2001 Legislation
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HOUSE BILL NO. 291 – Electrician, residential wiremen

HOUSE BILL NO. 291

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H0291aa........................................................by EDUCATION
ELECTRICIANS - RESIDENTIAL WIREMEN - Amends existing law relating to
electricians to provide for licensing by the Division of Building Safety of
individuals working as a residential wireman or apprentice residential
wireman.
                                                                        
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Bus
03/06    Rpt out - to Gen Ord
03/07    Rpt out amen - to engros
03/08    Rpt engros - 1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 48-21-1
      AYES -- Bedke, Bell, Black, Bradford, Bruneel, Callister, Campbell,
      Clark, Collins, Crow, Deal, Denney, Ellis, Ellsworth, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Kellogg,
      Kendell, Kunz, Lake, Langford, Mader, Meyer, Montgomery, Moss, Moyle,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Shepherd,
      Smith, Smylie, Stevenson, Stone, Swan(Block), Tilman, Trail, Young,
      Mr. Speaker
      NAYS -- Barraclough, Barrett, Bieter, Boe, Bolz, Chase, Eskridge,
      Henbest, Hornbeck, Jaquet, Jones, Loertscher, Marley, McKague,
      Mortensen, Pearce, Robison, Schaefer, Sellman, Wheeler, Wood
      Absent and excused -- Cuddy
    Floor Sponsor -- Kellogg
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 291
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING  SECTION  54-1002,
  3        IDAHO  CODE, TO PROVIDE FOR LICENSURE OF SPECIALTY ELECTRICAL CONTRACTORS,
  4        RESIDENTIAL WIREMEN AND APPRENTICE RESIDENTIAL WIREMEN AND TO MAKE TECHNI-
  5        CAL CORRECTIONS; AMENDING SECTION 54-1003, IDAHO CODE, TO PROVIDE THAT THE
  6        ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY IS  AUTHORIZED  TO  ISSUE
  7        LICENSES  FOR A RESIDENTIAL WIREMAN AND AN APPRENTICE RESIDENTIAL WIREMAN;
  8        AMENDING SECTION 54-1003A, IDAHO CODE, TO DEFINE "RESIDENTIAL WIREMAN" AND
  9        "APPRENTICE RESIDENTIAL WIREMAN"; AMENDING SECTION 54-1007, IDAHO CODE, TO
 10        PROVIDE QUALIFICATIONS NECESSARY TO  APPLY  FOR  A  RESIDENTIAL  WIREMAN'S
 11        LICENSE  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 54-1010,
 12        IDAHO CODE, TO PROVIDE THAT CERTAIN ELECTRICAL INSTALLATIONS SHALL BE DONE
 13        BY OR UNDER THE DIRECT SUPERVISION OF A RESIDENTIAL  WIREMAN,  TO  PROVIDE
 14        THAT A LIST OF EMPLOYEES UNDER AN ELECTRICAL CONTRACTOR SHALL INCLUDE RES-
 15        IDENTIAL  WIREMEN,  TO REQUIRE THAT AN INDIVIDUAL WORKING AS AN APPRENTICE
 16        RESIDENTIAL WIREMAN MUST BE APPROPRIATELY REGISTERED WITH THE DIVISION  OF
 17        BUILDING SAFETY, TO PROVIDE THAT IT IS UNLAWFUL TO WORK WITHOUT POSSESSION
 18        OF  A  CURRENT REGISTRATION CERTIFICATE AND TO MAKE TECHNICAL CORRECTIONS;
 19        AMENDING SECTION 54-1014, IDAHO CODE, TO PROVIDE FEES; AND  AMENDING  SEC-
 20        TION 54-1017, TO PROVIDE A PENALTY FOR WORKING AS A RESIDENTIAL WIREMAN OR
 21        AS AN APPRENTICE RESIDENTIAL WIREMAN WITHOUT HAVING OBTAINED PROPER LICEN-
 22        SURE OR REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION  1.  That  Section 54-1002, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        54-1002.  LICENSE ESSENTIAL TO ENGAGE IN BUSINESS --  LICENSURE  AUTHORITY
 27    EXCLUSIVE  TO THE STATE. (1) It shall be unlawful for any person, partnership,
 28    company, firm, association or corporation, to act, or attempt to  act,  as  an
 29    electrical  contractor  or  special  electrical contractor in this state until
 30    such person, partnership, company, firm,  association  or  corporation,  shall
 31    have received a license as an electrical contractor, as herein defined, issued
 32    pursuant  to  the provisions of this chapter by the administrator of the divi-
 33    sion of building safety.
 34        (2)  It shall be unlawful for  any  person,  partnership,  company,  firm,
 35    association or corporation to act, or attempt to act as a specialty electrical
 36    contractor  in this state until such person shall have received a license as a
 37    specialty electrical contractor, as herein defined,  issued  pursuant  to  the
 38    provisions  of  this chapter, by the administrator of the division of building
 39    safety; provided however, that  any  person  who  has  been  issued  a  master
 40    electrician's license pursuant to this chapter may act as a specialty electri-
 41    cal contractor.
 42        (3)  It  shall  be unlawful for any person to act as a journeyman electri-
 43    cian in this state until such person shall have received a license as a  jour-
                                                                        
