Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB317 Engrossed / Bill

Filed 03/10/2021

                     
 
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ENGROSSED SENATE 
BILL NO. 317 	By: Daniels of the Senate 
 
  and 
 
  Sims 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 O KLAHOMA: 
SECTION 1.     AMENDATORY     59 O.S. 2011, Sect ion 1682, as 
amended by Section 1, Chapter 17, O.S.L. 2018 (59 O.S. Supp. 2020, 
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; 
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 p rincipal occupation is the lear ning of and   
 
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assisting in the installation of electrical work under the di rect 
supervision of a licensed journeyman electrician or electrical 
contractor; 
4. “Journeyman electrician” means any person othe r than an 
electrical contractor who engages in the ac tual installation, 
alteration, repair or renovation of electrical facilit ies 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 regula tions 
governing such work.  Electrical c ontractor also means any 
individual, firm, partn ership, corporation, l imited liability 
company, or business performing skills of an electrical contractor 
or an electrician or the business of contracting, or furnishin g 
labor or labor and materials for the i nstallation, repair, 
maintenance or renovation o f electrical facilitie s or electrical 
construction work according to the provisions of the Electrical 
License Act; 
6.  “Electrical facilities” means all wiring, fixture s, 
appurtenances, and appliances for, an d in connection with, a supply 
of electricity within or adjacent to an y building, structure or 
conveyance on the premises but not including the connection with a 
power supply meter or other power supply source;   
 
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7.  “Category” means the classification by wh ich licenses and 
electrical work may be limited.  Such categories shal l include but 
shall not be limited to installation, maintenance, repair, 
alteration, residential, oilfie ld, and commercial; 
8.  “Temporary journeyman electrician” means any person other 
than a person permanently licensed as a journeym an 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 Cod e 
(reference 158:40-1-4.  Standard of Installation), and which is 
hereby adopted and inc orporated by reference .  Electrical 
construction work includes, but is not limited to, installation of 
raceway systems used fo r any electrical purposes, and installatio n 
of field-assembled systems such as ice and snow melting, pipe-
tracing, and manufactured wiring systems.  Ele ctrical construction 
work shall not include in-plant work performed by employees of the 
company owning the plant, work performed by telecommunicat ions 
employees for telecommunications co mpanies, or installation of 
factory-assembled appliances or machinery which is not part of the   
 
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premises wiring unless wiring interconnections external to the 
equipment are required in the field; and 
11.  “Electrical work” means work consisting primarily of the 
layout, installation, maintenance, repair, testing or replacement of 
all or part of electrical w ires, conduits, apparatus, fixtures, 
appliances or equipment for transmit ting, carrying, controlling or 
using electricity in, on, outside or attached to a building, 
structure, property or premises.  Elec trical 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 e lectrical 
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 ti tle. 
B.  Class 2 and Class 3 circuits shall be exempt from the 
requirements of electrical licensing of eit her an electrical 
contractor or a journeyman electrician, provided t he work is 
performed in accordance with the National Fire Prot ection 
Association 70 requirements for Cla ss 2 and Class 3 circuits. 
SECTION 2.     AMENDATORY     59 O.S. 2 011, Section 1686, is 
amended to read as follows: 
Section 1686. A.  The Construction Industrie s Board shall, upon 
proper application and payment of fee, register as an electrical   
 
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apprentice and issue a certificate of such registratio n to any 
person who furnishes satisfactory proof to t he 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 electri cal contractor. 
B.  The Construction Industries Board shall, up on proper 
application and payment of fee, register as a student electrical 
intern and issue a certificate of such registration to any person 
who furnishes satisf actory proof to the Board that t he 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, lic ense or renewal of 
license shall be made in writing t o 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 docu ments, statements or other 
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.   
 
