Maryland 2023 2023 Regular Session

Maryland House Bill HB149 Engrossed / Bill

Filed 04/03/2023

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