House File 2495
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 114)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for and requiring the statewide licensure of
2 electricians and installers, providing for registration of
3 apprentice electricians, establishing fees, providing
4 penalties, and providing an effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6859HV 80
7 rn/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 542A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Apprentice electrician" means a person, other than a
1 5 licensee under this chapter, who is engaged, as the person's
1 6 principal occupation, in learning and assisting in the
1 7 installation of electrical wiring, electrical apparatus, and
1 8 electrical equipment as an employee of a licensee under this
1 9 chapter.
1 10 2. "Board" means the electrician examining board created
1 11 under section 542A.3.
1 12 3. "Class A master electrician/electrical contractor"
1 13 means a person having the necessary qualifications, training,
1 14 experience, and technical knowledge to plan, lay out, install,
1 15 and supervise the installation of electrical wiring,
1 16 electrical apparatus, and electrical equipment for electric
1 17 light, heat, power, and other purposes and to supervise
1 18 apprentice electricians.
1 19 4. "Class A journeyman electrician" means a person having
1 20 the necessary qualifications, training, experience, and
1 21 technical knowledge to wire for or install electrical wiring,
1 22 electrical apparatus, and electrical equipment and to
1 23 supervise apprentice electricians.
1 24 5. "Class B master electrician/electrical contractor"
1 25 means a person having the necessary qualifications, training,
1 26 experience, and technical knowledge to plan, lay out, install,
1 27 and supervise the installation of electrical wiring,
1 28 electrical apparatus, and electrical equipment for single=
1 29 phase systems of not over four hundred ampere capacity for
1 30 light, heat, power, and other purposes in any structure used
1 31 and maintained as a residential dwelling but not larger than a
1 32 four=family dwelling.
1 33 6. "Class B journeyman electrician" means a person having
1 34 the necessary qualifications, training, experience, and
1 35 technical knowledge to wire for or install electrical wiring,
2 1 electrical apparatus, and electrical equipment for single=
2 2 phase systems of not over four hundred ampere capacity for
2 3 light, heat, power, and other purposes in any structure used
2 4 and maintained as a residential dwelling but not larger than a
2 5 four=family dwelling.
2 6 7. "Electrical inspector" means a person certified as an
2 7 electrical inspector upon such reasonable conditions as may be
2 8 adopted by the board. The board may permit more than one
2 9 class of electrical inspector.
2 10 8. "Fire alarm installer" means a person having the
2 11 necessary qualifications, training, and experience to plan,
2 12 lay out, and install electrical wiring, electrical apparatus,
2 13 and electrical equipment for only those components of fire
2 14 alarm systems that operate at fifty volts or less.
2 15 9. "Installer" means a person who has the necessary
2 16 qualifications, training, experience, and technical knowledge
2 17 to lay out and install electrical wiring, electrical
2 18 apparatus, and electrical equipment for major electrical home
2 19 appliances on the load side of the main service.
2 20 10. "Special electrician" means a person having the
2 21 necessary qualifications, training, and experience in wiring
2 22 or installing special classes of electrical wiring, electrical
2 23 apparatus, or electrical equipment, including irrigation
2 24 system wiring, well pump wiring, residential=type air
2 25 conditioning wiring, and sign wiring.
2 26 Sec. 2. NEW SECTION. 542A.2 CHAPTER INAPPLICABILITY.
2 27 This chapter does not apply to a person licensed as an
2 28 engineer pursuant to chapter 542B or licensed as an architect
2 29 pursuant to chapter 544A providing consultations and
2 30 developing plans concerning electrical installations who is
2 31 exclusively engaged in the practice of the person's
2 32 profession. The chapter does not apply to an employee of an
2 33 electric public utility regulated by chapter 476 while acting
2 34 in the course of employment and performing a function on the
2 35 line side of any metering device.
3 1 Sec. 3. NEW SECTION. 542A.3 ELECTRICIAN EXAMINING BOARD
3 2 CREATED.
3 3 An electrician examining board is created within the
3 4 professional licensing and regulation division of the
3 5 department of commerce. The board shall consist of seven
3 6 members, appointed by the governor and subject to senate
3 7 confirmation, all of whom shall be residents of this state.
3 8 Two members shall be journeyman electricians, one a member of
3 9 an electrical workers union working under a collective
3 10 bargaining agreement and one not a member of a union; two
3 11 members shall be master electricians/electrical contractors,
3 12 one of whom is a contractor signed to a collective bargaining
3 13 agreement and one of whom is a nonunion contractor; one member
3 14 shall be an electrical inspector; and two members, one a union
3 15 member working under a collective bargaining agreement and one
3 16 a nonunion member, shall not be a member of any of the
3 17 aforementioned groups and shall represent the general public.