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SECTION 3.     AMENDATORY     59 O.S. 2011, Section 1688, i s 
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 licensee . A license may be renewed upon 
application and payment of fees thirt y (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 pay ment of all required fees and payment 
of any penalty for late renewal established by the Board and upo n 
compliance with any applicable continuing education requireme nts 
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 whil e the holder is in military serv ice, if an 
application for renewal is made within one (1) year following the 
service discharge of the holder. 
B.  No journeyman or contractor license shal l be renewed unless 
the licensee has compl eted the required hours of c ontinuing 
education, as determined and approved by the Committee of Electrical 
Examiners and approved by the Construction Industries Board. 
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 .   
 
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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 Electrical Ex aminers 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, revocations or 
fines shall be conducted by a hearing examine r appointed by the 
Board.  The hearing examiner ’s decision shall be a final decision 
which may be appealed to a district c ourt in accordance with the 
Administrative Procedures Act. 
C.  The Electrical Hearing Board may, upon its own motion, and 
shall, upon written complaint filed by any person, investigate th e 
business transactions of any electrical contractor, journeyman 
electrician or, electrical apprentice , student electrical intern or 
poultry house contrac tor license.  Upon a finding by clear and 
convincing evidence, the Board shall suspend or revoke any l icense 
or registration obtained by fals e or fraudulent representation.  
Upon a finding by clear and convincing evidence, the Board s hall 
also suspend or revoke any license or registration for any of the 
following:   
 
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1.  Making a material misstatement in the application for a 
license or registrati on, or the renewal of a license or 
registration; 
2.  Loaning or illegally using a license; 
3. Demonstrating incomp etence to act as a journeyman 
electrician or electrical contractor; 
4.  Violating any provisions of th e Electrical License Act, or 
any rule or order prescribed by the Board or any ord inance for the 
installation of electrical facilitie s made or enacted by a city or 
town by authority of the Electrical Lice nse Act; 
5.  Willfully failing to perform normal busi ness obligations 
without justifiable ca use; or 
6.  Failing to maintain a registra tion or license as required by 
law in another state while registered in t his state as a nonresident 
contractor. 
D.  Any person whose license or registration has been revoked b y 
the Electrical Hearing Board may appl y for a new license one (1) 
year from the date of such revocation. 
E.  Notwithstanding any ot her provision of law, a political 
subdivision of this state that has ad opted a nationally recognized 
electrical code and app ointed an inspector pursuant to the 
provisions of Section 1693 of this title or p ursuant to the 
provisions of the Oklahoma Inspector s Act for such work sh all have 
jurisdiction over the interpretation of the code and the   
 
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installation of all electrical work done in that political 
subdivision, subject to the provisions of the Oklahoma Ins pectors 
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 electr ical work 
in any political subdivision of this state which has not adopted a 
nationally recognized elect rical code and appointed an inspector 
pursuant to the provisions of Section 1693 of this title or pursu ant 
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 provisions of the 
Electrical License Act shall install, modify or alter electrical 
facilities in any incorporated a rea of this state which has not 
adopted a nationally recognized electrical code and appointed an 
inspector pursuant to the provisions of Section 1693 of t his title 
or pursuant to the provisions of the Ok lahoma Inspectors Act for 
such work without providing notice of such electrical work to the 
Construction Industries Board.  A notice form for reproduction by an   
 
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individual or entity required to make such not ice shall be provided 
by the Construction Industr ies Board upon request. 
2.  Notice to the Constructio n Industries Board pursuant to this 
subsection shall not be required for electrical maintenance or 
replacement of existing electrical appliances or fixtur es or of any 
petroleum refinery or its research f acilities. 
3.  Enforcement of this subsection is auth orized pursuant to the 
Electrical License Act, or u nder authority granted to the 
Construction Industri es Board. 
SECTION 5.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1699 of Title 59, unless ther e 
is created a duplication in numbering, reads as f ollows: 
One student electrical intern is allowed to work per physical 
job site with direct supervision 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 journeym an or contractor. A student 
electrical intern is not allowed to work on high voltage systems 
defined by the National Electrical Code. 
SECTION 6.  This act shall become effective November 1, 202 1.   
 
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Passed the Senate the 9th day of March, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of ________ __, 
2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives