PRINTER'S NO. 621 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.98 Session of 2025 INTRODUCED BY NEILSON, BRENNAN, SANCHEZ, SIEGEL, GIRAL, PIELLI, HILL-EVANS, HANBIDGE, CIRESI, GUENST, HADDOCK, SCHLOSSBERG, DELLOSO, BELLMON, GALLAGHER, FIEDLER AND GREEN, FEBRUARY 20, 2025 REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 20, 2025 AN ACT Providing for licensure of electrical contractors, electricians and apprentice electricians; establishing the State Board of Electrical Licensure; providing for powers and duties of the board; establishing fees, fines and penalties; and making an appropriation. TABLE OF CONTENTS Chapter 1. Preliminary Provisions Section 101. Short title. Section 102. Definitions. Chapter 3. State Board of Electrical Licensure Section 301. Board. Section 302. Powers and duties of board. Chapter 5. Licensure Section 501. Licensure. Section 502. Qualifications. Section 503. Continuing education. Section 504. Liability insurance. Section 505. Licensed electrical contractors and electricians 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 in other states. Section 506. Duration of license. Section 507. Reporting of multiple licensure. Chapter 7. Administration and Enforcement Section 701. Fees, fines and civil penalties. Section 702. Violations. Section 703. Suspension, revocation or refusal to issue license. Section 704. Suspensions and revocations. Section 705. Temporary and automatic suspensions. Section 706. Reinstatement of license. Section 707. Surrender of suspended or revoked license. Section 708. Injunction. Section 709. Subpoenas and oaths. Section 710. Municipalities. Chapter 21. Miscellaneous Provisions Section 2101. Appropriation. Section 2102. Regulations. Section 2103. Effective date. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS Section 101. Short title. This act shall be known and may be cited as the Electrical Contractor, Electrician and Apprentice Electrician Licensure Act. Section 102. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the 20250HB0098PN0621 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 context clearly indicates otherwise: "Board." The State Board of Electrical Licensure established under section 301(a). "Commissioner." The Commissioner of Professional and Occupational Affairs within the department. "Conviction." Includes a judgment, an admission of guilt or a plea of nolo contendere. "Department." The Department of State of the Commonwealth. "Director." The Director of the Bureau of Consumer Protection in the Office of Attorney General or a designee. "Electrical services." As follows: (1) The installation, erection, repair, removal, maintenance, demolition or alteration of a component of a premises wiring system as defined in the National Electrical Code, including work performed on all components of electrical equipment and systems in buildings and structures and on premises, on a temporary basis or permanently, for the generation, transmission, distribution and utilization of electrical energy. (2) The term does not include installations under the exclusive control of an electric utility for the purpose of communications, metering, generation, control, transformation or distribution of electrical energy on the line side of the service point. "Licensed apprentice electrician." An individual who is registered as an apprentice under the act of July 14, 1961 (P.L.604, No.304), known as The Apprenticeship and Training Act, and licensed by the State Board of Electrical Licensure as an individual whose principal occupation is learning and assisting in the performance of electrical services. 20250HB0098PN0621 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "Licensed electrical contractor." An individual who is licensed by the State Board of Electrical Licensure and engages in the business of contracting to perform electrical services. "Licensed electrician." An individual who is licensed by the State Board of Electrical Licensure and is authorized to perform electrical services. "Premises wiring system." As follows: (1) Interior and exterior wiring, including power, lighting, control and signal circuit wiring together with all associated hardware, fittings and wiring devices, both permanently and temporarily installed, including: (i) Wiring from the service point or power source to the outlets, including all electrical raceways, cable assemblies, enclosures, conductors, generation equipment, utilization/distribution equipment, hangers, supports, devices and all other parts and components used in systems to transmit electricity in or on buildings, structures or on premises. (ii) Wiring from and including the power source to the outlets where there is no service point. (2) Wiring under paragraph (1) does not include wiring internal to appliances, luminaries, motors, controllers, motor control centers and similar equipment. "Service point." The point of connection between the facilities of a serving utility and a premises wiring system. CHAPTER 3 STATE BOARD OF ELECTRICAL LICENSURE Section 301. Board. (a) Establishment.--The State Board of Electrical Licensure is established within the department. 20250HB0098PN0621 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (b) Composition.