3 18 The public members of the board shall be allowed to
3 19 participate in administrative, clerical, or ministerial
3 20 functions incident to giving a licensure examination, but
3 21 shall not determine the content of the examination or
3 22 determine the correctness of the answers. Professional
3 23 associations or societies composed of licensed electricians
3 24 may recommend to the governor the names of potential board
3 25 members whose profession is representative of that association
3 26 or society. However, the governor is not bound by the
3 27 recommendations. A board member shall not be required to be a
3 28 member of any professional electrician association or society.
3 29 Sec. 4. NEW SECTION. 542A.4 TERMS OF OFFICE == EXPENSES
3 30 == COUNSEL.
3 31 1. Appointments to the board shall be for three=year terms
3 32 and shall commence and end as provided by section 69.19.
3 33 Vacancies shall be filled for the unexpired term by
3 34 appointment of the governor and shall be subject to senate
3 35 confirmation. Members shall serve no more than three terms or
4 1 nine years, whichever is least.
4 2 2. Members of the board are entitled to receive all actual
4 3 expenses incurred in the discharge of their duties within the
4 4 limits of funds appropriated to the board. Each member of the
4 5 board may also be eligible to receive compensation as provided
4 6 in section 7E.6.
4 7 3. The board shall be entitled to the counsel and to the
4 8 services of the attorney general. The board may compel the
4 9 attendance of witnesses, pay witness fees and mileage, take
4 10 testimony and proofs, and administer oaths concerning any
4 11 matter within its jurisdiction.
4 12 Sec. 5. NEW SECTION. 542A.5 ORGANIZATION OF THE BOARD.
4 13 The board shall elect annually from its members a
4 14 chairperson and a vice chairperson. The administrator of the
4 15 professional licensing and regulation division of the
4 16 department of commerce shall hire and provide staff to assist
4 17 the board in administering this chapter. The board shall hold
4 18 at least one meeting at the location of the board's principal
4 19 office, and meetings shall be called at other times by the
4 20 chairperson or four members of the board. At any meeting of
4 21 the board, a majority of members constitutes a quorum.
4 22 Sec. 6. NEW SECTION. 542A.6 OFFICIAL SEAL == BYLAWS.
4 23 The board shall adopt and have an official seal which shall
4 24 be affixed to all certificates of licensure granted.
4 25 Sec. 7. NEW SECTION. 542A.7 POWERS AND DUTIES.
4 26 The board shall:
4 27 1. Adopt rules pursuant to chapter 17A and in doing so
4 28 shall be governed by the minimum standards set forth in the
4 29 national electrical code issued and adopted by the national
4 30 fire protection association in 2002, publication number 70=
4 31 2002, which code shall be filed in the offices of the
4 32 secretary of state and the board and shall be a public record.
4 33 The board shall update these rules on a timely basis to
4 34 conform with subsequent editions of the national electrical
4 35 code.
5 1 2. Adopt rules, in coordination with the department of
5 2 inspections and appeals, relating to inspection procedures,
5 3 standards, and schedules with regard to complaints concerning
5 4 electrical wiring installed by licensees pursuant to this
5 5 chapter. Rules providing for additional inspections and
5 6 reviews based on complaints received by the board shall
5 7 require commencement of an additional inspection or review
5 8 within forty=eight hours of receipt of a complaint.
5 9 3. Revoke, suspend, or refuse to renew any license granted
5 10 pursuant to this chapter if the licensee:
5 11 a. Violates any provision of the national electrical code
5 12 as adopted pursuant to subsection 1 or an applicable, locally
5 13 adopted electrical code, or any provision of this chapter or a
5 14 rule adopted pursuant to this chapter.
5 15 b. Fails or refuses to pay any application, examination,
5 16 apprentice registration, or license renewal fee required by
5 17 law.
5 18 c. Is an master electrician/electrical contractor or
5 19 master electrician and fails or refuses to provide and keep in
5 20 force a public liability insurance policy as required by the
5 21 board.
5 22 d. Violates any city=approved or county=approved
5 23 inspection ordinance.
5 24 4. Order disconnection of power to any electrical
5 25 installation that in the board's determination is dangerous to
5 26 health and property.
5 27 5. Order removal of electrical wiring, electrical
5 28 apparatus, and electrical equipment from premises if such
5 29 electrical wiring, electrical apparatus, and electrical
5 30 equipment in the board's determination are dangerous to health
5 31 and property.
5 32 6. Investigate, for the purpose of identifying dangerous
5 33 electrical wiring or violations of the national electrical
5 34 code as adopted pursuant to subsection 1, any death by
5 35 electrocution that occurs within the state.
6 1 7. Adopt rules for continuing education requirements for
6 2 each classification of licensure, and for apprentice
6 3 registration established pursuant to this chapter, and make
6 4 all rules, not inconsistent with law, necessary for the proper
6 5 performance of its duties.
6 6 Sec. 8. NEW SECTION. 542A.8 DISCLOSURE OF CONFIDENTIAL
6 7 INFORMATION == CRIMINAL PENALTY.
6 8 A member of the board shall not disclose information
6 9 relating to the following:
6 10 1. Criminal history or prior misconduct of an applicant.
6 11 2. Information relating to the contents of an examination.
