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1 | AN ACT concerning the regulation of electricians. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Electrician Licensing Act. | |||||||||||||||||||||
6 | Section 5. Purpose and policy. Improper electrical wiring | |||||||||||||||||||||
7 | and building construction can adversely affect the well being | |||||||||||||||||||||
8 | of the public by causing fires due to short circuits and | |||||||||||||||||||||
9 | overloading of protection devices. Faulty wiring is | |||||||||||||||||||||
10 | potentially lethal and can cause widespread fires with | |||||||||||||||||||||
11 | disastrous consequences to persons and property. To protect | |||||||||||||||||||||
12 | the health of the public, it is essential that electrical | |||||||||||||||||||||
13 | wiring be installed by contractors who are registered with the | |||||||||||||||||||||
14 | state and passed all applicable state standards. To further | |||||||||||||||||||||
15 | promote health and safety, it is essential that the State | |||||||||||||||||||||
16 | inquire as to the potential benefits of licensing other | |||||||||||||||||||||
17 | building trades in consultation with labor and ownership in | |||||||||||||||||||||
18 | the construction industry. | |||||||||||||||||||||
19 | Consistent with its duty to safeguard the health of the | |||||||||||||||||||||
20 | people of this State, the General Assembly declares that the | |||||||||||||||||||||
21 | planning, inspecting, installing, altering, extending, | |||||||||||||||||||||
22 | repairing, and maintaining of electrical wiring systems shall | |||||||||||||||||||||
23 | be performed by entities demonstrating levels of proven skill. |
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1 | Further, the General Assembly declares that a guide for | ||||||
2 | minimum control of electrical materials and equipment, the | ||||||
3 | design of electrical systems, and the construction and | ||||||
4 | installation methods of electrical systems is essential for | ||||||
5 | the protection of public health. In order to insure proper | ||||||
6 | electrical wiring practice, this Act provides for the | ||||||
7 | licensing of electrical contractors and supervising | ||||||
8 | electricians and for the adoption of the National Electrical | ||||||
9 | Code (NFPA70) as standards by the Department. This Act is | ||||||
10 | therefore declared to be essential to the public interest. | ||||||
11 | Section 10. Definitions. As used in this Act: | ||||||
12 | "Board" means the Illinois State Electrical Licensing | ||||||
13 | Advisory Board. | ||||||
14 | "Department" means the Illinois Department of Professional | ||||||
15 | Regulation. | ||||||
16 | "Director" means the Director of the Illinois Department | ||||||
17 | of Professional Regulation. | ||||||
18 | "Electrical contractor" means a person, firm, or | ||||||
19 | corporation operating a business that undertakes or offers to | ||||||
20 | undertake to plan for, lay out, supervise, or install or to | ||||||
21 | make additions, alterations, maintenance, or repairs in the | ||||||
22 | installation of wiring, apparatus, or equipment for electric | ||||||
23 | light, heat, or power with or without compensation and who is | ||||||
24 | licensed as an electrical contractor by the Department of | ||||||
25 | Professional Regulation. An electrical contractor's license |
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1 | does not of itself qualify its holder to perform the | ||||||
2 | electrical work. The term electrical contractor does not | ||||||
3 | include employees employed by such contractor to do or | ||||||
4 | supervise such work. | ||||||
5 | "Governmental unit" means a city, village, incorporated | ||||||
6 | town, or county. | ||||||
7 | "Owner" means a natural person who physically performs | ||||||
8 | electrical work on premises the person owns and actually | ||||||
9 | occupies as a single family residence or owns as a single | ||||||
10 | family residence upon completion of construction. | ||||||
11 | "Supervising Electrician" means an individual not less | ||||||
12 | than twenty-one years of age with at least three years of | ||||||
13 | experience in the installation, alteration, repair, and | ||||||
14 | maintenance of electrical wires, equipment, and apparatus, or | ||||||
15 | an experience equivalent thereto and having passed an exam | ||||||
16 | provided by the Department that sufficiently indicates the | ||||||
17 | individual has knowledge and technical training to perform the | ||||||
