section. 9 6–307.1. 10 The State Board shall waive the experience and examination requirements for an 11 applicant for a journeyperson electrician license if the applicant: 12 (1) (i) provides written proof of 4 years of work experience providing 13 electrical services under the control and direction of a master electrician; and 14 (ii) submits an application for a license to the State Board on or 15 before December 31, 2022; or 16 (2) provides written proof that the applicant has successfully completed an 17 electrician apprenticeship program approved by the [Maryland Apprenticeship and 18 Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 19 or the federal Office of Apprenticeship that consists of: 20 (i) at least 576 classroom hours; and 21 (ii) 8,000 hours of work experience. 22 6–311. 23 (a) The State Board shall place a State licensee on [inactive] UNINSURED status 24 and issue an [inactive] UNINSURED status certificate to the State licensee, if the State 25 licensee: 26 (1) submits to the State Board an application for [inactive] UNINSURED 27 status on the form that the State Board provides; 28 (2) pays to the State Board any applicable [inactive] UNINSURED status 29 application fee; 30 4 HOUSE BILL 149 (3) except for the insurance requirements of § 6–604 of this title, qualifies 1 for an active State license; and 2 (4) returns the State license to the State Board. 3 (b) The State Board shall place an applicant for an initial State license on 4 [inactive] UNINSURED status and issue an [inactive] UNINSURED status certificate to the 5 applicant, if the applicant: 6 (1) submits to the State Board an application for [inactive] UNINSURED 7 status on the form that the State Board provides; 8 (2) pays to the State Board an [inactive] UNINSURED status application 9 fee set by the State Board; and 10 (3) except for MEETING the continuing education requirement [of] 11 ESTABLISHED BY THE STATE BOARD UNDER § 6–310(c) of this subtitle and the 12 insurance requirements of § 6–604 of this title, qualifies for an active State license. 13 (c) (1) A master electrician licensee on [inactive] UNINSURED status may not 14 use a State license to obtain a local registration for providing electrical services as a master 15 electrician in a local jurisdiction of the State. 16 (2) In a county that requires a State master electrician license, a licensee 17 on [inactive] UNINSURED status may [not] ONLY provide electrical services as a [master] 18 JOURNEYPERSON electrician. 19 (d) (1) Unless the individual applies for another 2–year term as provided in 20 this subsection, an individual on [inactive] UNINSURED status loses that status on the 21 expiration of the [inactive] UNINSURED status. 22 (2) (i) At least 1 month before the [inactive] UNINSURED status of an 23 individual expires, the State Board shall mail or electronically transmit to the individual: 24 1. a renewal application form; and 25 2. a notice that states: 26 A. the date on which the [inactive] UNINSURED status 27 expires; and 28 B. the amount of the renewal fee. 29 (ii) If an electronic transmission under subparagraph (i) of this 30 paragraph is returned to the State Board as undeliverable, the State Board shall mail to 31 the individual, at the last known address of the individual, the materials required under 32 HOUSE BILL 149 5 subparagraph (i) of this paragraph within 10 business days of the date the State Board 1 received the notice that the electronic transmission was undeliverable. 2 (3) Before the [inactive] UNINSURED status expires, an individual on 3 [inactive] UNINSURED status periodically may renew it for an additional 2–year term, if 4 the individual: 5 (i) otherwise is entitled to be placed on [inactive] UNINSURED 6 status; 7 (ii) except for an electrical inspector, pays to the State Board a 8 renewal fee set by the State Board; [and] 9 (iii) submits to the State Board a renewal application on the form 10 that the State Board provides; AND 11 (IV) MEETS THE CONTINUING EDUCATION R EQUIREMENTS 12 ESTABLISHED BY THE STATE BOARD UNDER § 6–310(C) OF THIS SUBTITLE . 