6 12 3. Information relating to examination results other than
6 13 a final score except for information about the results of an
6 14 examination given to the person who took the examination.
6 15 A member of the board who willfully communicates or seeks
6 16 to communicate such information, and any person who willfully
6 17 requests, obtains, or seeks to obtain such information, is
6 18 guilty of a simple misdemeanor.
6 19 Sec. 9. NEW SECTION. 542A.9 APPLICATIONS AND
6 20 EXAMINATIONS == FEES.
6 21 1. Applications for initial licensure shall be on forms
6 22 prescribed and furnished by the board, and shall contain
6 23 statements made under oath showing the applicant's education
6 24 and a detailed summary of the applicant's technical work. The
6 25 board shall not require that a photograph of the applicant be
6 26 attached to the application form. An applicant is not
6 27 ineligible for licensure because of age, citizenship, sex,
6 28 race, religion, marital status, or national origin, although
6 29 the application form may require citizenship information. The
6 30 board may deny licensure because of the past felony record of
6 31 an applicant. The board may require that an applicant submit
6 32 references.
6 33 2. Applications for licensure, and licensure renewal as
6 34 provided in section 542A.17, shall be accompanied by
6 35 application fees determined by the board. The board shall
7 1 determine the annual cost of administering licensure
7 2 examinations and shall set examination fees.
7 3 3. The board shall collect and account for all fees
7 4 provided for by this chapter and pay the fees to the treasurer
7 5 of state who shall deposit the fees in the general fund of the
7 6 state.
7 7 Sec. 10. NEW SECTION. 542A.10 PLAN, LAY OUT, OR
7 8 SUPERVISE CERTAIN ACTIVITIES == LICENSE REQUIRED ==
7 9 EXCEPTIONS.
7 10 1. Except as provided in section 542A.11, a person shall
7 11 not, for another, plan, lay out, or supervise the installation
7 12 of electrical wiring, electrical apparatus, or electrical
7 13 equipment for electrical light, heat, power, and other
7 14 purposes unless the person is licensed by the board as a class
7 15 A master electrician/electrical contractor or a class B master
7 16 electrician/electrical contractor. A person authorized to
7 17 plan, lay out, or supervise the installation of electrical
7 18 wiring, electrical apparatus, or electrical equipment for
7 19 electrical light, heat, power, and other purposes by a city
7 20 preceding the effective date of this Act pursuant to a
7 21 supervised written examination and who is currently engaged in
7 22 the electrical contracting industry with at least four years'
7 23 experience, shall be issued an applicable statewide license
7 24 corresponding to that authorized as a class A master
7 25 electrician/electrical contractor or a class B master
7 26 electrician/electrical contractor. The board shall adopt by
7 27 rule criteria for city examination standards satisfactory to
7 28 fulfillment of the requirements of this subsection and for
7 29 documentation of the four years of required experience.
7 30 2. On or after the effective date of this Act, an
7 31 applicant for licensure pursuant to this section shall meet
7 32 one of the following requirements:
7 33 a. Have at least one year's experience, acceptable to the
7 34 board, licensed as a class A or class B journeyman
7 35 electrician.
8 1 b. Have at least five years' documented experience,
8 2 acceptable to the board, in planning for, laying out,
8 3 supervising, and installing electrical wiring, electrical
8 4 apparatus, or electrical equipment for electrical light, heat,
8 5 and power.
8 6 3. In addition to the requirements of subsection 2, an
8 7 applicant shall obtain a score of at least seventy=five
8 8 percent on an examination prescribed and administered by the
8 9 board based upon the most recent national electrical code and
8 10 upon electrical theory.
8 11 Sec. 11. NEW SECTION. 542A.11 WIRING OR INSTALLING ==
8 12 LICENSE REQUIRED == EXCEPTIONS.
8 13 1. Except as provided in subsection 2, a person shall not,
8 14 for another, wire for or install electrical wiring, electrical
8 15 apparatus, or electrical equipment unless the person is
8 16 licensed by the board as a class A master
8 17 electrician/electrical contractor or a class B master
8 18 electrician/electrical contractor, or a fire alarm installer.
8 19 2. Except as provided in section 542A.10, a person shall
8 20 not wire for or install electrical wiring, electrical
8 21 apparatus, or electrical equipment or supervise an apprentice
8 22 electrician unless the person is licensed as a class A
8 23 journeyman electrician, a class B journeyman electrician, or a
8 24 fire alarm installer and is employed by a class A master
8 25 electrician/electrical contractor or a class B master
8 26 electrician/electrical contractor, or a fire alarm installer.
8 27 3. A person authorized to wire for or install electrical
8 28 wiring, electrical apparatus, or electrical equipment or
8 29 supervise an apprentice electrician by a city preceding the
8 30 effective date of this Act pursuant to a supervised written
8 31 examination, and who is currently engaged in the electrical
8 32 contracting industry with at least four years' experience,
8 33 shall be issued an applicable statewide license corresponding
8 34 to that authorization as a class A journeyman electrician or a
8 35 class B journeyman electrician.