                                           2
                                                                        
  1    neyman  electrician,  as  herein defined, issued pursuant to the provisions of
  2    this act chapter, by the administrator of the  division  of  building  safety,
  3    provided,  however, that any person who has been issued a master electrician's
  4    license pursuant to this chapter may act as a journeyman electrician.
  5        (34)  It shall be unlawful for any person to act as a  specialty  electri-
  6    cian  in  this state until such person shall have received a license as a spe-
  7    cialty electrician, as herein defined, issued pursuant to  the  provisions  of
  8    this  act  chapter,  by  the administrator of the division of building safety,
  9    provided however, that any person who has been issued a  master  electrician's
 10    license or a journeyman electrician's license pursuant to this act chapter may
 11    act as a specialty electrician.
 12        (5)  It  shall  be unlawful for any person to act as a residential wireman
 13    in this state until such person shall have received a license as a residential
 14    wireman, as herein defined, issued pursuant to the provisions of this chapter,
 15    by the administrator of the division of  building  safety;  provided  however,
 16    that  any person who has been issued a master electrician's license or a jour-
 17    neyman electrician's license pursuant to this chapter may act as a residential
 18    wireman.
 19        (46)  Licensure of electrical contractors, journeyman electricians, master
 20    electricians, specialty electricians, specialty electrical contractors,  resi-
 21    dential   wiremen  and  registration  of  apprentice  electricians,  specialty
 22    trainees and apprentice residential wiremen  shall  be  within  the  exclusive
 23    jurisdiction  of  the state pursuant to this chapter and no local jurisdiction
 24    shall have the authority to require additional licensure or to issue  licenses
 25    to  persons licensed under this chapter which are inconsistent with the provi-
 26    sions of this chapter or rules promulgated by the division of building safety.
 27    The state shall investigate all local infractions and state violations of this
 28    chapter and prosecute the same. The local jurisdictions will assist the  state
 29    by requesting investigations within their jurisdictions. Nothing in this chap-
 30    ter  shall  restrict  a  city  or  county from imposing stricter public safety
 31    rules, notwithstanding any provision of Idaho Code.
                                                                        
 32        SECTION 2.  That Section 54-1003, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        54-1003.  ADMINISTRATOR AUTHORITY. (1) Only the administrator of the divi-
 35    sion  of  building safety of the state of Idaho is authorized and empowered to
 36    conduct examinations and to pass upon the qualifications of applicants, and to
 37    grant and issue licenses or registrations to such applicants as are  found  to
 38    be qualified to engage in the trade, business or calling of a journeyman elec-
 39    trician,  electrical  contractor,  master  electrician, specialty electrician,
 40    specialty electrical contractor, residential wireman,  apprentice  residential
 41    wireman, specialty electrical trainee or apprentice electrician  in the manner
 42    and upon the terms and conditions hereinafter provided.
 43        (2)  No  licenses  granted hereunder shall be transferable. Licenses shall
 44    be issued upon the condition that the holder thereof  shall  comply  with  all
 45    provisions of this chapter.
 46        (3)  The administrator of the division of building safety is authorized to
 47    impose civil penalties as provided in this chapter.
                                                                        
 48        SECTION  3.  That Section 54-1003A, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        54-1003A.  DEFINITIONS. (1) Electrical Contractor. Except as  provided  in
 51    section  54-1016, Idaho Code, any person, partnership, company, firm, associa-
                                                                        