18 | work or to supervise the installation, alteration, repair and | ||||||
19 | maintenance of electrical wires, equipment, and apparatus. | ||||||
20 | Section 15. Electrical Licensing Advisory Board. | ||||||
21 | (a) There is created the Electrical Licensing Advisory | ||||||
22 | Board that shall exercise its duties provided in this Act | ||||||
23 | under the supervision of the Department. The Board shall | ||||||
24 | consist of an executive director, who serves as an ex officio | ||||||
25 | member, and 11 members appointed by the governor subject to |
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1 | the advice and consent of the Senate. The Board shall be | ||||||
2 | composed of the following members: | ||||||
3 | (1) one member must be the chief electrical inspector | ||||||
4 | of a municipality with a population of not less than | ||||||
5 | 150,000, according to the most recent federal census, | ||||||
6 | selected from a list of names submitted by a statewide | ||||||
7 | association of municipal governments; | ||||||
8 | (2) one member must be a building code official of a | ||||||
9 | municipality with a population of less than 150,000, | ||||||
10 | according to the most recent federal census, selected from | ||||||
11 | a list of names submitted by a statewide association of | ||||||
12 | municipal governments; | ||||||
13 | (3) one member must be a supervising electrician | ||||||
14 | selected from a list of names submitted by the | ||||||
15 | Homebuilders Association of Illinois; | ||||||
16 | (4) one member must be an electrical contractor | ||||||
17 | selected from a list of names submitted by the Associated | ||||||
18 | Builders & Contractors, Northern Illinois Chapter; | ||||||
19 | (5) one member must be a supervising electrician | ||||||
20 | selected from a list of names submitted by the Illinois | ||||||
21 | State Association of Electrical Workers of the | ||||||
22 | International Brotherhood of Electrical Workers; | ||||||
23 | (6) one member must be an electrical contractor | ||||||
24 | selected from a list of names submitted by the National | ||||||
25 | Electrical Contractors Association, Northeastern Illinois | ||||||
26 | Chapter; |
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1 | (7) one member must be a training director selected | ||||||
2 | from a list of names submitted by the Illinois State | ||||||
3 | Association of Electrical Workers of the International | ||||||
4 | Brotherhood of Electrical Workers; | ||||||
5 | (8) one member must be a training director selected | ||||||
6 | from an Illinois building and contractors association; | ||||||
7 | (9) one member must be a licensed electrical engineer; | ||||||
8 | (10) the State Fire Marshal; and | ||||||
9 | (11) the Director of the Department of Professional | ||||||
10 | Regulation. | ||||||
11 | Members of the Board shall serve 4 year terms and until | ||||||
12 | their successors are appointed and qualified. The initial | ||||||
13 | appointments, however, shall be as follows: 3 members for | ||||||
14 | terms of 2 years, 3 members for 3 years, and 2 members for 4 | ||||||
15 | years. The State Fire Marshal's service on the Board shall be | ||||||
16 | continuous. Board members shall receive no compensation but | ||||||
17 | shall be reimbursed for expenses incurred in connection with | ||||||
18 | their duties as Board members. | ||||||
19 | (b) The Director shall serve as the presiding officer of | ||||||
20 | the Board. | ||||||
21 | (c) A majority constitutes a quorum for the transaction of | ||||||
22 | business and Roberts Rules of Order shall be the rules by which | ||||||
23 | the Board's actions shall be conducted. | ||||||
24 | (d) The Board shall aid the Director and the Department | ||||||
25 | by: | ||||||
26 | (1) suggesting rules to govern examinations and |
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1 | hearing for suspension, revocation, or reinstatement of | ||||||
2 | licenses; | ||||||
3 | (2) submitting recommendations to the Director from | ||||||
4 | time to time for the efficient administration of this Act; | ||||||
5 | and | ||||||
6 | (3) performing other duties from time to time as | ||||||
7 | prescribed by the Director. | ||||||
8 | Section 20. Powers and duties of the Director. The Director | ||||||
9 | shall: | ||||||
10 | (a) prepare forms for application for electrical | ||||||
11 | contractor and supervising electrician licenses and for | ||||||
12 | examination for supervising electrician licenses; | ||||||