9 1 4. a. On or after the effective date of this Act, an
9 2 applicant for a journeyman electrician license shall have at
9 3 least four years' experience, acceptable to the board, in the
9 4 electrical trade. Beginning four years after the effective
9 5 date of this Act, an applicant for a journeyman electrician
9 6 license shall have successfully completed an apprenticeship
9 7 training program registered by the bureau of apprenticeship
9 8 and training of the United States department of labor in
9 9 accordance with the standards established by that department.
9 10 The board may by rule provide for the allowance of one year of
9 11 experience credit for successful completion of a two=year
9 12 post=high school electrical course approved by the board.
9 13 b. In addition to the requirements of paragraph "a", an
9 14 applicant for a journeyman electrician license shall obtain a
9 15 score of at least seventy=five percent on an examination
9 16 prescribed and administered by the board based upon the most
9 17 recent national electrical code and upon electrical theory.
9 18 Sec. 12. NEW SECTION. 542A.12 INSTALLER LICENSE ==
9 19 ELIGIBILITY.
9 20 The board shall by rule establish criteria for licensure as
9 21 an installer. An installer shall only lay out and install
9 22 electrical wiring, electrical apparatus, and electrical
9 23 equipment for major electrical home appliances on the load
9 24 side of the main service in an existing building or circuit.
9 25 Sec. 13. NEW SECTION. 542A.13 SPECIAL ELECTRICIAN
9 26 LICENSE == QUALIFICATIONS.
9 27 The board shall by rule provide for the issuance of special
9 28 electrician licenses empowering the licensee to engage in a
9 29 limited class or classes of electrical work, which class or
9 30 classes shall be specified on the license. Each licensee
9 31 shall have experience, acceptable to the board, in each such
9 32 limited class of work for which the licensee is licensed.
9 33 Sec. 14. NEW SECTION. 542A.14 FIRE ALARM INSTALLER
9 34 LICENSE == EXPERIENCE.
9 35 1. A person not otherwise licensed pursuant to this
10 1 chapter shall not plan, lay out, or install electrical wiring,
10 2 electrical apparatus, or electrical equipment for components
10 3 of fire alarm systems that operate at fifty volts or less
10 4 unless the person is licensed by the board as a fire alarm
10 5 installer. A person authorized to plan, lay out, or install
10 6 electrical wiring, electrical apparatus, or electrical
10 7 equipment for components of fire alarm systems that operate at
10 8 fifty volts or less by a city on the effective date of this
10 9 Act shall be issued an applicable statewide license
10 10 corresponding to that authorization as a fire alarm installer.
10 11 2. On or after the effective date of this Act, any person
10 12 licensed as a fire alarm installer to plan, lay out, and
10 13 install electrical wiring, electrical apparatus, and
10 14 electrical equipment for components of fire alarm systems that
10 15 operate at fifty volts or less shall have at least two years'
10 16 experience, acceptable to the board, in planning, laying out,
10 17 and installing fire alarm systems.
10 18 Sec. 15. NEW SECTION. 542A.15 APPRENTICE ELECTRICIAN ==
10 19 REGISTRATION == SUPERVISION.
10 20 1. A person may register with the board and pay a
10 21 registration fee to work as an apprentice electrician while
10 22 participating in an apprenticeship training program registered
10 23 by the bureau of apprenticeship and training of the United
10 24 States department of labor in accordance with the standards
10 25 established by that department. A person is eligible to
10 26 register as an apprentice electrician for only one
10 27 apprenticeship, which shall be limited to six years from the
10 28 date of registration, unless extended by the board upon a
10 29 finding that a hardship existed which prevented completion of
10 30 the apprenticeship program. Such registration shall entitle
10 31 the registrant to act as an apprentice to a class A master
10 32 electrician/electrical contractor, a class B master
10 33 electrician/electrical contractor, a class A journeyman
10 34 electrician, or a class B journeyman electrician as provided
10 35 in subsection 2.
11 1 2. A person shall not serve as an apprentice electrician
11 2 except under the direct, personal, on=the=job supervision and
11 3 control and in the presence of a licensee enumerated in
11 4 subsection 1. Supervision shall include both on=the=job
11 5 training and related classroom training as approved by the
11 6 board. A licensee enumerated in subsection 1 may employ or
11 7 supervise apprentice electricians at a ratio not to exceed
11 8 three apprentice electricians to one licensee, except that
11 9 such ratio and the other requirements of this section shall
11 10 not be applicable to a teacher=student relationship within a
11 11 classroom of a community college.
11 12 For purposes of this section, "the direct, personal, on=
11 13 the=job supervision and control and in the presence of a
11 14 licensee" shall mean the licensee and the apprentice
11 15 electrician shall be working at the same project location but
11 16 shall not require that the licensee and apprentice electrician
11 17 be within sight of one another at all times.