                                           3
                                                                        
  1    tion or corporation engaging in, conducting, or carrying on  the  business  of
  2    installing  wires or equipment to carry electric current or installing appara-
  3    tus to be operated by such current, or entering  into  agreements  to  install
  4    such  wires, equipment or apparatus, shall for the purpose of this act chapter
  5    be known as an electrical contractor.
  6        (2)  Journeyman Electrician. Except as provided in section 54-1016,  Idaho
  7    Code,  and  subsections  (3), (4), (5) and (6) of this section, any person who
  8    personally performs or supervises the actual physical work of installing elec-
  9    tric wiring or equipment to convey electric current, or apparatus to be  oper-
 10    ated  by such current, shall, for the purpose of this act chapter, be known as
 11    a journeyman electrician.
 12        (3)  Apprentice Electrician. Any person who, for the purpose  of  learning
 13    the  trade  of journeyman electrician, engages in the installation of electric
 14    wiring, equipment, or apparatus while under the constant  on-the-job  supervi-
 15    sion  of a qualified journeyman electrician shall, for the purpose of this act
 16    chapter, be known as an apprentice electrician.
 17        (4)  Maintenance Electrician. Any person who is regularly employed to ser-
 18    vice, maintain or repair electrical apparatus, or to  make  minor  repairs  or
 19    alterations   to  existing  electrical  wires  or  equipment  located  on  his
 20    employer's premises shall, for the purpose of this act chapter, be known as  a
 21    maintenance electrician.
 22        (5)  Master  Electrician.  A  person who has the necessary qualifications,
 23    training, experience and technical knowledge to plan,  layout  or  design  the
 24    installation of electrical wiring or equipment, or to supervise such planning,
 25    layout,  or  design,  and  who performs or supervises such planning, layout or
 26    design, shall, for the purpose of this act chapter, be known as a master elec-
 27    trician.
 28        (6)  Specialty Electrician. A person having the necessary  qualifications,
 29    training,  experience  and  technical  knowledge to install, alter, repair and
 30    supervise the installing, altering or repairing of special classes of electri-
 31    cal wiring, apparatus or equipment within categories  adopted  by  the  board.
 32    Specialty  electricians  shall  perform work only within the scope of the spe-
 33    cialty category for which the person is licensed.
 34        (7)  Specialty  Electrical  Contractor.  Except  as  provided  in  section
 35    54-1016, Idaho Code, any person, partnership, company,  firm,  association  or
 36    corporation engaging in, conducting or carrying on the business of installing,
 37    altering  or  repairing  special  classes  of  electrical wiring, apparatus or
 38    equipment within categories adopted by the board or entering  into  agreements
 39    to  perform  such specialty work, shall for the purpose of this act chapter be
 40    known as a specialty electrical contractor.  Specialty electrical  contractors
 41    shall  perform  work only within the scope of the specialty category for which
 42    the contractor is licensed.
 43        (8)  Specialty Electrical Trainee. Any person  who,  for  the  purpose  of
 44    learning  the trade of a specialty electrician, engages in the installation of
 45    electrical wiring, equipment or apparatus while under the constant  on-the-job
 46    supervision  of  a  qualified  specialty electrician shall, for the purpose of
 47    this act chapter, be known as a specialty electrical trainee.
 48        (9)  Residential Wireman. A person who has the  necessary  qualifications,
 49    training,  experience  and  technical  knowledge to install, alter, repair and
 50    supervise the altering or repairing of electrical wiring, equipment or appara-
 51    tus in or on a residence, shall be known as a residential wireman. A  residen-
 52    tial  wireman  shall  perform  work  only within the scope of this category as
 53    determined by the board.
 54        (10) Apprentice Residential Wireman. Any person who, for the  purposes  of
 55    learning  the  trade  of  residential  wireman, engages in the installation of
                                                                        
                                           4
                                                                        
  1    electric wiring, equipment or apparatus while under  the  constant  on-the-job
  2    supervision of a qualified residential wireman or a qualified journeyman elec-
  3    trician  shall,  for  the  purposes of this chapter, be known as an apprentice
  4    residential wireman.
                                                                        
  5        SECTION 4.  That Section 54-1007, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        54-1007.  ISSUANCE OF LICENSES -- RECIPROCITY. (1) The administrator shall
  8    issue  licenses  to such persons as have by examination shown themselves to be
  9    fit, competent and  qualified to engage in the trade  of  journeyman  electri-
 10    cian, specialty electrician, residential wireman or master electrician, and to
 11    such  persons, firms, partnerships, associations or corporations as have shown
 12    themselves to be fit, competent and qualified to engage  in  the  business  of
 13    electrical contracting or specialty electrical contracting. Any person who has
 14    worked  as a journeyman electrician or as an apprentice electrician, as herein
 15    defined, for a period of not less than four (4) years, shall be considered  as
 16    qualified  to apply for a journeyman electrician's license in this state, pro-
 17    vided that for each such year he is claiming to have worked as  an  apprentice
 18    electrician, the apprentice registered with the division of building safety as
 19    an  apprentice,  paid  an  apprentice registration fee, and submitted with his
 20    annual application for apprentice registration verification of employment  and
 21    hours  worked.  Any  person  who  has worked as a residential wireman or as an
 22    apprentice residential wireman, as herein defined, for a period  of  not  less
 23    than  two  (2) years, shall be considered qualified to apply for a residential
 24    wireman's license in this state, provided that for each year he is claiming to
 25    have worked as an apprentice residential wireman, the  apprentice  shall  have
 26    been registered with the division of building safety as an apprentice residen-
 27    tial  wireman,  shall have paid an apprentice residential wireman registration
 28    fee, and shall have submitted with his annual  application  for  registration,
 29    verification  of  employment  and  hours  worked. The electrical board may, by
 30    rule, fix the apprentice registration fee, in an  amount  not  to  exceed  the
 31    costs  of  issuing  apprentice  registration  certificates  and  enforcing the
 32    apprentice registration provisions of this act chapter, and may also  by  rule
 33    establish  requirements  relative  to the manner of verification of employment
 34    and hours worked. Before such experience as an apprentice may be considered as
 35    qualifying the apprentice to take the journeyman's examination, the apprentice
 36    must also complete the required related instruction for electrical apprentices
 37    as approved by the Idaho state board for professional-technical education. Any
 38    person who has worked in this state for a period of  not  less  than  two  (2)
 39    years  as  a  journeyman electrician shall be considered as qualified to apply
 40    for a master electrician's license in this state.
 41        (2)  To the extent that other states which provide for  the  licensing  of
 42    electricians provide for similar action, the administrator, on the recommenda-
 43    tion  of  the  Idaho  electrical  board,  may  grant  licenses to electricians
 44    licensed by such other states, upon payment by the applicant of  the  required
 45    fee  and  upon furnishing proof to the board that the applicant has qualifica-
 46    tions at least equal to those provided herein for applicants for written exam-
 47    inations. Applicants who qualify for a license under this subsection  are  not
 48    required to take a written examination.
                                                                        
