1999 Legislation
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SENATE BILL NO. 1128 – Electricians, licensure/registratn

SENATE BILL NO. 1128

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S1128.......................................by COMMERCE AND HUMAN RESOURCES
ELECTRICIANS - Amends existing law to provide for licensure of master
journeyman electricians, specialty electricians, specialty electrical
contractors; and to provide for registration of apprentice electricians and
specialty electrical trainees.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Com/HuRes
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Davis
    Floor Sponsor - King
    Title apvd - to House
02/23    House intro - 1st rdg - to Comm/Hu Res
03/04    Rpt out - to Bus
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 60-0-10
      AYES -- Alltus, Barrett, Barraclough, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Geddes, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Lake, Limbaugh, Linford, Loertscher, Marley, McKague,
      Meyer(Duncan), Montgomery, Mortensen, Moyle, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
      Williams, Zimmermann
      NAYS -- None
      Absent and excused -- Black, Clark, Gagner, Gould, Kunz, Mader
      Pischner, Wheeler, Wood, Mr Speaker
    Floor Sponso - Taylor
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/26    Governor signed
         Session Law Chapter 367
         Effective: 07/01/99

Bill Text


S1128


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1128

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO ELECTRICIANS; AMENDING SECTION 54-1002, IDAHO CODE, TO PROVIDE FOR
 3        LICENSURE OF MASTER JOURNEYMAN ELECTRICIANS, SPECIALTY ELECTRICIANS,  SPE-
 4        CIALTY  ELECTRICAL CONTRACTORS AND FOR REGISTRATION OF APPRENTICE ELECTRI-
 5        CIANS; AMENDING SECTION 54-1003, IDAHO CODE, TO PROVIDE  FOR  ISSUANCE  OF
 6        LICENSES OR REGISTRATIONS FOR SPECIALTY ELECTRICIANS, SPECIALTY ELECTRICAL
 7        CONTRACTORS,  SPECIALTY  ELECTRICAL  TRAINEES  OR APPRENTICE ELECTRICIANS;
 8        AMENDING SECTION 54-1003A, IDAHO CODE, TO FURTHER DEFINE  TERMS;  AMENDING
 9        SECTION  54-1005,  IDAHO  CODE, TO PROVIDE FOR RULES, EXAMINATIONS, LICEN-
10        SURE, INSPECTIONS, INSPECTION TAGS AND FEES  FOR  ELECTRICAL  CONTRACTORS,
11        JOURNEYMAN  ELECTRICIANS,  MASTER JOURNEYMAN ELECTRICIANS, SPECIALTY ELEC-
12        TRICIANS, SPECIALTY ELECTRICAL CONTRACTORS, SPECIALTY ELECTRICAL  TRAINEES
13        AND APPRENTICE ELECTRICIANS; AMENDING SECTION 54-1006, IDAHO CODE, TO PRO-
14        VIDE  RULES FOR EXAMINATION AND LICENSING; AMENDING SECTION 54-1007, IDAHO
15        CODE, TO PROVIDE FOR LICENSURE AND RECIPROCITY FOR SPECIALTY  ELECTRICIANS
16        OR SPECIALTY ELECTRICAL CONTRACTORS; AMENDING SECTION 54-1010, IDAHO CODE,
17        TO  PROVIDE  FOR  REGISTRATION  OF  SPECIALTY ELECTRICAL TRAINEES WITH THE
18        DIVISION OF BUILDING SAFETY; AMENDING SECTION 54-1014, IDAHO CODE, TO PRO-
19        VIDE A SPECIALTY TRAINEE REGISTRATION FEE;  AND AMENDING SECTION  54-1017,
20        IDAHO  CODE,  TO  PROVIDE  MISDEMEANOR  PENALTIES FOR VIOLATIONS BY MASTER
21        JOURNEYMAN ELECTRICIANS, SPECIALTY ELECTRICIANS, SPECIALTY ELECTRICAL CON-
22        TRACTORS, SPECIALTY ELECTRICAL TRAINEES AND APPRENTICE ELECTRICIANS.