11 18 3. An apprentice electrician shall not install, alter, or
11 19 repair electrical wiring, electrical apparatus, or electrical
11 20 equipment except as provided in this section, and the licensee
11 21 employing or supervising an apprentice electrician shall not
11 22 authorize or permit such actions by the apprentice
11 23 electrician.
11 24 4. A person may serve as a temporary or seasonal employee
11 25 for a period not to exceed one hundred twenty days in any
11 26 calendar year or participate in a school=to=work program
11 27 pursuant to which the person may work under the supervision of
11 28 a person licensed under this chapter.
11 29 Sec. 16. NEW SECTION. 542A.16 EXAMINATIONS == REPORT
11 30 REQUIRED.
11 31 Examinations for licensure shall be given as often as
11 32 deemed necessary by the board, but no less than one time per
11 33 month. The scope of the examinations and the methods of
11 34 procedure shall be prescribed by the board. The examinations
11 35 given by the board shall be the experior assessment
12 1 examination, or a successor examination approved by the board,
12 2 or an examination prepared by a third=party testing service
12 3 which is substantially equivalent to the experior assessment
12 4 examination, or a successor examination approved by the board.
12 5 Any examination may be given by representatives of the board.
12 6 As soon as practicable after the close of each examination, a
12 7 report shall be filed in the office of the secretary of the
12 8 board by the board. The report shall show the action of the
12 9 board upon each application and the secretary of the board
12 10 shall notify each applicant of the result of the applicant's
12 11 examination. Applicants who fail the examination once shall
12 12 be allowed to take the examination at the next scheduled time.
12 13 Thereafter, the applicant shall be allowed to take the
12 14 examination at the discretion of the board. An applicant who
12 15 has failed the examination may request, in writing,
12 16 information from the board concerning the applicant's
12 17 examination grade and subject areas or questions which the
12 18 applicant failed to answer correctly, except that if the board
12 19 administers a uniform, standardized examination, the board
12 20 shall only be required to provide the examination grade and
12 21 such other information concerning the applicant's examination
12 22 results which are available to the board.
12 23 Sec. 17. NEW SECTION. 542A.17 CONTINUING EDUCATION
12 24 REQUIREMENT == LICENSE EXPIRATIONS AND RENEWALS.
12 25 Licenses issued pursuant to this chapter shall expire three
12 26 years following issuance. The secretary of the board shall
12 27 notify every person licensed under this chapter of the date of
12 28 expiration of the certificate and the amount of the fee that
12 29 shall be required for its renewal. Such notice shall be
12 30 mailed at least one month in advance of the date of the
12 31 expiration of the certificate. In order to be eligible for
12 32 renewal, the holder of a master electrician/electrical
12 33 contractor license issued pursuant to this chapter shall
12 34 certify to the board, as a part of an application to renew,
12 35 that twelve hours of continuing education have been completed
13 1 covering provisions of the national electric code and updates
13 2 to that code since the issuance of the license to be renewed.
13 3 In order to be eligible for renewal, the holder of any other
13 4 license issued pursuant to this chapter shall certify to the
13 5 board, as a part of an application to renew, that eight hours
13 6 of continuing education have been completed covering
13 7 provisions of the national electric code and updates to that
13 8 code since the issuance of the license to be renewed. Renewal
13 9 may be effected by the payment of a fee, the amount of which
13 10 shall be determined by the board. The failure on the part of
13 11 any licensee to renew a certificate in the month of expiration
13 12 as required above shall not deprive a person of the right of
13 13 renewal. A person who fails to renew a certificate by the
13 14 expiration date shall be allowed to do so within thirty days
13 15 following its expiration, but the board may assess a
13 16 reasonable penalty. For the duration of any military
13 17 intervention in which the United States is engaged the board
13 18 may, in its discretion, defer the collection of renewal fees
13 19 without penalty, which have or may become due from individuals
13 20 licensed pursuant to this chapter who are engaged in the
13 21 military intervention, and residing outside the state, or who
13 22 are members of the armed forces of the United States, and may
13 23 renew the licenses of individuals licensed pursuant to this
13 24 chapter.
13 25 Sec. 18. NEW SECTION. 542A.18 FOREIGN LICENSEES.
13 26 A person holding a certificate of licensure issued to the
13 27 person by a proper authority of a state, territory, or
13 28 possession of the United States, the District of Columbia, or
13 29 any foreign country, based on requirements and qualifications,
13 30 in the opinion of the board equal to or higher than the
13 31 requirements of this chapter, may be licensed without further
13 32 examination.
13 33 A temporary license may be granted to a person licensed in
13 34 another state, territory, or possession of the United States,
13 35 the District of Columbia, or any foreign country, as
14 1 prescribed by rule, provided that before practicing within
14 2 this state the person shall have applied for temporary
14 3 licensure and shall have paid the fee prescribed by the board.
14 4 Sec. 19. NEW SECTION. 542A.19 SUSPENSION, REVOCATION, OR
14 5 REPRIMAND.