--The board shall consist of the following: (1) The commissioner. (2) The director. (3) Two public members. (4) One electrical inspector with a minimum of five years' experience inspecting electrical services. (5) Eight professional members as follows: (i) Two professional members must be electrical contractors subject to collective bargaining agreements. (ii) Two professional members must be electricians not subject to collective bargaining agreements. (iii) Two professional members must be electrical contractors not subject to collective bargaining agreements. (iv) Two professional members must be electricians subject to collective bargaining agreements. (v) The professional members must have been actively engaged in providing electrical services in this Commonwealth for at least 10 years immediately preceding appointment. (vi) Except as specified in subsection (e), professional members must be licensed under this act as an electrical contractor or electrician. (c) Meeting.--The board shall meet within 30 days after the appointment of the board's initial members and shall: (1) Establish procedures for the board's operation and administration of this act. (2) Develop application forms for licensure. (3) Circulate application forms. (4) Educate the public regarding the requirements of 20250HB0098PN0621 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 this act and providing electrical services in this Commonwealth. (d) Term of membership.--Except for the commissioner and the director or a designee, the following apply to members of the board: (1) Members shall be appointed by the Governor with the advice and consent of the Senate. (2) Members must be citizens of the United States and residents of this Commonwealth. (3) Except as provided in paragraph (4), members shall serve a term of four years or until a successor has been appointed and qualified, but in no event longer than six months beyond the four-year period. In the event that a member dies or resigns or otherwise is disqualified during the term of office, a successor shall be appointed in the same manner and with the same qualifications as the former member and shall hold office for the remainder of the unexpired term. A member shall not be eligible to hold more than two consecutive terms. (4) Members first appointed to the board under this act shall serve terms of office as follows: (i) Five members shall serve for terms of four years. (ii) Four members shall serve for terms of three years. (iii) Two members shall serve for terms of two years. (e) Professional members and initial appointments.--Within 180 days of the effective date of this subsection, the Governor shall nominate eleven members to initial terms under subsection 20250HB0098PN0621 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (d)(4). A professional member first appointed to the board under this act need not be licensed at the time of appointment but must satisfy eligibility requirements for licensure as provided in this act. (f) Quorum.--A majority of the current members of the board shall constitute a quorum. Except for temporary and automatic suspensions under section 705, a member may not be counted as part of a quorum or vote on any issue unless the member is physically in attendance at the meeting. (g) Chairperson.--The board shall annually select a chairperson from among the board's members. (h) Expenses.--With the exception of the commissioner and the director, each member of the board shall receive $60 per diem when actually attending to the work of the board. A member shall also receive the amount of reasonable travel, hotel and other necessary expenses incurred in the performance of the member's duties in accordance with Commonwealth regulations. (i) Forfeiture.--Except for the commissioner and the director, a member who fails to attend three consecutive meetings shall forfeit the member's seat unless the commissioner, upon written request from the member, finds the member should be excused from a meeting because of illness or the death of a family member. (j) Training seminars.--Except for the commissioner and the director, a member who fails to attend two consecutive statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, shall forfeit the member's seat unless the commissioner, upon written request from the member, finds that the member should be excused from a 20250HB0098PN0621 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 meeting because of illness, the death of a family member or another legitimate reason acceptable to the commissioner. (k) Frequency of meetings.--The board shall meet at least four times a year in the City of Harrisburg and at other additional times as may be necessary to conduct the business of the board. Section 302. Powers and duties of board. The board shall have the following powers and duties: (1) To provide for and regulate the licensing of individuals engaged in the provision of electrical services. (2) To issue, renew, reinstate, refuse to renew, suspend and revoke licenses as provided for in this act. (3) To administer and enforce the provisions of this act. (4) To contract with a professional testing organization to administer tests to qualified applicants seeking to be licensed as licensed electrical contractors, electricians or apprentice electricians as provided in this act. Written, oral or practical examinations shall be prepared and administered by a qualified and approved professional testing organization in the manner prescribed for written examinations in section 812.