 49        SECTION  5.  That  Section 54-1010, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        54-1010.  INSTALLATIONS BY ELECTRICAL  CONTRACTOR  PERFORMED  BY  LICENSED
                                                                        
                                           5
                                                                        
  1    JOURNEYMAN  OR  RESIDENTIAL  WIREMAN  -- PRIOR CERTIFICATE HOLDERS ENTITLED TO
  2    LICENSE -- LIST  OF  ELECTRICIANS  AND  RESIDENTIAL  WIREMEN  IN  CONTRACTOR'S
  3    EMPLOY.  (1) On and after July 1, 1961, any electrical contractor who works as
  4    a journeyman electrician, as herein defined, shall be required to have a jour-
  5    neyman electrician's license issued under the provisions of this act  chapter.
  6    All  installations  of  electrical  wiring,  equipment or apparatus made by an
  7    electrical contractor shall be done by or under the direct  supervision  of  a
  8    licensed  journeyman  electrician  or  residential wireman, as allowed in this
  9    chapter.
 10        (2)  The individual owner of an electrical contracting business may act as
 11    his own journeyman electrician provided that he has complied with  the  provi-
 12    sions  of  section  54-1002, Idaho Code, pertaining to journeyman electrician.
 13    Each electrical contractor in this state shall, upon request of  the  adminis-
 14    trator, or his authorized agent, furnish a list of journeyman journeymen elec-
 15    tricians and residential wiremen in said electrical contractor's employ.
 16        (3)  From  and after July 1, 1986, any individual working as an apprentice
 17    electrician, as defined in this act chapter, must be registered with the divi-
 18    sion of building safety, as an apprentice electrician, as provided in  section
 19    54-1007,  Idaho Code; and it shall be unlawful for an individual to work as an
 20    apprentice electrician without possessing a  current  apprentice  registration
 21    certificate.
 22        (4)  On  and  after  July  1,  1999, any individual working as a specialty
 23    electrical trainee, as defined in this chapter, must be  registered  with  the
 24    division  of  building  safety, as a specialty electrical trainee. It shall be
 25    unlawful for an individual to work as a specialty electrical  trainee  without
 26    possessing a current registration certificate.
 27        (5)  From  and after July 1, 2001, any individual working as an apprentice
 28    residential wireman, as defined in this chapter, must be registered  with  the
 29    division  of building safety as an apprentice residential wireman. It shall be
 30    unlawful for an individual to work as an apprentice residential wireman  with-
 31    out possessing a current registration certificate.
                                                                        
 32        SECTION  6.  That  Section 54-1014, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        54-1014.  FEES. The following fees shall be charged by  the  administrator
 35    of the division of building safety:
 36        Electrical contractor's license                                    $125.00
 37        Renewal of electrical contractor's license                          100.00
 38        Journeyman electrician's license                                     25.00
 39        Renewal of journeyman electrician's license                          15.00
 40        Application for license                                              15.00
 41        Revival of electrical contractor's license                          125.00
 42        Revival of journeyman electrician's license                          25.00
 43        Apprentice/specialty trainee registration and working license        10.00
 44        Specialty electrician's license                                      25.00
 45        Specialty electrician's license renewal                              15.00
 46        Specialty electrician's license revival                              25.00
 47        Specialty contractor's license                                      125.00
 48        Specialty contractor's license renewal                              100.00
 49        Specialty contractor's license revival                              125.00
 50        Master electrician's license                                         35.00
 51        Master electrician's license renewal                                 15.00
 52        Master electrician's license revival                                 25.00
 53        Residential wireman's license                                        25.00
                                                                        
                                           6
                                                                        
  1        Renewal of residential wireman's license                             15.00
  2        Revival of residential wireman's license                             25.00
  3        Apprentice residential wireman's registration and working license    10.00
                                                                        
  4        SECTION  7.  That  Section 54-1017, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        54-1017.  VIOLATIONS OF ACT CHAPTER A MISDEMEANOR.  Any  person,  partner-
  7    ship, company, firm, association or corporation who shall engage in the trade,
  8    business  or calling of an electrical contractor, journeyman electrician, mas-
  9    ter electrician, specialty electrician, specialty electrical contractor,  spe-
 10    cialty   electrical   trainee,  residential  wireman,  apprentice  residential
 11    wireman, or apprentice electrician without a license or required  registration
 12    as  provided  for  by this act chapter, or who shall violate any of the provi-
 13    sions of this act chapter, or the rules of the Idaho electrical  board  or  of
 14    the  administrator  of the division of building safety herein provided for, or
 15    who shall refuse to perform any duty lawfully enjoined upon him by the  admin-
 16    istrator  within the prescribed time; or who shall fail, neglect, or refuse to
 17    obey any lawful order given or made by the administrator shall be guilty of  a
 18    misdemeanor  and shall be subject to the civil penalties established by admin-
 19    istrative rule but not to exceed one thousand dollars ($1,000).  Each  day  of
 20    such  violation  shall constitute a separate offense. A violation will be con-
 21    sidered a second or additional offense only if it occurs within one  (1)  year
 22    from the first violation.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Kellogg             
                                                                        
