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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 317 By: Daniels of the Senate
and
Sims and West (Kevin) of
the House
An Act relating to electricians; amending 59 O.S.
2011, Sections 1682, as amended by Section 1, Chapter
17, O.S.L. 2018, 1686, 1688 and 1689, as amended by
Section 23, Chapter 313, O.S.L. 2015 (59 O.S. Supp.
2020, Sections 1682 and 1689), which relate to the
Electrical License Act; modifying language; adding
definition; authorizing issuance of certain
certification; stating qualifications for
certification; providing for supervisory authority
for student interns; prohibiting student interns on
high voltage systems; updating statutory reference;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 1682, as
amended by Section 1, Chapter 17, O.S.L. 2018 (59 O.S. Supp. 202 0,
Section 1682), is amended to read as follows:
Section 1682. A. As used in the Electrical License Act:
1. “Board” means the Construction Industries Board;
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2. “Committee” means the Committee of Electrical Examiners
appointed by the Board;
3. “Electrical apprentice” means any person sixteen (16) years
of age or older whose principal occupation is the learning of and
assisting in the installation of electrical work under the direct
supervision of a licensed journeyman electrician or electrical
contractor;
4. “Journeyman electrician ” means any person other than an
electrical contractor who engages in the actual installation,
alteration, repair or renovation of electrical facilities or
electrical construction work unless specifically exempted by the
provisions of the Electrical License Act;
5. “Electrical contractor ” means any person skilled in the
planning, superintending and practical installation of electrical
facilities who is familiar with the laws, rules and regulations
governing such work. Electri cal contractor also means any
individual, firm, partnership, corporation, limited liability
company, or business performing skills of an electrical contractor
or an electrician or the business of contracting, or furnishing
labor or labor and materials for the installation, repair,
maintenance or renovation of electrical facilities or electrical
construction work according to the provisions of the Electrical
License Act;
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6. “Electrical facilities ” means all wiring, fixtures,
appurtenances, and appliances for, and in connection with, a supply
of electricity within or adjacent to any building, structure or
conveyance on the premises but not including the connection with a
power supply meter or other power supply source;
7. “Category” means the classification by which licenses and
electrical work may be limited. Such categories shall include but
shall not be limited to installation, maintenance, repair,
alteration, residential, oilfield , and commercial;
8. “Temporary journeyman electrician ” means any person other
than a person permanently licensed as a journeyman electrician or
electrical contractor in this state who meets the temporary
licensure requirements of Section 1685.1 of this title;
9. “Variance and Appeals Board ” means the Oklahoma State
Electrical Installation Code Variance and Appeals Board;
10. “Electrical construction work ” means installation,
fabrication or assembly of equipment or systems included in
“premises wiring” as defined in the National Electrical Code
(reference 158:40-1-4. Standard of Installation), and which is
hereby adopted and incorporated by reference. Electrical
construction work includes , but is not limited to , installation of
raceway systems used for any electrical purposes, and installation
of field-assembled systems such a s ice and snow melting, pipe -
tracing, and manufactured wiring systems. Electrical construction
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work shall not include in -plant work performed by employees of the
company owning the plant, work performed by telecommunications
employees for telecommunicatio ns companies, or installation of
factory-assembled appliances or machinery which is not part of the
premises wiring unless wiring interconnections external to the
equipment are required in the field; and
11. “Electrical work” means work consisting primari ly of the
layout, installation, maintenance, repair, testing or replacement of
all or part of electrical wires, conduits, apparatus, fixtures,
appliances or equipment for transmitting, carrying, controlling or
using electricity in, on, outside or attached to a building,
structure, property or premises. Electrical work shall not mean
work that is related to or facilitates the construction,
installation or maintenance of all or part of an electrical system,
but which does not involve actual work with any of the electrical
components provided in this definition ; and
12. “Student electrical intern ” means any person sixteen (16)
years of age or older who complies with the requirements for
registration under Section 1686 of this title .
B. Class 2 and Class 3 ci rcuits shall be exempt from the
requirements of electrical licensing of either an electrical
contractor or a journeyman electrician, provided the work is
performed in accordance with the National Fire Protection
Association 70 requirements for Class 2 and Class 3 circuits.
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SECTION 2. AMENDATORY 59 O.S. 2011, Section 1686, is
amended to read as follows:
Section 1686. A. The Construction Industries Board shall, upon
proper application and payment of fee, register as an electrical
apprentice and issue a certificate of such registration to any
person who furnishes satisfactory proof to the Board that the
applicant is:
1. Sixteen (16) years of age or over older; or
2. Enrolled in a school or federal training program for
electrical apprentices recognized by the Board , or employed as an
electrical apprentice with an active licensed electrical contractor.
B. The Construction Industries Board shall, upon proper
application and payment of fee, register as a student electrical
intern and issue a certificate of such registration to any person
who furnishes satisfactory proof to the Board that the applicant is:
1. Sixteen (16) years of age or older; and
2. Enrolled in high school and enrolled in a work -ready or
similar program recognized by the Board.
C. All applications for examination, license or renewal of
license shall be made in writing to the Board on forms provided, if
necessary, by the Board. All applications shall be accompanied by
the appropriate fee.