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (5) To investigate applications for licensure and to determine the eligibility of an individual applying for licensure. (6) To promulgate and enforce regulations, not inconsistent with this act, as necessary only to carry into effect the provisions of this act. This paragraph includes the setting of fees and the amount of professional liability 20250HB0098PN0621 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 insurance required by licensed electrical contractors. Regulations shall be adopted in conformity with the provisions of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (7) To keep minutes and records of all transactions and proceedings. (8) To keep and maintain a registry of individuals licensed by the board. The board shall provide access to the registry to the public, including making the registry available via electronic means. (9) To submit annually to the department an estimate of financial requirements of the board for administrative, legal and other expenses. (10) To annually submit a report to the Consumer Protection and Professional Licensure Committee of the Senate and the Professional Licensure Committee of the House of Representatives. The report shall include a description of the types of complaints reviewed, the status of cases, the action which has been taken and the length of time from initial complaint to final resolution. (11) To submit annually to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives, 15 days after the Governor has submitted a budget to the General Assembly, a copy of the budget request for the upcoming fiscal year that the board previously submitted to the department. CHAPTER 5 LICENSURE 20250HB0098PN0621 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 501. Licensure. (a) General rule.--Except as provided in subsections (d) and (g), an individual may not provide electrical services, offer the individual for employment as someone who may provide electrical services or hold the individual out as someone authorized to provide electrical services unless licensed as a licensed electrician by the board. (b) Business entities.--Subject to subsection (g), any individual, corporation, partnership, firm or other entity may not: (1) Contract to provide electrical services unless the individual, corporation, partnership, firm or other entity is licensed as a licensed electrical contractor in accordance with this act. (2) Enter into a contract for the provision of electrical services with an individual, corporation, partnership, firm or other entity that is not licensed as a licensed electrical contractor under this act. (3) Employ an individual to provide electrical services or direct an individual to provide electrical services unless the individual is licensed under this act. (4) Use the terms "licensed electrician" or "licensed electrical contractor" or another derivative in connection with the entity unless at least one employee or the owner of the entity is licensed as a licensed electrician or licensed electrical contractor in accordance with this act. (c) Title.--An individual, corporation, partnership, firm or other entity that holds a license as: (1) A licensed electrical contractor, or a licensed electrical contractor who is maintained on inactive status 20250HB0098PN0621 - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 under section 506(b), shall have the right to use the title "licensed electrical contractor" and the abbreviation "L.E.C." No other individual, corporation, partnership, firm or other entity may use the title "licensed electrical contractor" or the abbreviation "L.E.C." (2) A licensed electrician, or a licensed electrician who is maintained on inactive status under section 506(b), shall have the right to use the title "licensed electrician" and the abbreviation "L.E." No other individual may use the title "licensed electrician" or the abbreviation "L.E." (3) A licensed apprentice electrician or a licensed apprentice electrician who is maintained on inactive status under section 506(b) shall have the right to use the title "licensed apprentice electrician" and the abbreviation "L.A.E." No other individual may use the title "licensed apprentice electrician" or the abbreviation "L.A.E." (d) Apprentice.--An individual who is a licensed apprentice electrician may hold the individual out as being authorized to provide electrical services if the individual works under the direct onsite supervision of a licensed electrician, including a licensed electrical contractor. (e) Responsibility.--A licensed electrical contractor shall be responsible for inspecting and supervising electrical services performed by licensed electricians and licensed apprentice electricians employed to execute the contract. (f) Public notice of licensure.-- (1) A licensed electrical contractor shall prominently display the license number to the public on the official advertisements, contracts and proposals, letterhead and vehicles and via any other reasonable means determined by the 20250HB0098PN0621 - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 board. (2) An individual licensed under this act shall be required to carry proof of licensure at all times while performing electrical services. Proof of licensure shall be presented to any code official, emergency responder or law enforcement official upon request. (3) The manner and means by which the license information must be displayed and furnished shall be established by regulation of the board. (g) Exceptions to licensure.