Maryland 2023 Regular Session

Maryland House Bill HB149 Latest Draft

Bill / Chaptered Version Filed 04/26/2023

                             	WES MOORE, Governor 	Ch. 187 
 
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Chapter 187 
(House Bill 149) 
 
AN ACT concerning 
 
Maryland Electricians Act – Revisions 
 
FOR the purpose of  altering the entity that must administer or approve an apprenticeship 
program for electricians; substituting the term “uninsured” for the term “inactive” in 
certain provisions of law relating to liability insurance requirements for certain 
electricians; prohibiting a certain electrician from contracting to provide electrical 
services unless the electrical work is covered by certain liability insurance; specifying 
who is authorized and required to purchase certain insurance; requiring the State 
Board of Electricians to specify on each license whether the license holder meets the 
insurance requirements of certain provisions of this Act; and generally relating to 
electricians and liability insurance requirements. 
 
BY repealing and reenacting, with amendments, 
 Article – Business Occupations and Professions 
Section 6–205(b), 6–304, 6–307.1, 6–311, 6–312, 6–313, and 6–604 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Business Occupations and Professions 
 
6–205. 
 
 (b) The continuing education requirements adopted under this section shall: 
 
 (1) be based on the National Electrical Code or any local variants adopted 
by a local board; 
 
 (2) consist of a course or training on practical techniques, installation 
procedures, or other relevant topics; and 
 
 (3) be administered by: 
 
 (i) a college or an apprenticeship program approved by the 
[Maryland Apprenticeship and Training Council ] DIVISION OF WORKFORCE 
DEVELOPMENT AND ADULT LEARNING or the federal Office of Apprenticeship; 
 
 (ii) a state or nationally recognized training program; or  Ch. 187 	2023 LAWS OF MARYLAND  
 
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 (iii) another person approved by the State Board. 
 
6–304. 
 
 (a) To qualify for a State license, an applicant shall meet the requirements of this 
section. 
 
 (b) (1) Subject to paragraph (2) of this subsection, an applicant for a master 
electrician license shall have been engaged or employed regularly and principally in 
providing electrical services for all types of electrical equipment and apparatuses for at 
least 7 years while under the direction and supervision of: 
 
 (i) a master electrician; or 
 
 (ii) a similarly qualified employee of a governmental unit. 
 
 (2) (i) The State Board may allow an applicant up to 3 years of credit 
toward the experience required under paragraph (1) of this subsection, if the State Board 
determines that the applicant has completed a formal course of study or professional 
training in electrical installation comparable to the required experience. 
 
 (ii) The State Board shall credit toward the experience required 
under paragraph (1) of this subsection an applicant’s work as part of a successfully 
completed electrician apprenticeship program approved by the [Maryland Apprenticeship 
and Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT 
LEARNING or the federal Office of Apprenticeship. 
 
 (c) (1) Subject to paragraph (2) of this subsection, an applicant for a 
journeyperson electrician license shall have been engaged or employed regularly and 
principally in providing electrical services for all types of electrical equipment and 
apparatuses for at least 4 years while under the direction and supervision of: 
 
 (i) a master electrician; or 
 
 (ii) an employee of a governmental unit who is similarly qualified as 
a master electrician licensed under this title. 
 
 (2) The State Board shall credit toward the experience required under 
paragraph (1) of this subsection an applicant’s work as part of a successfully completed 
electrician apprenticeship program approved by the [Maryland Apprenticeship and 
Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 
or the federal Office of Apprenticeship. 
 
 (d) Except as otherwise provided in this subtitle, the applicant shall pass an 
examination given by the State Board under this subtitle.   	WES MOORE, Governor 	Ch. 187 
 
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 (e) The State Board may investigate the qualifications of each applicant to 
determine whether the applicant meets the requirements of this section. 
 
6–307.1. 
 
 The State Board shall waive the experience and examination requirements for an 
applicant for a journeyperson electrician license if the applicant: 
 
 (1) (i) provides written proof of 4 years of work experience providing 
electrical services under the control and direction of a master electrician; and 
 
 (ii) submits an application for a license to the State Board on or 
before December 31, 2022; or 
 
 (2) provides written proof that the applicant has successfully completed an 
electrician apprenticeship program approved by the [Maryland Apprenticeship and 
Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 
or the federal Office of Apprenticeship that consists of: 
 
 (i) at least 576 classroom hours; and 
 
 (ii) 8,000 hours of work experience. 
 