                                                     Seconded by Harwood             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 291
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in  lines  39  and  40,  delete  "a  master
  3    electrician's" and insert: "an electrical contractor's".
                                                                        
  4                               AMENDMENTS TO SECTION 4
  5          On  page  4,  in line 34, following "apprentice" insert: "electrician or
  6    apprentice residential wireman"; in line 35, following "journeyman's"  insert:
  7    "or  residential  wireman's";  and delete line 36, and insert: "must also com-
  8    plete the required related instruction specific to  the  license  applied  for
  9    electrical apprentices".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 291, As Amended
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING  SECTION  54-1002,
  3        IDAHO  CODE, TO PROVIDE FOR LICENSURE OF SPECIALTY ELECTRICAL CONTRACTORS,
  4        RESIDENTIAL WIREMEN AND APPRENTICE RESIDENTIAL WIREMEN AND TO MAKE TECHNI-
  5        CAL CORRECTIONS; AMENDING SECTION 54-1003, IDAHO CODE, TO PROVIDE THAT THE
  6        ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY IS  AUTHORIZED  TO  ISSUE
  7        LICENSES  FOR A RESIDENTIAL WIREMAN AND AN APPRENTICE RESIDENTIAL WIREMAN;
  8        AMENDING SECTION 54-1003A, IDAHO CODE, TO DEFINE "RESIDENTIAL WIREMAN" AND
  9        "APPRENTICE RESIDENTIAL WIREMAN"; AMENDING SECTION 54-1007, IDAHO CODE, TO
 10        PROVIDE QUALIFICATIONS NECESSARY TO  APPLY  FOR  A  RESIDENTIAL  WIREMAN'S
 11        LICENSE  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 54-1010,
 12        IDAHO CODE, TO PROVIDE THAT CERTAIN ELECTRICAL INSTALLATIONS SHALL BE DONE
 13        BY OR UNDER THE DIRECT SUPERVISION OF A RESIDENTIAL  WIREMAN,  TO  PROVIDE
 14        THAT A LIST OF EMPLOYEES UNDER AN ELECTRICAL CONTRACTOR SHALL INCLUDE RES-
 15        IDENTIAL  WIREMEN,  TO REQUIRE THAT AN INDIVIDUAL WORKING AS AN APPRENTICE
 16        RESIDENTIAL WIREMAN MUST BE APPROPRIATELY REGISTERED WITH THE DIVISION  OF
 17        BUILDING SAFETY, TO PROVIDE THAT IT IS UNLAWFUL TO WORK WITHOUT POSSESSION
 18        OF  A  CURRENT REGISTRATION CERTIFICATE AND TO MAKE TECHNICAL CORRECTIONS;
 19        AMENDING SECTION 54-1014, IDAHO CODE, TO PROVIDE FEES; AND  AMENDING  SEC-
 20        TION 54-1017, TO PROVIDE A PENALTY FOR WORKING AS A RESIDENTIAL WIREMAN OR
 21        AS AN APPRENTICE RESIDENTIAL WIREMAN WITHOUT HAVING OBTAINED PROPER LICEN-
 22        SURE OR REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION  1.  That  Section 54-1002, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        54-1002.  LICENSE ESSENTIAL TO ENGAGE IN BUSINESS --  LICENSURE  AUTHORITY
 27    EXCLUSIVE  TO THE STATE. (1) It shall be unlawful for any person, partnership,
 28    company, firm, association or corporation, to act, or attempt to  act,  as  an
 29    electrical  contractor  or  special  electrical contractor in this state until
 30    such person, partnership, company, firm,  association  or  corporation,  shall
 31    have received a license as an electrical contractor, as herein defined, issued
 32    pursuant  to  the provisions of this chapter by the administrator of the divi-
 33    sion of building safety.
 34        (2)  It shall be unlawful for  any  person,  partnership,  company,  firm,
 35    association or corporation to act, or attempt to act as a specialty electrical
 36    contractor  in this state until such person shall have received a license as a
 37    specialty electrical contractor, as herein defined,  issued  pursuant  to  the
 38    provisions  of  this chapter, by the administrator of the division of building
 39    safety; provided however, that any person who has been  issued  an  electrical
 40    contractor's  license pursuant to this chapter may act as a specialty electri-
 41    cal contractor.
 42        (3)  It shall be unlawful for any person to act as a  journeyman  electri-
 43    cian  in this state until such person shall have received a license as a jour-
                                                                        