--This act shall not apply to and a license shall not be required for the following: (1) The replacement of lamps and fuses. (2) The connection of portable electronic appliances to permanently installed receptacles. (3) The installation, erection, repair, maintenance, removal, demolition or alteration of electrical equipment or electrical systems for generation, transmission, distribution or utilization of electrical energy in structures, facilities, buildings or premises owned or operated by a railway or the Federal Government. (4) Commercial radio and television transmission equipment. (5) The installation, erection, repair, maintenance, removal, demolition or alteration of electrical equipment or electrical systems for the generation, transmission, distribution or utilization of electrical energy of less than 10 volts. (6) The installation, erection, repair, maintenance, removal, demolition or alteration of electrical equipment under the exclusive control of a public utility or electrical 20250HB0098PN0621 - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 cooperative corporation if the equipment: (i) consists of service drops or service laterals and associated metering; (ii) is located in legally established easements or rights-of-way designated or recognized by public service commissions, utility commissions, political subdivisions or other regulatory agencies having jurisdiction for the installations; or (iii) is located on property owned or leased by the public utility or electrical cooperative corporation for the purpose of communications, metering, generation, control, transformation, transmission or distribution of electrical energy. Section 502. Qualifications. (a) Licensed electrical contractor.--To be eligible for licensure as a licensed electrical contractor, an applicant must fulfill the following requirements: (1) Be of good moral character. (2) Be at least 22 years of age. (3) Submit satisfactory proof to the board that the applicant has done one of the following: (i) Successfully completed a program as a licensed apprentice electrician. (ii) Successfully completed a program recognized by the board that trains individuals to provide electrical services. (iii) Acquired training and experience equivalent to that specified in subparagraph (i) or (ii), as determined by regulation of the board. (4) Pay the fee set by the board. 20250HB0098PN0621 - 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (5) Pass the examination provided by the board. (6) Submit satisfactory proof to the board that the applicant has worked at least 10,000 hours in electrical construction. (7) Submit satisfactory proof to the board of the acquisition of professional liability insurance in an amount set by the board. (b) Licensed electrician.--To be eligible for licensure as a licensed electrician, an applicant must fulfill the following requirements: (1) Be of good moral character. (2) Be at least 20 years of age. (3) Submit satisfactory proof to the board that the applicant has done one of the following: (i) Successfully completed a program as a licensed apprentice electrician. (ii) Completed a program recognized by the board that trains individuals to provide electrical services. (iii) Acquired training and experience equivalent to that specified in subparagraph (i) or (ii), as determined by regulation of the board. (4) Pay the fee set by the board. (5) Pass the examination provided by the board. (c) Licensed apprentice electrician.--To be eligible for licensure as a licensed apprentice electrician, an applicant must fulfill the following requirements: (1) Be of good moral character. (2) Be at least 16 years of age. (3) Register with the Department of Labor and Industry as specified in the act of July 14, 1961 (P.L.604, No.304), 20250HB0098PN0621 - 14 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 known as The Apprenticeship and Training Act. The applicant shall submit proof of current registration to the board. (4) Pay the fee set by the board. (d) Renewal of license of licensed apprentice electrician.-- (1) In the case of a licensed apprentice electrician applying for renewal of a license if registration under subsection (c)(3) has expired or otherwise lapsed before the biennial renewal cycle will expire, the licensed apprentice electrician shall submit evidence satisfactory to the board that the licensed apprentice electrician has renewed registration. (2) Failure to notify the board within 30 days that registration has expired or otherwise lapsed shall subject the licensed apprentice electrician to disciplinary action. In the case of a licensed apprentice electrician whose registration has expired or otherwise lapsed, the license shall immediately be placed on inactive status by the board. (3) The board shall promulgate regulations in order to carry out the provisions of this subsection, including regulations specifying the evidence necessary to demonstrate renewal of registration. (e) Waiver of examination.--Notwithstanding the provisions of subsections (a)(5) and (b)(5), the board may grant a license to an individual applying for a license under this act without examination if: (1) The individual applies within one year of the effective date of section 501. (2) The individual meets the requirement of age and character and pays the required fee. (3) For an individual applying for a license as a 20250HB0098PN0621 - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 licensed electrician under this subsection, the individual either: (i) submits proof satisfactory to the board of being a current holder of an electrician license issued by a municipality of this Commonwealth, provided that the licensing requirements of the municipality are not less restrictive than this act or regulation of the board; or (ii) submits proof satisfactory to the board of at least five years of prior experience providing electrical services. (4) For an individual applying for a license as a licensed electrical contractor under this subsection, the individual submits proof satisfactory to the board of currently holding an electrical contractor license issued by a municipality of this Commonwealth. (f) Convictions prohibited.