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.
*sb0298*
SENATE BILL 298
C3 4lr0269
(PRE–FILED) CF 4lr0270
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Labor)
Requested: September 19, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 18, 2024
CHAPTER ______
AN ACT concerning 1
State Board of Electricians – Licensing – Penalties 2
FOR the purpose of authorizing the State Board of Electricians to impose a civil monetary 3
penalty instead of or in addition to reprimanding a licensee or suspending or 4
revoking a license for certain violations; requiring the Board to consider certain 5
factors to determine the amount of a penalty imposed under this Act; requiring the 6
Board to submit a certain report to certain committees of the General Assembly on 7
the Board’s practices and processes for the timely resolution of complaints and the 8
approval of licenses; and generally relating to the State Board of Electricians. 9
BY repealing and reenacting, with amendments, 10
Article – Business Occupations and Professions 11
Section 6–316 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Business Occupations and Professions 17
6–316. 18
2 SENATE BILL 298
(a) (1) Subject to the hearing provisions of § 6–317 of this subtitle, the State 1
Board may deny a State license to any applicant, reprimand any State licensee, or suspend 2
or revoke a State license if the applicant or State licensee: 3
[(1)] (I) fraudulently or deceptively obtains or attempts to obtain a State 4
license for the applicant, State licensee, or another person; 5
[(2)] (II) fraudulently or deceptively uses a State license; 6
[(3)] (III) transfers the authority granted by a State license to another 7
person; 8
[(4)] (IV) engages in an unfair or deceptive trade practice, as defined in § 9
13–301 of the Commercial Law Article; 10
[(5)] (V) willfully or deliberately disregards and violates a building code, 11
electrical code, or law of the State or a local jurisdiction; 12
[(6)] (VI) under the laws of the United States or of any state, is convicted 13
of: 14
[(i)] 1. a felony; or 15
[(ii)] 2. a misdemeanor that is directly related to the fitness and 16
qualification of the applicant or licensee to provide electrical services; 17
[(7)] (VII) aids or abets a person to evade a provision of this title; 18
[(8)] (VIII) willfully or deliberately disregards disciplinary action taken by a 19
local jurisdiction against the individual in connection with the provision of electrical 20
services; 21
[(9)] (IX) fails in a material respect to comply with a provision of this title; 22
[(10)] (X) fails to train and control adequately a person who, while under 23
the supervision of the State licensee, sells or estimates electrical work or provides or assists 24
in providing electrical services; 25
[(11)] (XI) fails to maintain a local registration, if required, under § 6–601 26
of this title; 27
[(12)] (XII) fails to maintain the general liability and property damage 28
insurance required under § 6–604 of this title; 29
[(13)] (XIII) offers or provides electrical services outside the scope of the 30
license held by the licensee; 31 SENATE BILL 298 3
[(14)] (XIV) permits another licensee employed by the individual to provide 1
electrical services outside the scope of that individual’s license; 2
[(15)] (XV) without justification, fails to perform a contract or abandons a 3
project to provide electrical services; 4
[(16)] (XVI) provides electrical services that are inadequate or incomplete, 5
according to the terms of a contract or a project; 6
[(17)] (XVII) directly or indirectly publishes an advertisement relating to the 7
provision of electrical services that contains a representation or statement that is false, 8
deceptive, or misleading; 9
[(18)] (XVIII) certifies on a license renewal application that the 10
continuing education requirement of license renewal has been completed if the licensee has 11
not fully completed the continuing education requirement at the time the license renewal 12
application is submitted; 13
[(19)] (XIX) violates any other provision of this title; or 14
[(20)] (XX) violates any regulation adopted under this title. 15
(2) (I) INSTEAD OF OR IN ADDI TION TO REPRIMANDING A 16
LICENSEE OR SUSPENDI NG OR REVOKING A LIC ENSE UNDER THIS SUBS ECTION, THE 17
BOARD MAY IMPOSE A CI VIL PENALTY NOT EXCE EDING $5,000 FOR EACH 18
VIOLATION. 19
(II) TO DETERMINE THE AMOU NT OF THE PENALTY IM POSED 20
UNDER THIS SUBSECTIO N, THE BOARD SHALL CONSIDER : 21
1. THE SERIOUSNESS OF T HE VIOLATION; 22
2. THE HARM CAUSED BY T HE VIOLATION; 23
3. THE GOOD FAITH OF TH E LICENSEE; AND 24
4. ANY HISTORY OF PREVI OUS VIOLATIONS BY TH E 25
LICENSEE. 26
(III) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER 27
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE. 28
4 SENATE BILL 298
(b) Allowing a State license to be used by another person is, in a disciplinary 1
proceeding under this section, prima facie evidence that a State licensee transferred the 2
authority granted by a State license to another person. 3
(c) The State Board shall consider the following facts in the granting, denial, 4
renewal, suspension, or revocation of a State license or the reprimand of a State licensee 5
when an applicant or State licensee is convicted of a felony or misdemeanor described in 6
subsection [(a)(6)] (A)(1)(VI) of this section: 7
(1) the nature of the crime; 8
(2) the relationship of the crime to the activities authorized by the State 9
license; 10
(3) with respect to a felony, the relevance of the conviction to the fitness 11
and qualification of the applicant or State licensee to provide electrical services; 12
(4) the length of time since the conviction; and 13
(5) the behavior and activities of the applicant or State licensee before and 14
after the conviction. 15
(d) This section may not be construed to limit the ability of a local board to take 16
disciplinary action against the holder of a local registration or the holder of a local permit 17
in that jurisdiction under § 6–103 of this title. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) On or before October 1, 2024, the State Board of Electricians shall submit to 20
the Senate Education, Energy, and the Environment Committee and the House Economic 21
Matters Committee, in accordance with § 2–1257 of the State Government Article, a report 22
on the Board’s practices and processes for the timely resolution of complaints filed against 23
State licensees. 24
(b) The report required under this section shall include: 25
(1) for each of the years 2018 through 2023: 26
(i) the number and types of complaints filed against State licensees; 27
(ii) the dates on which each complaint was received and resolved by 28
the Board; 29
(iii) the number of investigators employed by the Board; 30
(iv) a determination by the Board as to whether there was a 31
complaint backlog; and 32 SENATE BILL 298 5
(v) the average length of time to approve a license; and 1
(2) a detailed explanation of the plan and strategies adopted by the Board 2
to systematically address the complaint backlog and prevent future backlogs. 3
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 4
effect October 1, 2024. 5
SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 6
Section 3 of this Act, this Act shall take effect October July 1, 2024. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.