Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB98 Latest Draft

Bill / Introduced Version

                             
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 
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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 
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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.
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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.
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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 
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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 
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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 
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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 
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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
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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 
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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 
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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 
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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.
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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), 
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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 
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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.
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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 
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(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 
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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), 
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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 
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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 
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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.
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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 
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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 
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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.
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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 
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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;
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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 
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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 
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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 
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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.
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