--The board may not issue a license to an individual who has been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or convicted of a felony related to a controlled substance in a court of law of the United States or any other state, territory or country unless: (1) At least 10 years have elapsed from the date of conviction. (2) The individual satisfactorily demonstrates to the board that the individual has made significant progress in personal rehabilitation since the conviction such that licensure of the individual should not be expected to create a substantial risk of harm to the health and safety of the public or a substantial risk of further criminal violations. 20250HB0098PN0621 - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (3) The individual otherwise satisfies the qualifications provided in this act. An individual's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction unless the board has evidence to the contrary. (g) Death or disability of licensed electrical contractor and continuance of business.--In the event of the death, illness or other physical disability of a licensee who qualified a business as a licensed electrical contractor, a person may continue to conduct the business as an electrical contractor for at least six months following the date of the licensee's death, illness or other physical disability as long as the business is conducted under qualified supervision as the board deems adequate. Section 503. Continuing education. (a) Regulations.-- (1) The board shall adopt, promulgate and enforce rules and regulations consistent with the provisions of this act establishing continuing education to be met by individuals licensed as electrical contractors and electricians under this act. Regulations shall include any fees necessary for the board to carry out its responsibilities under this section. (2) The board may waive all or part of the continuing education requirement for an individual who submits evidence satisfactory to the board that the individual was unable to complete the requirement due to illness, emergency, military service or other hardship. (3) All courses, materials, locations and instructors 20250HB0098PN0621 - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 shall be approved by the board. (4) No credit may be given for a course in office management or practice building. (b) Requirement.--Beginning with the licensure period designated by regulation: (1) An individual applying for renewal of a license as a licensed electrical contractor must obtain 24 hours of continuing education during the three calendar years immediately preceding the application for renewal. (2) An individual applying for renewal of a license as a licensed electrician must obtain 12 hours of continuing education during the three calendar years immediately preceding the application for renewal. Section 504. Liability insurance. (a) General rule.--As a condition of triennial renewal, a licensed electrical contractor shall submit evidence satisfactory to the board of the acquisition and maintenance of professional liability insurance in the amount set by the board. (b) Inactive status.-- (1) In the case of the insurance being revoked, canceled or otherwise lapsing, the licensed electrical contractor shall notify the board in writing within 30 days. In such a case, the board shall immediately place the license of a licensed electrical contractor on inactive status. (2) Failure to notify the board in writing within 30 days as required under paragraph (1) shall subject the licensed electrical contractor to disciplinary action. Section 505. Licensed electrical contractors and electricians in other states. (a) Reciprocity established.--Subject to subsection (b), the 20250HB0098PN0621 - 18 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 board may issue a license without examination to an individual who is licensed as an electrical contractor or electrician in any other state, territory or possession of the United States if all of the following requirements are met: (1) The individual meets the requirements as to character, age and absence of convictions. (2) The individual pays the required fee. (3) The standards for licensure in the other state, territory or possession meet or exceed the standards specified in this act. (b) Requirement.--For an individual to be eligible to apply for a license as a licensed electrical contractor or licensed electrician under subsection (a), the other state, territory or possession of the United States that licensed the individual must provide an opportunity for reciprocal licensure which is substantially similar to the opportunity provided by the Commonwealth under this section. Section 506. Duration of license. (a) Duration of license.-- (1) A license issued under this act shall be on a triennial basis. The triennial expiration date shall be established by regulation of the board. (2) Application for renewal of a license shall triennially be forwarded to an individual holding a current license prior to the expiration date of the current triennium. (3) For individuals applying for licensure or renewal of licensure as a licensed apprentice electrician, the application form must indicate whether registration as an apprentice under the act of July 14, 1961 (P.L.604, No.304), 20250HB0098PN0621 - 19 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 known as The Apprenticeship and Training Act, has expired or otherwise lapsed before the triennial renewal cycle will expire. (b) Inactive status.