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
30    state  until  such person, partnership, company, firm, association or corpora-
31    tion, shall have received a license as an  electrical  contractor,  as  herein
32    defined,  issued pursuant to the provisions of this chapter by the administra-
33    tor of the division of building safety.
34        (2)  It shall be unlawful for any person to act as a  journeyman  electri-
35    cian  in this state until such person shall have received a license as a jour-
36    neyman electrician, as herein defined, issued pursuant to  the  provisions  of
37    this  act,  by the administrator of the division of building safety, provided,
38    however, that any person who has been issued a master journeyman electrician's
39    license pursuant to this chapter may act as a journeyman electrician.
40        (3)   It shall be unlawful for any person to act as a specialty elec-
41    trician in this state until such person shall have received  a  license  as  a
42    specialty electrician, as herein defined, issued pursuant to the provisions of
43    this  act,  by  the administrator of the division of building safety, provided


                                          2

 1    however, that any person who has been issued a master journeyman electrician's
 2    license or a journeyman electrician's license pursuant to this act may act  as
 3    a specialty electrician.
 4     
 5          (4)   Licensure of electrical contractors ,  
 6    and  journeyman electricians , master journeyman electricians, spe-
 7    cialty electricians, specialty  electrical  contractors  and  registration  of
 8    apprentice  electricians   shall be within the exclusive jurisdiction of
 9    the state pursuant to this chapter and no local jurisdiction  shall  have  the
10    authority  to  require  additional  licensure  or to issue licenses to persons
11    licensed under this chapter which are inconsistent with  the  provisions    of
12    this  chapter  or  rules  promulgated  by the division of building safety. The
13    state shall investigate all local infractions and  state  violations  of  this
14    chapter  and prosecute the same. The local jurisdictions will assist the state
15    by requesting investigations within their jurisdictions. Nothing in this chap-
16    ter shall restrict a city or  county  from  imposing  stricter  public  safety
17    rules, notwithstanding any provision of Idaho Code.

18        SECTION  2.  That  Section 54-1003, Idaho Code, be, and the same is hereby
19    amended to read as follows:

20        54-1003.  ADMINISTRATOR AUTHORIZED TO ISSUE LICENSE. Only the  administra-
21    tor of the division of building safety of the state of Idaho is authorized and
22    empowered  to  conduct  examinations  and  to  pass upon the qualifications of
23    applicants, and to grant and issue licenses  or registrations    to
24    such  applicants as are found to be qualified to engage in the trade, business
25    or calling of a journeyman electrician ,   or   electri-
26    cal   contractor   ,            or    master  journeyman
27    electrician , specialty  electrician,  specialty  electrical  contractor,
28    specialty  electrical  trainee or apprentice electrician   in the manner
29    and upon the terms and conditions hereinafter provided.  No  licenses  granted
30    hereunder  shall  be transferable. Licenses shall be issued upon the condition
31    that the holder thereof shall comply with all provisions of this chapter.

32        SECTION 3.  That Section 54-1003A, Idaho Code, be, and the same is  hereby
33    amended to read as follows:

34        54-1003A.  DEFINITIONS.  (1)  Electrical Contractor. Except as provided in
35    section 54-1016, Idaho Code, any person, partnership, company, firm,  associa-
36    tion  or  corporation  engaging in, conducting, or carrying on the business of
37    installing wires or equipment to carry electric current or installing  appara-
38    tus  to  be  operated  by such current, or entering into agreements to install
39    such wires, equipment or apparatus, shall for the purpose of this act be known
40    as an electrical contractor.
41        (2)  Journeyman Electrician. Except as provided in section 54-1016,  Idaho
42    Code,  and   part   subsections ( 3 ),  
43    and part   ( 4 ), (5) and (6)   of  this  section,
44    any  person  who personally performs or supervises the actual physical work of
45    installing electric wiring or equipment to convey electric current, or appara-
46    tus to be operated by such current, shall, for the purpose  of  this  act,  be
47    known as a journeyman electrician.
48        (3)  Apprentice  Electrician.  Any person who, for the purpose of learning
49    the trade of journeyman electrician, engages in the installation  of  electric
50    wiring,  equipment,  or apparatus while under the constant on-the-job supervi-
51    sion of a qualified journeyman electrician shall, for the purpose of this act,