14 6 The board, by a five=sevenths vote of the entire board, may
14 7 suspend for a period not exceeding two years, or revoke the
14 8 certificate of licensure of, or reprimand any licensee who is
14 9 found guilty of the following acts or offenses:
14 10 1. Fraud in procuring a certificate of licensure.
14 11 2. Professional incompetency.
14 12 3. Knowingly making misleading, deceptive, untrue, or
14 13 fraudulent representations in the practice of the licensee's
14 14 profession or engaging in unethical conduct or practice
14 15 harmful to the public. Proof of actual injury need not be
14 16 established.
14 17 4. Habitual intoxication or addiction to the use of drugs.
14 18 5. Conviction of a felony under the laws of the United
14 19 States, any state, territory, or possession of the United
14 20 States, the District of Columbia, or any foreign country. A
14 21 copy of the record of conviction or plea of guilty is
14 22 conclusive evidence.
14 23 6. Revocation or suspension of licensure, or other
14 24 disciplinary action by the licensing authority of another
14 25 state, territory, possession of the United States, the
14 26 District of Columbia, or any foreign country. A certified
14 27 copy of the record or order of suspension, revocation, or
14 28 other disciplinary action is prima facie evidence of such
14 29 fact.
14 30 7. Fraud in representations as to skill or ability.
14 31 8. Use of untruthful or improbable statements in
14 32 advertisements.
14 33 9. Willful or repeated violations of this chapter.
14 34 Sec. 20. NEW SECTION. 542A.20 PROCEDURE.
14 35 Proceedings for any action under section 542A.19 shall be
15 1 begun by filing with the board written charges against the
15 2 accused. Upon the filing of charges the board may request the
15 3 department of inspections and appeals to conduct an
15 4 investigation into the charges. The department of inspections
15 5 and appeals shall report its findings to the board, and the
15 6 board shall designate a time and place for a hearing, and
15 7 shall notify the accused of this action and furnish the
15 8 accused a copy of all charges at least thirty days prior to
15 9 the date of the hearing. The accused has the right to appear
15 10 personally or by counsel, to cross=examine witnesses, or to
15 11 produce witnesses in defense.
15 12 Sec. 21. NEW SECTION. 542A.21 INJUNCTION.
15 13 Any person who is not legally authorized to practice in
15 14 this state according to this chapter, who practices, or in
15 15 connection with the person's name, uses any designation
15 16 tending to imply or designate the person as authorized to
15 17 practice in this state according to this chapter, may be
15 18 restrained by permanent injunction.
15 19 Sec. 22. NEW SECTION. 542A.22 CRIMINAL VIOLATIONS.
15 20 A person who violates such a permanent injunction or
15 21 presents or attempts to file as the person's own the
15 22 certificate of licensure or apprentice registration of
15 23 another, or who gives false or forged evidence of any kind to
15 24 the board in obtaining a certificate of licensure or
15 25 apprentice registration, or who falsely impersonates another
15 26 practitioner of like or different name, or who uses or
15 27 attempts to use a revoked certificate of licensure or
15 28 registration, is guilty of a fraudulent practice.
15 29 Sec. 23. NEW SECTION. 542A.23 CIVIL PENALTY.
15 30 1. In addition to any other penalties provided for in this
15 31 chapter, the board may by order impose a civil penalty upon a
15 32 person who is not licensed or registered under this chapter
15 33 and who does any of the following:
15 34 a. Is employed in a capacity in which the person engages
15 35 in or offers to engage in the activities authorized pursuant
16 1 to this chapter.
16 2 b. Uses or employs the words "class A master
16 3 electrician/electrical contractor", "class B master
16 4 electrician/electrical contractor", "class A journeyman
16 5 electrician", "class B journeyman electrician", "fire alarm
16 6 installer", or implies authorization to provide or offer those
16 7 services, or otherwise uses or advertises any title, word,
16 8 figure, sign, card, advertisement, or other symbol or
16 9 description tending to convey the impression that the person
16 10 is a "class A master electrician/electrical contractor",
16 11 "class B master electrician/electrical contractor", "class A
16 12 journeyman electrician", "class B journeyman electrician", or
16 13 "fire alarm installer".
16 14 c. Gives false or forged evidence of any kind to the board
16 15 or any member of the board in obtaining or attempting to
16 16 obtain a certificate of licensure or registration.
16 17 d. Falsely impersonates any individual licensed pursuant
16 18 to this chapter.
16 19 e. Uses or attempts to use an expired, suspended, revoked,
16 20 or nonexistent certificate of licensure or registration.
16 21 f. Knowingly aids or abets an unlicensed or unregistered
16 22 person who engages in any activity identified in this
16 23 subsection.
16 24 2. A civil penalty imposed shall not exceed one thousand
16 25 dollars for each offense. Each day of a continued violation
16 26 constitutes a separate offense, except that offenses resulting
16 27 from the same or common facts or circumstances shall be
16 28 considered a single offense.