-- (1) An individual licensed under this act may request an application for inactive status. The application form may be completed and returned to the board. (2) Upon receipt of an application, the individual shall be maintained on inactive status without fee and shall be entitled to apply for a licensure renewal at any time. (3) An individual who requests the board to activate the individual's license and has been on inactive status shall, prior to receiving an active license, satisfy the requirements of the board's regulations regarding continuing education and remit the required fee. (4) In the case of a licensed apprentice electrician who is placed on inactive status under section 502(d), the licensed apprentice electrician shall provide evidence to the board of renewal of registration before the board may activate the license. (5) The board shall promulgate regulations to carry into effect the provisions of this subsection. Section 507. Reporting of multiple licensure. (a) Duty to report.--A licensee who is licensed as an electrical contractor or electrician in another state, territory, or possession of the United States or another country shall report this information to the board on the triennial registration application. Disciplinary action taken in another state, territory, or possession of the United States or another country shall be reported to the board on the triennial 20250HB0098PN0621 - 20 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 registration application or within 90 days of final disposition, whichever is sooner. (b) Notice to other states.--Multiple licensure shall be noted by the board on the individual's record and the state, territory, or possession of the United States or another country that licensed the individual shall be notified by the board of disciplinary action taken against the licensee in this Commonwealth. CHAPTER 7 ADMINISTRATION AND ENFORCEMENT Section 701. Fees, fines and civil penalties. (a) Fees.-- (1) Fees required under this act shall be fixed by the board by regulation and shall be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (2) If the revenues raised by the fees, fines and civil penalties imposed under this act are insufficient to meet expenditures over a three-year period, the board shall increase those fees by regulation so that projected revenues will meet or exceed projected expenditures. (b) Fee increase.--If the Bureau of Professional and Occupational Affairs determines that the fees established by the board under subsection (a) are insufficient to meet the minimum enforcement efforts required by this act, the Bureau of Professional and Occupational Affairs, after consultation with the board and subject to the Regulatory Review Act, shall increase the fees by regulation in an amount such that adequate revenues are raised to meet the required enforcement effort. (c) Account.--Fees, fines and civil penalties imposed in 20250HB0098PN0621 - 21 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 accordance with this act shall be paid into the Professional Licensure Augmentation Account established under and for use in accordance with the act of July 1, 1978 (P.L.700, No.124), known as the Bureau of Professional and Occupational Affairs Fee Act. (d) Renewal fee.--The board may charge a fee, as set by the board by regulation, for licensure, for renewing licensure and for other services of the board as permitted by this act or by regulation. Section 702. Violations. (a) General rule.--An individual or the responsible officer or employee of a corporation, partnership, firm or other entity who violates a provision of this act or a regulation of the board commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $2,000 or to imprisonment for not more than six months for the first violation. For the second and each subsequent conviction, the person convicted shall be sentenced to pay a fine of not less than $2,000 nor more than $5,000 or to imprisonment for not less than six months nor more than one year, or both. (b) Civil penalty.--In addition to any other civil remedy or criminal penalty provided for in this act, the board by a vote of the majority of the maximum number of the authorized membership of the board as provided by law or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to $10,000 for any of the following: (1) A licensee who violates a provision of this act or regulation of the board. (2) An individual who performs or contracts to perform electrical services in violation of this act. 20250HB0098PN0621 - 22 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (3) An individual who holds the individual out as someone authorized to perform electrical services without being properly licensed as provided for in this act. (4) The responsible officers or employees of a corporation, partnership, firm or other entity violating a provision of this act. (c) Procedure.--The board shall levy the civil penalty specified in subsection (b) only after affording the accused the opportunity for a hearing as provided for in 2 Pa.C.S. (relating to administrative law and procedure). Section 703. Suspension, revocation or refusal to issue license. (a) General authority.