                                          3

 1    be known as an apprentice electrician.
 2        (4)  Maintenance Electrician. Any person who is regularly employed to ser-
 3    vice, maintain or repair electrical apparatus, or to  make  minor  repairs  or
 4    alterations   to  existing  electrical  wires  or  equipment  located  on  his
 5    employer's premises shall, for the purpose of this act, be known as a  mainte-
 6    nance electrician.
 7        (5)  Master  Journeyman Electrician. A person who has the necessary quali-
 8    fications, training, experience and technical knowledge  to  plan,  layout  or
 9    design  the  installation  of  electrical wiring or equipment, or to supervise
10    such planning, layout, or design, and who performs or  supervises  such  plan-
11    ning,  layout  or  design,  shall, for the purpose  of this act, be known as a
12    master journeyman electrician.
13         (6)  Specialty Electrician. A person having the necessary qualifica-
14    tions, training, experience and technical knowledge to install, alter,  repair
15    and  supervise  the  installing,  altering  or repairing of special classes of
16    electrical wiring, apparatus or equipment within  categories  adopted  by  the
17    board.  Specialty electricians shall perform work only within the scope of the
18    specialty category for which the person is licensed.
19     
20          (7)  Specialty Electrical Contractor. Except as provided in section
21    54-1016, Idaho Code, any person, partnership, company,  firm,  association  or
22    corporation engaging in, conducting or carrying on the business of installing,
23    altering  or  repairing  special  classes  of  electrical wiring, apparatus or
24    equipment within categories adopted by the board or entering  into  agreements
25    to  perform such specialty work, shall for the purpose of this act be known as
26    a specialty electrical contractor.   Specialty  electrical  contractors  shall
27    perform  work  only  within  the scope of the specialty category for which the
28    contractor is licensed.
29     
30         (8)  Specialty Electrical Trainee. Any person who, for  the  purpose
31    of  learning the trade of a specialty electrician, engages in the installation
32    of electrical wiring, equipment or apparatus while under the constant  on-the-
33    job supervision of a qualified specialty electrician shall, for the purpose of
34    this act, be known as a specialty electrical trainee. 

35        SECTION  4.  That  Section 54-1005, Idaho Code, be, and the same is hereby
36    amended to read as follows:

37        54-1005.  RULES -- INSPECTIONS -- INSPECTION TAGS AND FEES. (1) The admin-
38    istrator of the division of building safety is hereby authorized and  directed
39    to  enforce  rules consistent with this act for the administration of this act
40    and to effectuate the purposes thereof, and  for  the    examination  and
41      licensing of electrical contractors ,   and the exami-
42    nation and licensing of  journeyman electricians,  and the examina-
43    tion and licensing of  master journeyman electricians  ,  specialty
44    electricians,  specialty electrical contractors, specialty electrical trainees
45    and apprentice electricians,  and to set by rule the fee  s  
46    for    master  journeyman    electrician      all  such 
47    licenses, and to make inspections of electrical installations referred  to  in
48    section  54-1001,  Idaho  Code,  and  to  issue  inspection tags covering such
49    installations, and to collect the fees established therefor.
50        (2)  Individuals, firms,  cooperatives,  corporations,  or  municipalities
51    selling  electricity,  hereinafter known as the power supplier, shall not con-
52    nect with or energize any electrical installation, coming under the provisions
53    of this act, unless the owner or a licensed electrical contractor  has  deliv-


                                          4

 1    ered  to  the  power  supplier an inspection tag, issued by the administrator,
 2    covering the installation to be energized. Immediately after  an  installation
 3    has  been  energized, the power supplier shall deliver to the administrator or
 4    his authorized agent, the inspection tag covering such installation.
 5        (3)  It shall be unlawful for  any  person,  partnership,  company,  firm,
 6    association  or corporation other than a power supplier, to energize any elec-
 7    trical installation coming under the provisions of this act unless an applica-
 8    tion for an electrical inspection tag, covering  such  installation,  together
 9    with the inspection fee herein provided, has been forwarded to the administra-
10    tor.