C. D. Apprentices and student electrical interns , when required
by the Board, shall provide such documents, statements or other
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information as may be necessary to submit to a national criminal
history record check as defined by Section 150.9 of Title 74 of the
Oklahoma Statutes.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 1688, is
amended to read as follows:
Section 1688. A. No license shall be issued for longer than
one (1) year, and all licenses shall expire on the last day in the
birth month of the lice nsee. A license may be renewed upon
application and payment of fees thirty (30) days preceding or
following the date the license is due. Licenses renewed more than
thirty (30) days following the date of expiration may be renewed
only upon application and payment of all required fees and payment
of any penalty for late renewal established by the Board and upon
compliance with any applicable continuing education requirements
established by the Board and this act the Electrical License Act .
No penalty for late renewal shall be charged to any holder of a
license which expires while the holder is in military service, if an
application for renewal is made within one (1) year following the
service discharge of the holder.
B. No journeyman or contractor license shall be renewed unless
the licensee has completed the required hours of continuing
education, as determined and approved by the Committee of Electrical
Examiners and approved by the Construction Industries Board.
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C. An apprentice registration certificate or a student intern
registration certificate shall be issued for one (1) year, at which
time the apprentice may reregister upon meeting the requirements of
the Construction Industries Board and paying the renewal fee.
SECTION 4. AMENDATORY 59 O.S. 2011, Section 1689, as
amended by Section 23, Chapter 313, O.S.L. 2015 (59 O.S. Supp. 2020,
Section 1689), is amended to read as follows:
Section 1689. A. The Construction Industries Board or its
designee and the Committee of Electrica l Examiners shall act as the
Electrical Hearing Board and shall comply with the provisions of
Article II of the Administrative Procedures Act, Section 308a et
seq. of Title 75 of the Oklahoma Statutes.
B. Any administrative hearing on suspensions, revocat ions or
fines shall be conducted by a hearing examiner appointed by the
Board. The hearing examiner ’s decision shall be a final decision
which may be appealed to a district court in accordance with the
Administrative Procedures Act.
C. The Electrical Hea ring Board may, upon its own motion, and
shall, upon written complaint filed by any person, investigate the
business transactions of any electrical contractor, journeyman
electrician or, electrical apprentice , student electrical intern or
poultry house contractor license. Upon a finding by clear and
convincing evidence, the Board shall suspend or revoke any license
or registration obtained by false or fraudulent representation.
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Upon a finding by clear and convincing evidence, the Board shall
also suspend or revoke any license or registration for any of the
following:
1. Making a material misstatement in the application for a
license or registration, or the renewal of a license or
registration;
2. Loaning or illegally using a license;
3. Demonstrating in competence to act as a journeyman
electrician or electrical contractor;
4. Violating any provisions of the Electrical License Act, or
any rule or order prescribed by the Board or any ordinance for the
installation of electrical facilities made or enacted by a city or
town by authority of the Electrical License Act;
5. Willfully failing to perform normal business obligations
without justifiable cause; or
6. Failing to maintain a registration or license as required by
law in another state while registered in this state as a nonresident
contractor.
D. Any person whose license or registration has been revoked by
the Electrical Hearing Board may apply for a new license one (1)
year from the date of such revocation.
E. Notwithstanding any other provision of l aw, a political
subdivision of this state that has adopted a nationally recognized
electrical code and appointed an inspector pursuant to the
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provisions of Section 1693 of this title or pursuant to the
provisions of the Oklahoma Inspectors Act for such wor k shall have
jurisdiction over the interpretation of the code and the
installation of all electrical work done in that political
subdivision, subject to the provisions of the Oklahoma Inspectors
Act. Provided, a state inspector may work directly with an
electrical contractor, journeyman electrician or, electrical
apprentice or student electrical intern in such a locality if a
violation of the code creates an immediate threat to life or health.
F. In the case of a complaint about, investigation of , or
inspection of any license, registration, permit or electrical work
in any political subdivision of this state which has not adopted a
nationally recognized electrical code and appointed an inspector
pursuant to the provisions of Section 1693 of this title or p ursuant
to the provisions of the Oklahoma Inspectors Act for such work, the
Construction Industries Board shall have jurisdiction over such
matters.
G. 1. No individual, business, company, corporation,
association or other entity subject to the provision s of the
Electrical License Act shall install, modify or alter electrical
facilities in any incorporated area of this state which has not
adopted a nationally recognized electrical code and appointed an
inspector pursuant to the provisions of Section 1693 of this title
or pursuant to the provisions of the Oklahoma Inspectors Act for
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such work without providing notice of such electrical work to the
Construction Industries Board. A notice form for reproduction by an
individual or entity required to make such notice shall be provided
by the Construction Industries Board upon request.
2. Notice to the Construction Industries Board pursuant to this
subsection shall not be required for electrical maintenance or
replacement of existing electrical appliances or fi xtures or of any
petroleum refinery or its research facilities.
3. Enforcement of this subsection is authorized pursuant to the
Electrical License Act, or under authority granted to the
Construction Industries Board.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1699 of Title 59, unless there
is created a duplication in numbering, reads as follows:
One student electrical intern is allowed to work per physical
job site with direct supervis ion under a single journeyman or
electrical contractor; provided, however, that no such student
electrical intern shall be counted against the maximum number of
apprentices who are allowed by law or regulation to work under the
supervision of a single jour neyman or contractor. A student
electrical intern is not allowed to work on high voltage systems
defined by the National Electrical Code.
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SECTION 6. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUS INESS AND COMMERCE, dated
04/07/2021 - DO PASS, As Coauthored.