                                           2
                                                                        
  1    neyman electrician, as herein defined, issued pursuant to  the  provisions  of
  2    this  act  chapter,  by  the administrator of the division of building safety,
  3    provided, however, that any person who has been issued a master  electrician's
  4    license pursuant to this chapter may act as a journeyman electrician.
  5        (34)  It  shall  be unlawful for any person to act as a specialty electri-
  6    cian in this state until such person shall have received a license as  a  spe-
  7    cialty  electrician,  as  herein defined, issued pursuant to the provisions of
  8    this act chapter, by the administrator of the  division  of  building  safety,
  9    provided  however,  that any person who has been issued a master electrician's
 10    license or a journeyman electrician's license pursuant to this act chapter may
 11    act as a specialty electrician.
 12        (5)  It shall be unlawful for any person to act as a  residential  wireman
 13    in this state until such person shall have received a license as a residential
 14    wireman, as herein defined, issued pursuant to the provisions of this chapter,
 15    by  the  administrator  of  the division of building safety; provided however,
 16    that any person who has been issued a master electrician's license or a  jour-
 17    neyman electrician's license pursuant to this chapter may act as a residential
 18    wireman.
 19        (46)  Licensure of electrical contractors, journeyman electricians, master
 20    electricians,  specialty electricians, specialty electrical contractors, resi-
 21    dential  wiremen  and  registration  of  apprentice  electricians,   specialty
 22    trainees  and  apprentice  residential  wiremen  shall be within the exclusive
 23    jurisdiction of the state pursuant to this chapter and no  local  jurisdiction
 24    shall  have the authority to require additional licensure or to issue licenses
 25    to persons licensed under this chapter which are inconsistent with the  provi-
 26    sions of this chapter or rules promulgated by the division of building safety.
 27    The state shall investigate all local infractions and state violations of this
 28    chapter  and prosecute the same. The local jurisdictions will assist the state
 29    by requesting investigations within their jurisdictions. Nothing in this chap-
 30    ter shall restrict a city or  county  from  imposing  stricter  public  safety
 31    rules, notwithstanding any provision of Idaho Code.
                                                                        
 32        SECTION  2.  That  Section 54-1003, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        54-1003.  ADMINISTRATOR AUTHORITY. (1) Only the administrator of the divi-
 35    sion of building safety of the state of Idaho is authorized and  empowered  to
 36    conduct examinations and to pass upon the qualifications of applicants, and to
 37    grant  and  issue licenses or registrations to such applicants as are found to
 38    be qualified to engage in the trade, business or calling of a journeyman elec-
 39    trician, electrical contractor,  master  electrician,  specialty  electrician,
 40    specialty  electrical  contractor, residential wireman, apprentice residential
 41    wireman, specialty electrical trainee or apprentice electrician  in the manner
 42    and upon the terms and conditions hereinafter provided.
 43        (2)  No licenses granted hereunder shall be transferable.  Licenses  shall
 44    be  issued  upon  the  condition that the holder thereof shall comply with all
 45    provisions of this chapter.
 46        (3)  The administrator of the division of building safety is authorized to
 47    impose civil penalties as provided in this chapter.
                                                                        
 48        SECTION 3.  That Section 54-1003A, Idaho Code, be, and the same is  hereby
 49    amended to read as follows:
                                                                        
 50        54-1003A.  DEFINITIONS.  (1)  Electrical Contractor. Except as provided in
 51    section 54-1016, Idaho Code, any person, partnership, company, firm,  associa-
                                                                        
                                           3
                                                                        
  1    tion  or  corporation  engaging in, conducting, or carrying on the business of
  2    installing wires or equipment to carry electric current or installing  appara-
  3    tus  to  be  operated  by such current, or entering into agreements to install
  4    such wires, equipment or apparatus, shall for the purpose of this act  chapter
  5    be known as an electrical contractor.
  6        (2)  Journeyman  Electrician. Except as provided in section 54-1016, Idaho
  7    Code, and subsections (3), (4), (5) and (6) of this section,  any  person  who
  8    personally performs or supervises the actual physical work of installing elec-
  9    tric  wiring or equipment to convey electric current, or apparatus to be oper-
 10    ated by such current, shall, for the purpose of this act chapter, be known  as
 11    a journeyman electrician.
 12        (3)  Apprentice  Electrician.  Any person who, for the purpose of learning
 13    the trade of journeyman electrician, engages in the installation  of  electric
 14    wiring,  equipment,  or apparatus while under the constant on-the-job supervi-
 15    sion of a qualified journeyman electrician shall, for the purpose of this  act
 16    chapter, be known as an apprentice electrician.
 17        (4)  Maintenance Electrician. Any person who is regularly employed to ser-
 18    vice,  maintain  or  repair  electrical apparatus, or to make minor repairs or
 19    alterations  to  existing  electrical  wires  or  equipment  located  on   his
 20    employer's  premises shall, for the purpose of this act chapter, be known as a
 21    maintenance electrician.
 22        (5)  Master Electrician. A person who has  the  necessary  qualifications,
 23    training,  experience  and  technical  knowledge to plan, layout or design the
 24    installation of electrical wiring or equipment, or to supervise such planning,
 25    layout, or design, and who performs or supervises  such  planning,  layout  or
 26    design, shall, for the purpose of this act chapter, be known as a master elec-
 27    trician.
 28        (6)  Specialty  Electrician. A person having the necessary qualifications,
 29    training, experience and technical knowledge to  install,  alter,  repair  and
 30    supervise the installing, altering or repairing of special classes of electri-
 31    cal  wiring,  apparatus  or  equipment within categories adopted by the board.
 32    Specialty electricians shall perform work only within the scope  of  the  spe-
 33    cialty category for which the person is licensed.
 34        (7)  Specialty  Electrical  Contractor.  Except  as  provided  in  section
 35    54-1016,  Idaho  Code,  any person, partnership, company, firm, association or
 36    corporation engaging in, conducting or carrying on the business of installing,
 37    altering or repairing special  classes  of  electrical  wiring,  apparatus  or
 38    equipment  within  categories adopted by the board or entering into agreements
 39    to perform such specialty work, shall for the purpose of this act  chapter  be
 40    known  as a specialty electrical contractor.  Specialty electrical contractors
 41    shall perform work only within the scope of the specialty category  for  which
 42    the contractor is licensed.
 43        (8)  Specialty  Electrical  Trainee.  Any  person  who, for the purpose of
 44    learning the trade of a specialty electrician, engages in the installation  of
 45    electrical  wiring, equipment or apparatus while under the constant on-the-job
 46    supervision of a qualified specialty electrician shall,  for  the  purpose  of
 47    this act chapter, be known as a specialty electrical trainee.
 48        (9)  Residential  Wireman.  A person who has the necessary qualifications,
 49    training, experience and technical knowledge to  install,  alter,  repair  and
 50    supervise the altering or repairing of electrical wiring, equipment or appara-
 51    tus  in or on a residence, shall be known as a residential wireman. A residen-
 52    tial wireman shall perform work only within the  scope  of  this  category  as
 53    determined by the board.
 54        (10) Apprentice  Residential  Wireman. Any person who, for the purposes of
 55    learning the trade of residential wireman,  engages  in  the  installation  of
                                                                        