6–311. 
 
 (a) The State Board shall place a State licensee on [inactive] UNINSURED status 
and issue an [inactive] UNINSURED status certificate to the State licensee, if the State 
licensee: 
 
 (1) submits to the State Board an application for [inactive] UNINSURED 
status on the form that the State Board provides; 
 
 (2) pays to the State Board any applicable [inactive] UNINSURED status 
application fee; 
 
 (3) except for the insurance requirements of § 6–604 of this title, qualifies 
for an active State license; and 
 
 (4) returns the State license to the State Board. 
 
 (b) The State Board shall place an applicant for an initial State license on 
[inactive] UNINSURED status and issue an [inactive] UNINSURED status certificate to the 
applicant, if the applicant: 
  Ch. 187 	2023 LAWS OF MARYLAND  
 
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 (1) submits to the State Board an application for [inactive] UNINSURED 
status on the form that the State Board provides; 
 
 (2) pays to the State Board an [inactive] UNINSURED status application 
fee set by the State Board; and 
 
 (3) except for MEETING the continuing education requirement [of] 
ESTABLISHED BY THE STATE BOARD UNDER § 6–310(c) of this subtitle and the 
insurance requirements of § 6–604 of this title, qualifies for an active State license. 
 
 (c) (1) A master electrician licensee on [inactive] UNINSURED status may not 
use a State license to obtain a local registration for providing electrical services as a master 
electrician in a local jurisdiction of the State. 
 
 (2) In a county that requires a State master electrician license, a licensee 
on [inactive] UNINSURED status may [not] ONLY provide electrical services as a [master] 
JOURNEYPERSON electrician. 
 
 (d) (1) Unless the individual applies for another 2–year term as provided in 
this subsection, an individual on [inactive] UNINSURED status loses that status on the 
expiration of the [inactive] UNINSURED status. 
 
 (2) (i) At least 1 month before the [inactive] UNINSURED status of an 
individual expires, the State Board shall mail or electronically transmit to the individual: 
 
 1. a renewal application form; and 
 
 2. a notice that states: 
 
 A. the date on which the [inactive] UNINSURED status 
expires; and 
 
 B. the amount of the renewal fee. 
 
 (ii) If an electronic transmission under subparagraph (i) of this 
paragraph is returned to the State Board as undeliverable, the State Board shall mail to 
the individual, at the last known address of the individual, the materials required under 
subparagraph (i) of this paragraph within 10 business days of the date the State Board 
received the notice that the electronic transmission was undeliverable. 
 
 (3) Before the [inactive] UNINSURED status expires, an individual on 
[inactive] UNINSURED status periodically may renew it for an additional 2–year term, if 
the individual: 
   	WES MOORE, Governor 	Ch. 187 
 
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 (i) otherwise is entitled to be placed on [inactive] UNINSURED 
status; 
 
 (ii) except for an electrical inspector, pays to the State Board a 
renewal fee set by the State Board; [and] 
 
 (iii) submits to the State Board a renewal application on the form 
that the State Board provides; AND 
 
 (IV) MEETS THE CONTINUING EDUCATION REQUIREMEN TS 
ESTABLISHED BY THE STATE BOARD UNDER § 6–310(C) OF THIS SUBTITLE . 
 
 (4) After an [inactive] UNINSURED status expires, the former licensee may 
reapply for [inactive] UNINSURED status only if the former licensee: 
 
 (i) otherwise is entitled to be placed on [inactive] UNINSURED 
status; 
 
 (ii) pays to the State Board a reapplication fee set by the State 
Board; and 
 
 (iii) reapplies to the State Board for [inactive] UNINSURED status 
within 2 years after initial expiration of [inactive] UNINSURED status on a form that the 
State Board provides. 
 
 (5) The State Board shall renew the [inactive] UNINSURED status of each 
individual or grant the reapplication for [inactive] UNINSURED status of each former 
licensee who meets the requirements of this subsection. 
 