11        SECTION  5.  That  Section 54-1006, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        54-1006.  IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board,  herein-
14    after known as the board, is hereby created and made a part of the division of
15    building  safety. It shall be the responsibility and duty of the administrator
16    of the division of building safety to administer and enforce the provisions of
17    this act, to serve as secretary to the Idaho electrical board, and to  appoint
18    the chief electrical inspector.
19        (2)  The  board  shall consist of seven (7) members to be appointed by the
20    governor with power of removal for cause. Board members shall be appointed for
21    a term of four (4) years.  Whenever  a  vacancy  occurs,  the  governor  shall
22    appoint  a  qualified  person to fill the vacancy for the unexpired portion of
23    the term.
24        (3)  All members of the board shall be citizens of the United States, res-
25    idents of this state for not less than two (2) years and shall be qualified by
26    experience, knowledge and integrity in formulating rules for examinations,  in
27    passing  on  the  fitness and qualifications of applicants for electrical con-
28    tractor and journeyman electrician licenses and in establishing standards  for
29    electrical  products  to  be used in electrical installations coming under the
30    provisions of this act.
31        (4)  The members of the board shall, at their first regular  meeting  fol-
32    lowing  the  effective  date  of  this act and every two (2) years thereafter,
33    elect by majority vote of the members of the board, a chairman who shall  pre-
34    side at meetings of the board. In the event the chairman is not present at any
35    board meeting, the board may by majority vote of the members present appoint a
36    temporary  chairman. A majority of the members of the board shall constitute a
37    quorum.
38        (5)  The board is authorized and directed to  prescribe  and  amend  rules
39    consistent  with this act for the administration of this chapter and to effec-
40    tuate the purpose thereof, and for the  examination and   licensing
41    of  electrical contractors ,   and the examination and licens-
42    ing of  journeyman electricians , master  journeyman  electricians,
43    specialty electricians, specialty electrical contractors, specialty electrical
44    trainees  and  apprentice  electricians . The board shall also establish
45     the classifications for specialty electrician and  specialty  electrical
46    contractor licensing and  the fees to be charged for permits and inspec-
47    tions of electrical systems.
48        (6)  Each  member  of the board not otherwise compensated by public moneys
49    shall be compensated as provided by section 59-509(g), Idaho Code.

50        SECTION 6.  That Section 54-1007, Idaho Code, be, and the same  is  hereby
51    amended to read as follows:


                                          5

 1        54-1007.  ISSUANCE OF LICENSES -- RECIPROCITY. (1) The administrator shall
 2    issue  licenses  to such persons as have by examination shown themselves to be
 3    fit, competent and qualified to engage in the trade of journeyman electrician,
 4     specialty electrician  or master journeyman  electrician,  and  to
 5    such  persons, firms, partnerships, associations or corporations as have shown
 6    themselves to be fit, competent and qualified to engage  in  the  business  of
 7    electrical  contracting   or specialty electrical contracting . Any
 8    person who has worked as a journeyman electrician or as an apprentice electri-
 9    cian, as herein defined, for a period of not less than four (4)  years,  shall
10    be  considered as qualified to apply for a journeyman electrician's license in
11    this state, provided that for each such year he is claiming to have worked  as
12    an  apprentice  electrician,  the  apprentice  registered with the division of
13    building safety as an apprentice, paid an  apprentice  registration  fee,  and
14    submitted with his annual application for apprentice registration verification
15    of  employment  and  hours  worked. The electrical board may, by rule, fix the
16    apprentice registration fee, in an amount not to exceed the costs  of  issuing
17    apprentice  registration   certificates and enforcing the apprentice registra-
18    tion provisions of this act, and may also by rule establish requirements rela-
19    tive to the manner of verification of employment and hours worked. Before such
20    experience as an apprentice may be considered as qualifying the apprentice  to
21    take  the  journeyman's  examination,  the  apprentice  must also complete the
22    required related instruction for electrical apprentices  as  approved  by  the
23    Idaho  state board for vocational education. Any person who has worked in this
24    state for a period of not less than two (2) years as a journeyman  electrician
25    shall   be   considered   as  qualified  to  apply  for  a  master  journeyman
26    electrician's license in this state.
27        (2)  To the extent that other states which provide for  the  licensing  of
28    electricians provide for similar action, the administrator, on the recommenda-
29    tion  of  the  Idaho  electrical  board,  may  grant  licenses to electricians
30    licensed by such other states, upon payment by the applicant of  the  required
31    fee  and  upon furnishing proof to the board that the applicant has qualifica-
32    tions at least equal to those provided herein for applicants for written exam-
33    inations. Applicants who qualify for a license under this subsection  are  not
34    required to take a written examination.