                                           4
                                                                        
  1    electric  wiring,  equipment  or apparatus while under the constant on-the-job
  2    supervision of a qualified residential wireman or a qualified journeyman elec-
  3    trician shall, for the purposes of this chapter, be  known  as  an  apprentice
  4    residential wireman.
                                                                        
  5        SECTION  4.  That  Section 54-1007, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        54-1007.  ISSUANCE OF LICENSES -- RECIPROCITY. (1) The administrator shall
  8    issue licenses to such persons as have by examination shown themselves  to  be
  9    fit,  competent  and   qualified to engage in the trade of journeyman electri-
 10    cian, specialty electrician, residential wireman or master electrician, and to
 11    such persons, firms, partnerships, associations or corporations as have  shown
 12    themselves  to  be  fit,  competent and qualified to engage in the business of
 13    electrical contracting or specialty electrical contracting. Any person who has
 14    worked as a journeyman electrician or as an apprentice electrician, as  herein
 15    defined,  for a period of not less than four (4) years, shall be considered as
 16    qualified to apply for a journeyman electrician's license in this state,  pro-
 17    vided  that  for each such year he is claiming to have worked as an apprentice
 18    electrician, the apprentice registered with the division of building safety as
 19    an apprentice, paid an apprentice registration fee,  and  submitted  with  his
 20    annual  application for apprentice registration verification of employment and
 21    hours worked. Any person who has worked as a  residential  wireman  or  as  an
 22    apprentice  residential  wireman,  as herein defined, for a period of not less
 23    than two (2) years, shall be considered qualified to apply for  a  residential
 24    wireman's license in this state, provided that for each year he is claiming to
 25    have  worked  as  an apprentice residential wireman, the apprentice shall have
 26    been registered with the division of building safety as an apprentice residen-
 27    tial wireman, shall have paid an apprentice residential  wireman  registration
 28    fee,  and  shall  have submitted with his annual application for registration,
 29    verification of employment and hours worked.  The  electrical  board  may,  by
 30    rule,  fix  the  apprentice  registration  fee, in an amount not to exceed the
 31    costs of  issuing  apprentice  registration  certificates  and  enforcing  the
 32    apprentice  registration  provisions of this act chapter, and may also by rule
 33    establish requirements relative to the manner of  verification  of  employment
 34    and  hours  worked.  Before  such  experience  as an apprentice electrician or
 35    apprentice residential wireman may be considered as qualifying the  apprentice
 36    to  take the journeyman's or residential wireman's examination, the apprentice
 37    must also complete the required related instruction specific  to  the  license
 38    applied  for  electrical  apprentices as approved by the Idaho state board for
 39    professional-technical education. Any person who has worked in this state  for
 40    a  period  of not less than two (2) years as a journeyman electrician shall be
 41    considered as qualified to apply for a master electrician's  license  in  this
 42    state.
 43        (2)  To  the  extent  that other states which provide for the licensing of
 44    electricians provide for similar action, the administrator, on the recommenda-
 45    tion of the  Idaho  electrical  board,  may  grant  licenses  to  electricians
 46    licensed  by  such other states, upon payment by the applicant of the required
 47    fee and upon furnishing proof to the board that the applicant  has  qualifica-
 48    tions at least equal to those provided herein for applicants for written exam-
 49    inations.  Applicants  who qualify for a license under this subsection are not
 50    required to take a written examination.
                                                                        