16 29 3. In determining the amount of a civil penalty to be
16 30 imposed, the board may consider any of the following:
16 31 a. Whether the amount imposed will be a substantial
16 32 economic deterrent to the violation.
16 33 b. The circumstances leading to the violation.
16 34 c. The severity of the violation and the risk of harm to
16 35 the public.
17 1 d. The economic benefits gained by the violator as a
17 2 result of noncompliance.
17 3 e. The interest of the public.
17 4 4. Before issuing an order under this section, the board
17 5 shall provide the person written notice and the opportunity to
17 6 request a hearing on the record. The hearing must be
17 7 requested within thirty days of the issuance of the notice and
17 8 shall be conducted in the same manner as provided in section
17 9 542A.20.
17 10 5. The board, in connection with a proceeding under this
17 11 section, may issue subpoenas to compel the attendance and
17 12 testimony of witnesses and the disclosure of evidence, and may
17 13 request the attorney general to bring an action to enforce the
17 14 subpoena.
17 15 6. A person aggrieved by the imposition of a civil penalty
17 16 under this section may seek judicial review in accordance with
17 17 section 17A.19.
17 18 7. If a person fails to pay a civil penalty within thirty
17 19 days after entry of an order under subsection 1, or if the
17 20 order is stayed pending an appeal within ten days after the
17 21 court enters a final judgment in favor of the board, the board
17 22 shall notify the attorney general. The attorney general may
17 23 commence an action to recover the amount of the penalty,
17 24 including reasonable attorney fees and costs.
17 25 8. An action to enforce an order under this section may be
17 26 joined with an action for an injunction.
17 27 Sec. 24. NEW SECTION. 542A.24 LOCAL LAW SUPERSEDED.
17 28 This chapter shall prevail over any local law or regulation
17 29 with respect to the licensure and scope of regulation provided
17 30 in this chapter and shall prevail over any local law or
17 31 regulation that conflicts with the provisions of this chapter.
17 32 It is not intended that this chapter supersede or curtail
17 33 local inspection authority for the enforcement of electrical
17 34 codes.
17 35 Sec. 25. EFFECTIVE DATE. Sections 1 through 6, section 7,
18 1 subsections 1 and 7, and section 8 of this Act, being deemed
18 2 of immediate importance, shall become effective upon
18 3 enactment. The remaining sections and subsections of this Act
18 4 shall become effective on July 1, 2004.
18 5 EXPLANATION
18 6 This bill provides for and requires the statewide licensure
18 7 of electricians and installers and provides for the
18 8 registration of apprentice electricians. Statewide licensure
18 9 replaces current licensure of electricians on a city=by=city
18 10 basis.
18 11 The bill provides that individuals authorized to plan, lay
18 12 out, supervise, or perform the installation of electrical
18 13 wiring, electrical apparatus, or electrical equipment for
18 14 electrical light, heat, power, and other purposes by a city on
18 15 the effective date of the bill, who has passed a city
18 16 examination, is currently engaged in the industry, and
18 17 possesses four years' experience, shall be issued a statewide
18 18 license corresponding to their current classification, as
18 19 defined in the bill, of class A master electrician/electrical
18 20 contractor, class B master electrician/electrical contractor,
18 21 class A journeyman electrician, class B journeyman
18 22 electrician, or fire alarm installer. The bill provides that
18 23 an individual applying for licensure on or after the effective
18 24 date of the licensing portions of the bill shall be required
18 25 to meet the specified licensure criteria. The bill provides
18 26 that an applicant shall have at least one year's experience,
18 27 acceptable to the board, licensed as a class A journeyman
18 28 electrician or a class B journeyman electrician; or have at
18 29 least five years' documented experience, acceptable to the
18 30 board, in planning for, laying out, supervising, and
18 31 installing electrical wiring, electrical apparatus, or
18 32 electrical equipment for electrical light, heat, and power.
18 33 The bill additionally provides that an applicant must obtain a
18 34 score of at least 75 percent on an examination prescribed and
18 35 administered by the board based upon the most recent national
19 1 electrical code and upon electrical theory.
19 2 The bill provides that individuals authorized to wire for
19 3 or install for another individual electrical wiring,
19 4 electrical apparatus, or electrical equipment, or supervise an
19 5 apprentice electrician, by a city preceding the effective date
19 6 of the licensing portions of the bill shall be issued a
19 7 statewide license corresponding to their current
19 8 classification, as defined in the bill, of class A journeyman
19 9 electrician, class B journeyman electrician, or fire alarm
19 10 installer provided the individual is employed by a class A
19 11 master electrician/electrical contractor, a class B master
19 12 electrician/electrical contractor, or a fire alarm installer
19 13 and has passed a city examination, is currently engaged in the
19 14 industry, and possesses four years' experience. The bill
19 15 provides that on or after the effective date of the licensing
19 16 portions of the bill, an applicant shall possess at least four
19 17 years' experience in the electrical trade, and that beginning
19 18 four years after the effective date, an apprenticeship
19 19 training program shall have been successfully completed. The
19 20 bill provides that the board may by rule provide for the
19 21 allowance of one year of experience credit for successful
19 22 completion of a two=year post=high school electrical course
19 23 approved by the board. The bill provides that an applicant
19 24 for a class A or class B journeyman electrician license shall
19 25 obtain a score of at least 75 percent on an examination
19 26 prescribed and administered by the board based upon the most
19 27 recent national electrical code and upon electrical theory.