--The board may refuse to issue, suspend or revoke a license if the board finds: (1) The licensee is negligent or incompetent in the performance of electrical services. (2) The licensee is unable to perform electrical services with reasonable skill and safety by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination, as long as the dependence continues. The following apply: (i) In enforcing this paragraph, the board may, upon probable cause, compel a licensee to submit to a mental or physical examination as designated by the board. (ii) After notice, hearing, adjudication and appeal, failure of a licensee to submit to an examination when directed shall constitute an admission of the allegations unless failure is due to circumstances beyond the 20250HB0098PN0621 - 23 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 licensee's control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. (iii) An individual affected under this paragraph shall at reasonable intervals be afforded the opportunity to demonstrate that the individual can resume competent, safe and skillful performance of electrical services. (3) The licensee has violated a provision of this act or a regulation of the board. (4) The licensee has committed fraud or deceit in: (i) the performance of electrical services; or (ii) securing licensure. (5) The licensee has been convicted of a felony or a crime of moral turpitude or been convicted of a misdemeanor related to providing electrical services or received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges in the courts of this Commonwealth, the United States, another state, territory or possession of the United States or another country. (6) The licensee has had the licensee's license to practice as an electrician or electrical contractor suspended or revoked or has received other disciplinary action by the proper licensing authority in another state, territory or possession of the United States or another country. (7) With respect to the provision of electrical services, the licensee has acted in such a manner as to present an immediate and clear danger to health, safety or property. (8) The licensed electrical contractor failed to 20250HB0098PN0621 - 24 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 properly direct and supervise licensed electricians and licensed apprentice electricians who perform under a contract. (9) In the case of a licensed electrician responsible for the direct onsite supervision of a licensed apprentice electrician, the licensed electrician failed to provide the proper supervision. (10) The licensee possessed, used, acquired or distributed a controlled substance. (11) The licensee has been guilty of unprofessional conduct, including departure from or failing to conform to operating practices or professional standards embraced by the licensed electricians' community in this Commonwealth and failing to conform to recognized electrical safety standards, including the National Electrical Code in effect in this Commonwealth, and applicable municipal ordinances related to health and safety. In a proceeding based on this paragraph, actual injury to a person or damage to property need not be established. (12) The licensee falsely advertised or made misleading, deceptive, untrue or fraudulent material representations regarding licensure or in the performance of electrical services. (13) Unless waived by the board in accordance with section 503, the licensee failed to satisfy the continuing education requirements of this act. (b) Acts authorized.--When the board finds that the license of an individual may be refused, suspended or revoked under subsection (a), the board may: (1) Deny the application for a license. 20250HB0098PN0621 - 25 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (2) Impose a fine. (3) Administer a public reprimand. (4) Suspend, revoke, limit or otherwise restrict a license. (5) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board. (6) Suspend enforcement of the board's finding and place a licensee on probation with the right to vacate the probationary order for noncompliance. (7) Restore or reissue, at the board's discretion, a suspended license and impose any disciplinary or corrective measure which the board might originally have imposed. Section 704. Suspensions and revocations. A suspension or revocation shall be made only in accordance with the regulations of the board and only by majority vote of the members of the board after a hearing. An action of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal, in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure). The board, by majority action and in accordance with the board's regulations, may reissue a license which has been suspended. If a license has been revoked, the board shall reissue a license only in accordance with section 706. Section 705. Temporary and automatic suspensions. (a) Procedure.-- (1) A license issued under this act may be temporarily suspended under circumstances determined by the board to be an immediate and clear danger to public health, safety or property. The board shall issue an order of temporary 20250HB0098PN0621 - 26 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 suspension without a hearing, but upon due notice, to the licensee concerned at the licensee's last known address, which shall include a written statement of all allegations against the licensee. The provisions of section 704 shall not apply to temporary suspension. (2) The board shall commence formal action to suspend, revoke or restrict the license of the individual as otherwise provided for in this act. (3) All actions shall be taken promptly and without delay. (4) Within 30 days following the issuance of an order temporarily suspending a license, the board shall conduct or cause to be conducted a preliminary hearing to determine if there is a prima facie case supporting the suspension. The individual whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. (5) If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than 180 days. (b) Commitment of licensee.