13 (4) After an [inactive] UNINSURED status expires, the former licensee may 14 reapply for [inactive] UNINSURED status only if the former licensee: 15 (i) otherwise is entitled to be placed on [inactive] UNINSURED 16 status; 17 (ii) pays to the State Board a reapplication fee set by the State 18 Board; and 19 (iii) reapplies to the State Board for [inactive] UNINSURED status 20 within 2 years after initial expiration of [inactive] UNINSURED status on a form that the 21 State Board provides. 22 (5) The State Board shall renew the [inactive] UNINSURED status of each 23 individual or grant the reapplication for [inactive] UNINSURED status of each former 24 licensee who meets the requirements of this subsection. 25 (e) If [a former licensee] AN INDIVIDUAL WHO WAS FORMERLY on [inactive] 26 UNINSURED status who has failed to renew the [inactive] UNINSURED status within 2 27 years of its expiration reapplies for that status, the State Board shall require the [former 28 licensee] INDIVIDUAL to comply with the requirements for obtaining a State license under 29 §§ 6–304 and 6–307 of this subtitle and § 6–503 of this title as well as the requirements for 30 [inactive] UNINSURED status under this section. 31 (f) The State Board shall reactivate the State license of an individual who is on 32 [inactive] UNINSURED status, if the individual: 33 6 HOUSE BILL 149 (1) meets the renewal requirements that are in effect when the individual 1 requests the reactivation of the State license; 2 (2) submits to the State Board an application for reactivation on the form 3 that the State Board provides; and 4 (3) pays to the State Board a reactivation fee set by the State Board. 5 6–312. 6 (a) The State Board shall reinstate the State license of an individual who is not 7 on [inactive] UNINSURED status and who has failed to renew the State license for any 8 reason, if the individual: 9 (1) applies to the State Board for reinstatement within 2 years after the 10 State license expires; 11 (2) meets the renewal requirements of § 6–310 of this subtitle; and 12 (3) in addition to the renewal fee required under § 6–310 of this subtitle, 13 pays to the State Board a reinstatement fee set by the State Board. 14 (b) If an individual who has failed to renew the State license for any reason 15 applies for reinstatement more than 2 years after the State license has expired, the State 16 Board shall require the individual to pay a reinstatement fee set by the State Board, and 17 comply with the requirements for obtaining a State license under §§ 6–304 and 6–307 of 18 this subtitle and § 6–503 of this title. 19 6–313. 20 (a) (1) Except as provided in paragraph (2) of this subsection, a county or local 21 government may employ an individual as an electrical inspector only if the individual: 22 (i) holds a State license or local license, as applicable; 23 (ii) previously held, within the last 5 years, a State license or local 24 license, as applicable, that was not suspended or revoked; or 25 (iii) is certified by: 26 1. the International Code Council as a combination inspector 27 or as an electrical inspector for residential or commercial buildings; 28 2. the North American Board of Certified Energy 29 Practitioners; or 30 HOUSE BILL 149 7 3. a certifying entity that is comparable to the entity listed 1 in item 1 or 2 of this item. 2 (2) Paragraph (1) of this subsection does not apply to a county or local 3 government that uses code inspectors or combination building code inspectors to conduct 4 trade–specific inspections on residential or commercial buildings to determine compliance 5 with adopted electrical codes or related building codes. 6 (b) An individual may not have any financial interest in any electrical business 7 while employed by the State, a county, or a local government as an electrical inspector. 8 (c) (1) On appointment or employment as an electrical inspector, the 9 individual: 10 (i) shall place the State license of the individual on [inactive] 11 UNINSURED status; and 12 (ii) except for the renewal fee, shall meet the [inactive] UNINSURED 13 status requirements of § 6–311 of this subtitle. 14 (2) The State Board may issue an electrical inspector identification card to 15 an electrical inspector who has placed the State license on [inactive] UNINSURED status. 