19 28 The bill provides for the creation of a seven=member
19 29 electrician examining board within the professional licensing
19 30 and regulation division of the department of commerce. The
19 31 bill provides that board members shall be appointed by the
19 32 governor and subject to senate confirmation, and shall be
19 33 residents of the state. The bill provides that membership
19 34 shall be comprised of two journeyman electricians, one a
19 35 member of an electrical workers union working under a
20 1 collective bargaining agreement and one not a member; two
20 2 master electricians/electrical contractors, one of whom is a
20 3 contractor working under a collective bargaining agreement and
20 4 one of whom is not; one electrical inspector, and two members,
20 5 one union and working under a collective bargaining agreement
20 6 and one nonunion, who are not members of the aforementioned
20 7 groups representing the general public. The bill specifies
20 8 several specific powers of the electrician examining board.
20 9 The bill provides that the board shall adopt rules pursuant to
20 10 Code chapter 17A governed by the minimum standards set forth
20 11 in the national electrical code issued and adopted by the
20 12 national fire protection association in 2002, publication
20 13 number 70=2002. The bill provides that the board shall
20 14 establish rules for inspections based on complaints within 48
20 15 hours, and in coordination with the department of inspections
20 16 and appeals adopt rules relating to inspection procedures,
20 17 standards, and schedules with regard to electrical wiring
20 18 installed by licensees. The bill contains provisions relating
20 19 to the circumstances leading to the revocation, suspension, or
20 20 refusal to renew a license, and provides that the board may
20 21 order disconnection of power to any electrical installation
20 22 that in the board's determination is dangerous to health and
20 23 property, order removal of electrical wiring and apparatus
20 24 from premises when such wiring and apparatus in the board's
20 25 determination is dangerous to health and property, investigate
20 26 dangerous electrical wiring or violations of the national
20 27 electrical code, and establish rules for continuing education
20 28 requirements for each classification of licensure and
20 29 registration.
20 30 The bill additionally provides that the board shall
20 31 establish criteria for the statewide licensure of an
20 32 individual possessing an installer license to lay out and
20 33 install electrical wiring, electrical apparatus, and
20 34 electrical equipment for major electrical home appliances on
20 35 the load side of the main service. The bill provides for the
21 1 issuance of special electrician licenses empowering the
21 2 licensee to engage in a limited class or classes of electrical
21 3 work. The bill also provides for the statewide licensure of
21 4 an individual authorized to plan, lay out, and install
21 5 electrical wiring, electrical apparatus, or electrical
21 6 equipment for components of fire alarm systems that operate at
21 7 50 volts or less by a city on the effective date of the
21 8 licensing portions of the bill. The bill provides that
21 9 beginning on or after the effective date of the licensing
21 10 portions of the bill, an applicant for a fire alarm installer
21 11 license shall have at least two years' experience, acceptable
21 12 to the board, in planning, laying out, and installing fire
21 13 alarm systems.
21 14 The bill provides for a registration process and
21 15 requirements for apprentice electricians. The bill provides
21 16 that registration shall entitle the registrant to act as an
21 17 apprentice electrician to a class A master
21 18 electrician/electrical contractor, a class B master
21 19 electrician/electrical contractor, a class A journeyman
21 20 electrician, or a class B journeyman electrician, and that an
21 21 apprentice electrician shall do no electrical wiring except
21 22 under the direct, personal supervision and control and in the
21 23 presence of such licensed individuals. The bill provides that
21 24 a licensee may employ or supervise apprentice electricians at
21 25 a ratio not to exceed three apprentice electricians to one
21 26 licensee, with the exception of a teacher=student relationship
21 27 within a classroom of a community college.
21 28 The bill provides an application process and provides for
21 29 the establishment of application, examination, licensure,
21 30 renewal, and registration fees. The bill additionally
21 31 provides suspension, revocation, reprimand, and penalty
21 32 provisions. The bill further provides that the provisions of
21 33 the new Code chapter shall prevail over any local law or
21 34 regulation with respect to the licensure and scope of
21 35 regulation, or which conflict with the Code chapter's
22 1 provisions. The bill provides that it is not the intent of
22 2 the Code chapter that it supersede or curtail local inspection
22 3 authority for the enforcement of electrical codes. Provisions
22 4 of the bill relating primarily to definitions and the
22 5 establishment of the electrician examining board take effect
22 6 upon enactment. Remaining provisions of the bill, dealing
22 7 primarily with forms of and qualifications for licensure or
22 8 registration, take effect on July 1, 2004.
22 9 LSB 6859HV 80
22 10 rn/cf/24