35        SECTION  7.  That  Section 54-1010, Idaho Code, be, and the same is hereby
36    amended to read as follows:

37        54-1010.  INSTALLATIONS BY ELECTRICAL  CONTRACTOR  PERFORMED  BY  LICENSED
38    JOURNEYMAN  --  PRIOR CERTIFICATE HOLDERS ENTITLED TO LICENSE -- LIST OF ELEC-
39    TRICIANS IN CONTRACTOR'S EMPLOY. (1) On and after July 1, 1961, any electrical
40    contractor who works as a journeyman electrician, as herein defined, shall  be
41    required  to  have  a journeyman electrician's license issued under the provi-
42    sions of this act. All installations of electrical wiring, equipment or  appa-
43    ratus  made  by  an electrical contractor shall be done by or under the direct
44    supervision of a licensed journeyman electrician.
45        (2)  The individual owner of an electrical contracting business may act as
46    his own journeyman electrician provided that he has complied with  the  provi-
47    sions  of  section  54-1002, Idaho Code, pertaining to journeyman electrician.
48    Each electrical contractor in this state shall, upon request of  the  adminis-
49    trator,  or his authorized agent, furnish a list of journeyman electricians in
50    said electrical contractor's employ.
51        (3)  From and after July 1, 1986, any individual working as an  apprentice
52    electrician,  as  defined in this act, must be registered with the division of
53    building safety, as an apprentice electrician, as provided in section 54-1007,


                                          6

 1    Idaho Code; and it shall be unlawful for an individual to work as  an  appren-
 2    tice electrician without possessing a current apprentice registration certifi-
 3    cate.
 4          (4)  On  and  after  July 1, 1999, any individual working as a spe-
 5    cialty electrical trainee, as defined in this chapter, must be registered with
 6    the division of building safety, as a specialty electrical trainee.  It  shall
 7    be  unlawful for an individual to work as a specialty electrical trainee with-
 8    out possessing a current registration certificate. 

 9        SECTION 8.  That Section 54-1014, Idaho Code, be, and the same  is  hereby
10    amended to read as follows:

11        54-1014.  FEES.  The  following fees shall be charged by the administrator
12    of the division of building safety:
13        Electrical contractor's license                                    $125.00
14        Renewal of electrical contractor's license                          100.00
15        Journeyman electrician's license                                     25.00
16        Renewal of journeyman electrician's license                          15.00
17        Application for license                                              15.00
18        Revival of electrical contractor's license                          125.00
19        Revival of journeyman electrician's license                          25.00
20        Apprentice /specialty trainee  registration and working license
21                                                                             10.00
22        Specialty electrician's license                                      25.00
23        Specialty electrician's license renewal                              15.00
24        Specialty electrician's license revival                              25.00
25        Specialty contractor's license                                      125.00
26        Specialty contractor's license renewal                              100.00
27        Specialty contractor's license revival                              125.00
28        Master journeyman electrician's license                              35.00
29        Master journeyman electrician's license renewal                      25.00
30        Master journeyman electrician's license revival                      35.00
31
32        SECTION 9.  That Section 54-1017, Idaho Code, be, and the same  is  hereby
33    amended to read as follows:

34        54-1017.  VIOLATIONS  OF  ACT A MISDEMEANOR. Any person, partnership, com-
35    pany, firm, association or corporation who shall engage in the trade, business
36    or calling of an electrical contractor ,   or   journey-
37    man  electrician,   master journeyman electrician, specialty electrician,
38    specialty electrical contractor, specialty electrical  trainee  or  apprentice
39    electrician  without  a license  or required registration  as
40    provided for by this act, or who shall violate any of the provisions  of  this
41    act, or the rules of the Idaho electrical board or of the administrator of the
42    division  of  building safety herein provided for, or who shall refuse to per-
43    form any duty lawfully enjoined upon him by the administrator within the  pre-
44    scribed  time;  or who shall fail, neglect, or refuse to obey any lawful order
45    given or made by the administrator shall be guilty of a misdemeanor. Each  day
46    of such violation shall constitute a separate offense.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS08841C1




This bill would clarify the statutory authority of the Idaho State
Electrical Board to define and license specialty electrical
categories and registration of specialty electrical trainees.












                           FISCAL NOTE


Estimated fiscal impact would be less than $2000 revenue for
specialty electrical trainee registration fees.



CONTACT:  Senator Robbi King 332-1339
         Dale Pippitt,Pres. Idaho Groundwater Assn. 733-1240
         


                                      STATEMENT OF PURPOSE/ FISCAL NOTE                 S1128