 (e) If [a former licensee] AN INDIVIDUAL WHO WAS FORMERLY on [inactive] 
UNINSURED status who has failed to renew the [inactive] UNINSURED status within 2 
years of its expiration reapplies for that status, the State Board shall require the [former 
licensee] INDIVIDUAL to comply with the requirements for obtaining a State license under 
§§ 6–304 and 6–307 of this subtitle and § 6–503 of this title as well as the requirements for 
[inactive] UNINSURED status under this section. 
 
 (f) The State Board shall reactivate the State license of an individual who is on 
[inactive] UNINSURED status, if the individual: 
 
 (1) meets the renewal requirements that are in effect when the individual 
requests the reactivation of the State license; 
 
 (2) submits to the State Board an application for reactivation on the form 
that the State Board provides; and 
  Ch. 187 	2023 LAWS OF MARYLAND  
 
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 (3) pays to the State Board a reactivation fee set by the State Board. 
 
6–312. 
 
 (a) The State Board shall reinstate the State license of an individual who is not 
on [inactive] UNINSURED status and who has failed to renew the State license for any 
reason, if the individual: 
 
 (1) applies to the State Board for reinstatement within 2 years after the 
State license expires; 
 
 (2) meets the renewal requirements of § 6–310 of this subtitle; and 
 
 (3) in addition to the renewal fee required under § 6–310 of this subtitle, 
pays to the State Board a reinstatement fee set by the State Board. 
 
 (b) If an individual who has failed to renew the State license for any reason 
applies for reinstatement more than 2 years after the State license has expired, the State 
Board shall require the individual to pay a reinstatement fee set by the State Board, and 
comply with the requirements for obtaining a State license under §§ 6–304 and 6–307 of 
this subtitle and § 6–503 of this title. 
 
6–313. 
 
 (a) (1) Except as provided in paragraph (2) of this subsection, a county or local 
government may employ an individual as an electrical inspector only if the individual: 
 
 (i) holds a State license or local license, as applicable; 
 
 (ii) previously held, within the last 5 years, a State license or local 
license, as applicable, that was not suspended or revoked; or 
 
 (iii) is certified by: 
 
 1. the International Code Council as a combination inspector 
or as an electrical inspector for residential or commercial buildings; 
 
 2. the North American Board of Certified Energy 
Practitioners; or 
 
 3. a certifying entity that is comparable to the entity listed 
in item 1 or 2 of this item. 
 
 (2) Paragraph (1) of this subsection does not apply to a county or local 
government that uses code inspectors or combination building code inspectors to conduct   	WES MOORE, Governor 	Ch. 187 
 
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trade–specific inspections on residential or commercial buildings to determine compliance 
with adopted electrical codes or related building codes. 
 
 (b) An individual may not have any financial interest in any electrical business 
while employed by the State, a county, or a local government as an electrical inspector. 
 
 (c) (1) On appointment or employment as an electrical inspector, the 
individual: 
 
 (i) shall place the State license of the individual on [inactive] 
UNINSURED status; and 
 
 (ii) except for the renewal fee, shall meet the [inactive] UNINSURED 
status requirements of § 6–311 of this subtitle. 
 
 (2) The State Board may issue an electrical inspector identification card to 
an electrical inspector who has placed the State license on [inactive] UNINSURED status. 
 
 (3) The State Board may not charge a fee to issue the identification card. 
 
 (d) The State Board may change the status of an electrical inspector to individual 
[inactive] UNINSURED status, if the electrical inspector: 
 
 (1) meets the [inactive] UNINSURED status requirements of § 6–311 of this 
subtitle; and 
 
 (2) pays an [inactive] UNINSURED status fee set by the State Board. 
 
 (e) On termination of the appointment or employment of an individual as an 
electrical inspector, the State Board shall reactivate the State license of the individual who 
is on [inactive] UNINSURED status, without examination, if the individual meets the 
reactivation requirements for a State license under § 6–311(f) of this subtitle, including 
payment of the reactivation fee. 
 
6–604. 
 
 (a) This section does not apply to a State licensee on [inactive] UNINSURED 
status. 
 