16 (3) The State Board may not charge a fee to issue the identification card. 17 (d) The State Board may change the status of an electrical inspector to individual 18 [inactive] UNINSURED status, if the electrical inspector: 19 (1) meets the [inactive] UNINSURED status requirements of § 6–311 of this 20 subtitle; and 21 (2) pays an [inactive] UNINSURED status fee set by the State Board. 22 (e) On termination of the appointment or employment of an individual as an 23 electrical inspector, the State Board shall reactivate the State license of the individual who 24 is on [inactive] UNINSURED status, without examination, if the individual meets the 25 reactivation requirements for a State license under § 6–311(f) of this subtitle, including 26 payment of the reactivation fee. 27 6–604. 28 (a) This section does not apply to a State licensee on [inactive] UNINSURED 29 status. 30 (b) A LICENSED master electrician [who is licensed by the State Board and 31 provides electrical services or], a person to whom a LICENSED master electrician [licensed 32 8 HOUSE BILL 149 by the State Board] assigns a local registration under this title [shall], OR ANOTHER 1 PERSON WHO ENGAGES I N THE BUSINESS OF PR OVIDING ELECTRICAL S ERVICES 2 MAY NOT CONTRACT TO PROVIDE ELECTRICAL S ERVICES UNLESS THE E LECTRICAL 3 WORK, INCLUDING COMPLETED OPERATIONS , OF THE LICENSED MAST ER 4 ELECTRICIAN, PERSON ASSIGNED A LO CAL REGISTRATION , OR PERSON WHO 5 ENGAGES IN THE BUSIN ESS OF PROVIDING ELE CTRICAL SERVICES IS COVERED BY 6 LIABILITY INSURANCE : 7 (1) [maintain] FOR general liability [insurance] in the amount of at least 8 $300,000; AND 9 (2) [maintain] FOR property damage [insurance] in the amount of at least 10 $100,000[; and 11 (3) submit proof of the required insurance to the State Board]. 12 (C) (1) THE INSURANCE REQUIRE D UNDER THIS SECTION MAY BE 13 BOUGHT: 14 (I) BY A MASTER ELECTRIC IAN; OR 15 (II) FOR A MASTER ELECTRI CIAN, BY A PERSON WHO ENGA GES 16 IN THE BUSINESS OF P ROVIDING ELECTRICAL SERVICES AND EMPLOYS THE MASTER 17 ELECTRICIAN. 18 (2) THE INSURANCE REQUIRE MENT OF THIS SECTION IS NOT MEANT 19 TO COVER ELECTRICAL SERVICE S THAT A MASTER ELEC TRICIAN PROVIDES OUT SIDE 20 THE SCOPE OF EMPLOYM ENT FOR THE PERSON W HO CARRIES THE INSUR ANCE. 21 (D) (1) A LICENSED APPRENTICE ELECTRICIAN OR LICEN SED 22 JOURNEYPERSON ELECTR ICIAN IN THE EMPLOY OF A LICENSED MASTER 23 ELECTRICIAN NEED NOT OBTAIN SEPARATE INSURANCE W HILE PROVIDING OR 24 ASSISTING IN PROVIDI NG ELECTRICAL SERVIC ES UNDER THE CONTROL AND 25 SUPERVISION OF THE L ICENSED MASTER ELECT RICIAN. 26 (2) SUBJECT TO THE RESTRI CTIONS OF § 6–311 OF THIS TITLE 27 REGARDING UNINSURED STATUS, UNINSURED LICENSEES WHO HAVE HAD THEIR 28 UNINSURED STATUS APP ROVED BY THE STATE BOARD NEED NOT OBTAIN 29 INSURANCE WHILE MAIN TAINING UNINSURED ST ATUS. 30 [(c)] (E) (1) An applicant for a State license shall submit proof of the 31 insurance required under this section to the State Board with the license application. 32 HOUSE BILL 149 9 (2) The State Board may not issue a State license to an applicant to whom 1 the insurance requirements of this section would apply unless the applicant submits proof 2 of the insurance. 3 [(d)] (F) Unless an applicant meets the insurance requirements of this section, 4 the State Board may not renew a State license of the applicant to whom the insurance 5 requirements of this section would apply. 6 [(e)] (G) If the insurance required under this section is canceled, the insurer 7 shall notify the State Board within 10 days after the date of cancellation. 8 [(f)] (H) If a local jurisdiction requires [an applicant for a local license] A 9 MASTER ELECTRICIAN O R OTHER PERSON WHO E NGAGES IN THE BUSINE SS OF 10 PROVIDING ELECTRICAL SERVICES to execute a bond to the local jurisdiction, the 11 applicant may satisfy the bond requirement by submitting proof of the insurance required 12 under this section. 13 (I) THE STATE BOARD SHALL SPECIFY O N EACH LICENSE WHETH ER THE 14 LICENSE HOLDER MEETS THE INSURANCE REQUIR EMENTS OF THIS SECTI ON. 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16 measure, is necessary for the immediate preservation of the public health or safety, has 17 been passed by a yea and nay vote supported by three–fifths of all the members elected to 18 each of the two Houses of the General Assembly, and shall take effect from the date it is 19 enacted. 20