 51        SECTION 5.  That Section 54-1010, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        54-1010.  INSTALLATIONS  BY  ELECTRICAL  CONTRACTOR  PERFORMED BY LICENSED
  2    JOURNEYMAN OR RESIDENTIAL WIREMAN -- PRIOR  CERTIFICATE  HOLDERS  ENTITLED  TO
  3    LICENSE  --  LIST  OF  ELECTRICIANS  AND  RESIDENTIAL  WIREMEN IN CONTRACTOR'S
  4    EMPLOY. (1) On and after July 1, 1961, any electrical contractor who works  as
  5    a journeyman electrician, as herein defined, shall be required to have a jour-
  6    neyman  electrician's license issued under the provisions of this act chapter.
  7    All installations of electrical wiring, equipment  or  apparatus  made  by  an
  8    electrical  contractor  shall  be done by or under the direct supervision of a
  9    licensed journeyman electrician or residential wireman,  as  allowed  in  this
 10    chapter.
 11        (2)  The individual owner of an electrical contracting business may act as
 12    his  own  journeyman electrician provided that he has complied with the provi-
 13    sions of section 54-1002, Idaho Code, pertaining  to  journeyman  electrician.
 14    Each  electrical  contractor in this state shall, upon request of the adminis-
 15    trator, or his authorized agent, furnish a list of journeyman journeymen elec-
 16    tricians and residential wiremen in said electrical contractor's employ.
 17        (3)  From and after July 1, 1986, any individual working as an  apprentice
 18    electrician, as defined in this act chapter, must be registered with the divi-
 19    sion  of building safety, as an apprentice electrician, as provided in section
 20    54-1007, Idaho Code; and it shall be unlawful for an individual to work as  an
 21    apprentice  electrician  without  possessing a current apprentice registration
 22    certificate.
 23        (4)  On and after July 1, 1999, any  individual  working  as  a  specialty
 24    electrical  trainee,  as  defined in this chapter, must be registered with the
 25    division of building safety, as a specialty electrical trainee.  It  shall  be
 26    unlawful  for  an individual to work as a specialty electrical trainee without
 27    possessing a current registration certificate.
 28        (5)  From and after July 1, 2001, any individual working as an  apprentice
 29    residential  wireman,  as defined in this chapter, must be registered with the
 30    division of building safety as an apprentice residential wireman. It shall  be
 31    unlawful  for an individual to work as an apprentice residential wireman with-
 32    out possessing a current registration certificate.
                                                                        
 33        SECTION 6.  That Section 54-1014, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        54-1014.  FEES.  The  following fees shall be charged by the administrator
 36    of the division of building safety:
 37        Electrical contractor's license                                    $125.00
 38        Renewal of electrical contractor's license                          100.00
 39        Journeyman electrician's license                                     25.00
 40        Renewal of journeyman electrician's license                          15.00
 41        Application for license                                              15.00
 42        Revival of electrical contractor's license                          125.00
 43        Revival of journeyman electrician's license                          25.00
 44        Apprentice/specialty trainee registration and working license        10.00
 45        Specialty electrician's license                                      25.00
 46        Specialty electrician's license renewal                              15.00
 47        Specialty electrician's license revival                              25.00
 48        Specialty contractor's license                                      125.00
 49        Specialty contractor's license renewal                              100.00
 50        Specialty contractor's license revival                              125.00
 51        Master electrician's license                                         35.00
 52        Master electrician's license renewal                                 15.00
 53        Master electrician's license revival                                 25.00
                                                                        
                                           6
                                                                        
  1        Residential wireman's license                                        25.00
  2        Renewal of residential wireman's license                             15.00
  3        Revival of residential wireman's license                             25.00
  4        Apprentice residential wireman's registration and working license    10.00
                                                                        
  5        SECTION 7.  That Section 54-1017, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        54-1017.  VIOLATIONS  OF  ACT  CHAPTER A MISDEMEANOR. Any person, partner-
  8    ship, company, firm, association or corporation who shall engage in the trade,
  9    business or calling of an electrical contractor, journeyman electrician,  mas-
 10    ter  electrician, specialty electrician, specialty electrical contractor, spe-
 11    cialty  electrical  trainee,  residential  wireman,   apprentice   residential
 12    wireman,  or apprentice electrician without a license or required registration
 13    as provided for by this act chapter, or who shall violate any  of  the  provi-
 14    sions  of  this  act chapter, or the rules of the Idaho electrical board or of
 15    the administrator of the division of building safety herein provided  for,  or
 16    who  shall refuse to perform any duty lawfully enjoined upon him by the admin-
 17    istrator within the prescribed time; or who shall fail, neglect, or refuse  to
 18    obey  any lawful order given or made by the administrator shall be guilty of a
 19    misdemeanor and shall be subject to the civil penalties established by  admin-
 20    istrative  rule  but  not to exceed one thousand dollars ($1,000). Each day of
 21    such violation shall constitute a separate offense. A violation will  be  con-
 22    sidered  a  second or additional offense only if it occurs within one (1) year
 23    from the first violation.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 11130
                                
The purpose of this legislation is to create a new electrical
license (residential wireman) specifically for electricians who
would provide electrical services for residential facilities.
Residential wiring requires less training than commercial or
industrial electricians. It also would align Idaho with the
procedures used by our surrounding states. Provides technical
corrections, establishes license fees, provides a penalty for
residential wireman or apprentices working without a license or
registration.

                          FISCAL IMPACT

None





Contact
     Name: Rep. Kellogg
     Phone: 332 1000
     Name: Robert Corbell
     Phone: 288 1900






STATEMENT OF PURPOSE/FISCAL NOTE         H 29