-- (1) A license issued under this act shall automatically be suspended upon: (i) the legal commitment of a licensee to an institution because of mental incapacity from any cause upon filing with the board a certified copy of the legal commitment; 20250HB0098PN0621 - 27 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (ii) conviction of a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act; or (iii) conviction of an offense under the laws of another jurisdiction, which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act. (2) Automatic suspension under this subsection may not be stayed pending an appeal of a conviction. (3) Restoration of the license shall be made as provided in the case of revocation or suspension of a license. Section 706. Reinstatement of license. Unless ordered to do so by Commonwealth Court or an appeal therefrom, the board may not reinstate an individual's license that has been revoked. An individual whose license has been revoked may reapply for a license after a period of at least five years but must meet all of the licensing requirements of this act. Section 707. Surrender of suspended or revoked license. An individual whose license has been suspended or revoked shall return the license in such manner as the board directs. Failure to surrender the license, shall be a misdemeanor of the third degree. Section 708. Injunction. When, in the judgment of the board, a person has engaged in an act or practice that constitutes or will constitute a violation of this act, the board or its agents may make application to the appropriate court for an order enjoining the act or practice. Upon a showing by the board that the person has engaged or is about to engage in the act or practice, an 20250HB0098PN0621 - 28 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 injunction, restraining order or other order as may be appropriate shall be granted by the court. The remedy by injunction is in addition to any other civil or criminal prosecution and punishment. Section 709. Subpoenas and oaths. (a) Authority granted.-- (1) The board may issue subpoenas, upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before the board, for the purpose of investigating alleged violations of this act or regulation of the board. The board may subpoena witnesses, administer oaths, examine witnesses and take testimony or compel the production of books, records, papers and documents as the board may deem necessary or proper in and pertinent to any proceeding, investigation or hearing held or had by the board. (2) The board may apply to Commonwealth Court to enforce any subpoena of the board. (3) The court may impose limitations in the scope of the subpoena as is necessary to prevent unnecessary intrusion into client confidential information. (b) Disciplinary matters.--An attorney authorized to represent the Commonwealth in disciplinary matters before the board shall maintain current records of all reported alleged violations and shall periodically review the records for the purpose of determining that each alleged violation has been resolved in a timely manner. Section 710. Municipalities. (a) Municipal license prohibited.-- (1) Licensure under this act shall be acceptable to a 20250HB0098PN0621 - 29 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 municipality in this Commonwealth as proof of competence to perform electrical services, and no municipality may require an individual licensed under this act to obtain an additional license to perform electrical services. (2) Unless otherwise provided in this act, a local ordinance or regulation concerning the qualifications, fitness and competence of individuals to perform electrical services is preempted and superseded. (b) Certain powers preserved.--Nothing in this act may be construed to prevent a municipality from: (1) levying lawful taxes and fees; (2) requiring the purchase of a business privilege license that is unrelated to demonstrating competence in the performance of electrical services; (3) denying or revoking permits for failing to comply with ordinances that are not inconsistent with this act or regulation of the board; (4) enforcing ordinances related to health and safety; or (5) pursuant to an ordinance, inspecting or regulating the manner in which electrical services are performed. CHAPTER 21 MISCELLANEOUS PROVISIONS Section 2101. Appropriation. The sum of $85,000, or as much thereof as may be necessary, is appropriated from the Professional Licensure Augmentation Account to the department for the payment of costs associated with processing licenses and renewing licenses, for the operation of the board and for other costs associated with this act. The appropriation shall be repaid by the board within three 20250HB0098PN0621 - 30 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 years of the beginning of issuance of licenses by the board. Section 2102. Regulations. Within 18 months of the effective date of this section, the board shall promulgate regulations to administer this act. Section 2103. Effective date. This act shall take effect as follows: (1) Sections 501, 505 and 702 shall take effect in two years. (2) This section shall take effect immediately. (3) The remainder of this act shall take effect in 60 days. 20250HB0098PN0621 - 31 - 1 2 3 4 5 6 7 8 9 10 11