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. *sb0044* SENATE BILL 44 C3 EMERGENCY BILL 3lr0473 (PRE–FILED) CF HB 149 By: Senator McCray Requested: September 28, 2022 Introduced and read first time: January 11, 2023 Assigned to: Education, Energy, and the Environment Committee Report: Favorable Senate action: Adopted Read second time: February 14, 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 SENATE BILL 44 (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 SENATE BILL 44 3 principally in providing electrical services for all types of electrical equipment and 1 apparatuses for at least 4 years while under the direction and supervision of: 2 (i) a master electrician; or 3 (ii) an employee of a governmental unit who is similarly qualified as 4 a master electrician licensed under this title. 5 (2) The State Board shall credit toward the experience required under 6 paragraph (1) of this subsection an applicant’s work as part of a successfully completed 7 electrician apprenticeship program approved by the [Maryland Apprenticeship and 8 Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 9 or the federal Office of Apprenticeship. 10 (d) Except as otherwise provided in this subtitle, the applicant shall pass an 11 examination given by the State Board under this subtitle. 12 (e) The State Board may investigate the qualifications of each applicant to 13 determine whether the applicant meets the requirements of this section. 14 6–307.1. 15 The State Board shall waive the experience and examination requirements for an 16 applicant for a journeyperson electrician license if the applicant: 17 (1) (i) provides written proof of 4 years of work experience providing 18 electrical services under the control and direction of a master electrician; and 19 (ii) submits an application for a license to the State Board on or 20 before December 31, 2022; or 21 (2) provides written proof that the applicant has successfully completed an 22 electrician apprenticeship program approved by the [Maryland Apprenticeship and 23 Training Council] DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING 24 or the federal Office of Apprenticeship that consists of: 25 (i) at least 576 classroom hours; and 26 (ii) 8,000 hours of work experience. 27 6–311. 28 (a) The State Board shall place a State licensee on [inactive] UNINSURED status 29 and issue an [inactive] UNINSURED status certificate to the State licensee, if the State 30 licensee: 31 4 SENATE BILL 44 (1) submits to the State Board an application for [inactive] UNINSURED 1 status on the form that the State Board provides; 2 (2) pays to the State Board any applicable [inactive] UNINSURED status 3 application fee; 4 (3) except for the insurance requirements of § 6–604 of this title, qualifies 5 for an active State license; and 6 (4) returns the State license to the State Board. 7 (b) The State Board shall place an applicant for an initial State license on 8 [inactive] UNINSURED status and issue an [inactive] UNINSURED status certificate to the 9 applicant, if the applicant: 10 (1) submits to the State Board an application for [inactive] UNINSURED 11 status on the form that the State Board provides; 12 (2) pays to the State Board an [inactive] UNINSURED status application 13 fee set by the State Board; and 14 (3) except for MEETING the continuing education requirement [of] 15 ESTABLISHED BY THE STATE BOARD UNDER § 6–310(c) of this subtitle and the 16 insurance requirements of § 6–604 of this title, qualifies for an active State license. 17 (c) (1) A master electrician licensee on [inactive] UNINSURED status may not 18 use a State license to obtain a local registration for providing electrical services as a master 19 electrician in a local jurisdiction of the State. 20 (2) In a county that requires a State master electrician license, a licensee 21 on [inactive] UNINSURED status may [not] ONLY provide electrical services as a [master] 22 JOURNEYPERSON electrician. 23 (d) (1) Unless the individual applies for another 2–year term as provided in 24 this subsection, an individual on [inactive] UNINSURED status loses that status on the 25 expiration of the [inactive] UNINSURED status. 26 (2) (i) At least 1 month before the [inactive] UNINSURED status of an 27 individual expires, the State Board shall mail or electronically transmit to the individual: 28 1. a renewal application form; and 29 2. a notice that states: 30 A. the date on which the [inactive] UNINSURED status 31 expires; and 32 SENATE BILL 44 5 B. the amount of the renewal fee. 1 (ii) If an electronic transmission under subparagraph (i) of this 2 paragraph is returned to the State Board as undeliverable, the State Board shall mail to 3 the individual, at the last known address of the individual, the materials required under 4 subparagraph (i) of this paragraph within 10 business days of the date the State Board 5 received the notice that the electronic transmission was undeliverable. 