 (b) A LICENSED master electrician [who is licensed by the State Board and 
provides electrical services or], a person to whom a LICENSED master electrician [licensed 
by the State Board] assigns a local registration under this title [shall], OR ANOTHER 
PERSON WHO ENGAGES I N THE BUSINESS OF PR OVIDING ELECTRICAL S ERVICES 
MAY NOT CONTRACT TO PROVIDE ELECTRICAL S ERVICES UNLESS THE ELECT RICAL 
WORK, INCLUDING COMPLETED OPERATIONS, OF THE LICENSED MAST ER  Ch. 187 	2023 LAWS OF MARYLAND  
 
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ELECTRICIAN, PERSON ASSIGNED A LO CAL REGISTRATION , OR PERSON WHO 
ENGAGES IN THE BUSIN ESS OF PROVIDING ELE CTRICAL SERVICES IS COVERED BY 
LIABILITY INSURANCE : 
 
 (1) [maintain] FOR general liability [insurance] in the amount of at least 
$300,000; AND 
 
 (2) [maintain] FOR property damage [insurance] in the amount of at least 
$100,000[; and 
 
 (3) submit proof of the required insurance to the State Board]. 
 
 (C) (1) THE INSURANCE REQUIRED UNDER THIS SECTION MAY BE 
BOUGHT: 
 
 (I) BY A MASTER ELECTRIC IAN; OR 
 
 (II) FOR A MASTER ELECTRI CIAN, BY A PERSON WHO ENGA GES 
IN THE BUSINESS OF P ROVIDING ELECTRICAL SERVICES AND EMPLOYS THE MASTER 
ELECTRICIAN. 
 
 (2) THE INSURANCE REQUIR EMENT OF THIS SECTIO N IS NOT MEANT 
TO COVER ELECTRICAL SERVICES THAT A MAST ER ELECTRICIAN PROVI DES OUTSIDE 
THE SCOPE OF EMPLOYM ENT FOR THE PERSON W HO CARRIES THE INSUR ANCE. 
 
 (D) (1) A LICENSED APPRENTICE ELECTRICIAN OR LICEN SED 
JOURNEYPERSON ELECTR ICIAN IN THE EMPLOY OF A LI CENSED MASTER 
ELECTRICIAN NEED NOT OBTAIN SEPARATE INSU RANCE WHILE PROVIDIN G OR 
ASSISTING IN PROVIDI NG ELECTRICAL SERVIC ES UNDER THE CONTROL AND 
SUPERVISION OF THE L ICENSED MASTER ELECT RICIAN. 
 
 (2) SUBJECT TO THE RESTRI CTIONS OF § 6–311 OF THIS TITLE 
REGARDING UNINSURED STATUS, UNINSURED LICENSEES WHO HAVE HAD THEIR 
UNINSURED STATUS APP ROVED BY THE STATE BOARD NEED NOT OBTAIN 
INSURANCE WHILE MAIN TAINING UNINSURED ST ATUS. 
 
 [(c)] (E) (1) An applicant for a State license shall submit proof of the 
insurance required under this section to the State Board with the license application. 
 
 (2) The State Board may not issue a State license to an applicant to whom 
the insurance requirements of this section would apply unless the applicant submits proof 
of the insurance. 
   	WES MOORE, Governor 	Ch. 187 
 
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 [(d)] (F) Unless an applicant meets the insurance requirements of this section, 
the State Board may not renew a State license of the applicant to whom the insurance 
requirements of this section would apply. 
 
 [(e)] (G) If the insurance required under this section is canceled, the insurer 
shall notify the State Board within 10 days after the date of cancellation. 
 
 [(f)] (H) If a local jurisdiction requires [an applicant for a local license] A 
MASTER ELECTRICIAN O R OTHER PERSON WHO E NGAGES IN THE BUSINE SS OF 
PROVIDING ELECTRICAL SERVICES to execute a bond to the local jurisdiction, the 
applicant may satisfy the bond requirement by submitting proof of the insurance required 
under this section. 
 
 (I) THE STATE BOARD SHALL SPECIFY O N EACH LICENSE WHETH ER THE 
LICENSE HOLDER MEETS THE INSURANCE REQUIR EMENTS OF THIS SECTI ON. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 
measure, is necessary for the immediate preservation of the public health or safety, has 
been passed by a yea and nay vote supported by three–fifths of all the members elected to 
each of the two Houses of the General Assembly, and shall take effect from the date it is 
enacted. 
 
Approved by the Governor, April 24, 2023.