6 (3) Before the [inactive] UNINSURED status expires, an individual on 7 [inactive] UNINSURED status periodically may renew it for an additional 2–year term, if 8 the individual: 9 (i) otherwise is entitled to be placed on [inactive] UNINSURED 10 status; 11 (ii) except for an electrical inspector, pays to the State Board a 12 renewal fee set by the State Board; [and] 13 (iii) submits to the State Board a renewal application on the form 14 that the State Board provides; AND 15 (IV) MEETS THE CONTINUING EDUCATION R EQUIREMENTS 16 ESTABLISHED BY THE STATE BOARD UNDER § 6–310(C) OF THIS SUBTITLE . 17 (4) After an [inactive] UNINSURED status expires, the former licensee may 18 reapply for [inactive] UNINSURED status only if the former licensee: 19 (i) otherwise is entitled to be placed on [inactive] UNINSURED 20 status; 21 (ii) pays to the State Board a reapplication fee set by the State 22 Board; and 23 (iii) reapplies to the State Board for [inactive] UNINSURED status 24 within 2 years after initial expiration of [inactive] UNINSURED status on a form that the 25 State Board provides. 26 (5) The State Board shall renew the [inactive] UNINSURED status of each 27 individual or grant the reapplication for [inactive] UNINSURED status of each former 28 licensee who meets the requirements of this subsection. 29 (e) If [a former licensee] AN INDIVIDUAL WHO WAS FORMERLY on [inactive] 30 UNINSURED status who has failed to renew the [inactive] UNINSURED status within 2 31 years of its expiration reapplies for that status, the State Board shall require the [former 32 6 SENATE BILL 44 licensee] INDIVIDUAL to comply with the requirements for obtaining a State license under 1 §§ 6–304 and 6–307 of this subtitle and § 6–503 of this title as well as the requirements for 2 [inactive] UNINSURED status under this section. 3 (f) The State Board shall reactivate the State license of an individual who is on 4 [inactive] UNINSURED status, if the individual: 5 (1) meets the renewal requirements that are in effect when the individual 6 requests the reactivation of the State license; 7 (2) submits to the State Board an application for reactivation on the form 8 that the State Board provides; and 9 (3) pays to the State Board a reactivation fee set by the State Board. 10 6–312. 11 (a) The State Board shall reinstate the State license of an individual who is not 12 on [inactive] UNINSURED status and who has failed to renew the State license for any 13 reason, if the individual: 14 (1) applies to the State Board for reinstatement within 2 years after the 15 State license expires; 16 (2) meets the renewal requirements of § 6–310 of this subtitle; and 17 (3) in addition to the renewal fee required under § 6–310 of this subtitle, 18 pays to the State Board a reinstatement fee set by the State Board. 19 (b) If an individual who has failed to renew the State license for any reason 20 applies for reinstatement more than 2 years after the State license has expired, the State 21 Board shall require the individual to pay a reinstatement fee set by the State Board, and 22 comply with the requirements for obtaining a State license under §§ 6–304 and 6–307 of 23 this subtitle and § 6–503 of this title. 24 6–313. 25 (a) (1) Except as provided in paragraph (2) of this subsection, a county or local 26 government may employ an individual as an electrical inspector only if the individual: 27 (i) holds a State license or local license, as applicable; 28 (ii) previously held, within the last 5 years, a State license or local 29 license, as applicable, that was not suspended or revoked; or 30 (iii) is certified by: 31 SENATE BILL 44 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 SENATE BILL 44 (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, OR ANOTHER PERSON 5 WHO ENGAGES IN THE B USINESS OF PROVIDING ELECTRICAL SERVICES MAY NOT 6 CONTRACT TO PROVIDE ELECTRICAL SERVICES UNLESS THE ELECTRICA L WORK, 7 INCLUDING COMPLETED OPERATIONS, OF THE LICENSED MASTER E LECTRICIAN, 8 PERSON ASSIGNED A LO CAL REGISTRATION , OR PERSON WHO ENGAGE S IN THE 9 BUSINESS OF PROVIDIN G ELECTRICAL SERVICE S IS COVERED BY LIABIL ITY 10 INSURANCE [shall]: 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 ELECTRIC IAN; OR 19 (II) FOR A MASTER ELECTRI CIAN, BY A PERSON WHO ENGAGES 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 ELECTR ICIAN PROVIDES OUTSIDE 24 THE SCOPE OF EMPLOYM ENT FOR THE PERSON W HO CARRIES THE INSUR ANCE. 25 (D) (1) A LICENSED APPRENTICE ELECTRICIAN OR LICENSED 26 JOURNEYPERSON ELECTRICIAN IN THE EMPLOY OF A L ICENSED 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 LICENSED MASTER ELEC TRICIAN. 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 SENATE BILL 44 9 UNINSURED STATUS APPROVED BY T HE STATE BOARD NEED NOT OBTAIN 1 INSURANCE WHILE MAIN TAINING UNINSURED STATUS. 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 ENGAGES IN THE B USINESS 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 ON EACH LICENSE WHET HER THE 18 LICENSE HOLDER MEETS THE INSURANCE REQUIR EMENTS OF THIS SECTI ON. 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. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.