13 | (b) prepare and issue licenses as provided in this Act; | ||||||
14 | (c) with the aid of the Board, prescribe rules for the | ||||||
15 | examination of applicants for supervising electrician | ||||||
16 | licenses; | ||||||
17 | (d) with the aid of the Board, prepare and give uniform and | ||||||
18 | comprehensive examinations to applicants for supervisory | ||||||
19 | electrician licenses that shall test their knowledge and | ||||||
20 | qualifications in the planning and design of electrical | ||||||
21 | systems, their knowledge, qualifications, and manual skills in | ||||||
22 | electrical installations, and their knowledge of the National | ||||||
23 | Electrical Code relating to materials, design, and | ||||||
24 | installation of methods of electrical systems; | ||||||
25 | (e) issue electrical contractor and supervising |
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1 | electrician licenses and license renewals to every applicant | ||||||
2 | who has passed the examination and who has paid the required | ||||||
3 | license and renewal fee; | ||||||
4 | (f) prescribe rules for hearings to deny, suspend, revoke, | ||||||
5 | or reinstate licenses as provided in this Act; | ||||||
6 | (g) establish and collect fees for the examination, | ||||||
7 | issuance, and renewal of licenses; and | ||||||
8 | (h) formulate and publish rules necessary or appropriate | ||||||
9 | to carrying out the provisions of this Act. | ||||||
10 | Section 25. Licenses. | ||||||
11 | (a) Electrical Contractor. Except as otherwise provided by | ||||||
12 | law, no person shall plan, install, repair, maintain, lay out, | ||||||
13 | or supervise the installation of wiring, apparatus, or | ||||||
14 | equipment for electrical light, heat, power, or other purposes | ||||||
15 | unless the person: | ||||||
16 | (1) is licensed by the Department as an electrical | ||||||
17 | contractor; | ||||||
18 | (2) provides the Department a bond to the State in the | ||||||
19 | penal sum of $5,000 conditioned upon the faithful and | ||||||
20 | lawful performance of all work entered into by the | ||||||
21 | electrical contractor within the State of Illinois. The | ||||||
22 | bond shall be for the benefit of persons injured or | ||||||
23 | suffering financial loss by reason of failure of | ||||||
24 | performance. The bond shall be filed with the Department | ||||||
25 | and shall be in lieu of all other license bonds to any |
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1 | political subdivision. The bond shall be written by a | ||||||
2 | corporate surety licensed to do business in the State of | ||||||
3 | Illinois; | ||||||
4 | (3) files with the Department a certificate evidencing | ||||||
5 | in effect general liability insurance, that includes | ||||||
6 | premises and operations insurance and products and | ||||||
7 | completed operations insurance, with limits of at least | ||||||
8 | $100,000 per occurrence, $300,000 aggregate limit for | ||||||
9 | bodily injury, and property damage insurance with limits | ||||||
10 | of at least $25,000 or a policy with a single limit for | ||||||
11 | bodily injury and property damage of $300,000 per | ||||||
12 | occurrence and $300,000 aggregate limits. The insurance | ||||||
13 | shall be written by an insurer licensed to do business in | ||||||
14 | the State of Illinois and shall provide that the insurance | ||||||
15 | shall not be cancelled without the insurer first giving 15 | ||||||
16 | days written notice to the Department of the cancellation; | ||||||
17 | and | ||||||
18 | (4) has appointed or employed a licensed supervising | ||||||
19 | electrician responsible for the performance of all | ||||||
20 | electrical work in accordance with the requirements of | ||||||
21 | this Act. The application for an electrical contractor's | ||||||
22 | license must include a verified statement that the | ||||||
23 | designated responsible supervising electrician is an | ||||||
24 | individual who is not employed in any capacity as a | ||||||
25 | licensed supervising electrician by any other electrical | ||||||
26 | contractor. |
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1 | (b) Supervising Electrician. Except as otherwise provided | ||||||
2 | by law, no person shall wire for, plan, install, maintain, lay | ||||||
3 | out, or supervise the installation of wiring, apparatus, or | ||||||
4 | equipment for electric light, heat, or power, unless the | ||||||
5 | person is licensed by the Department as a supervising | ||||||
6 | electrician employed or appointed by a licensed electrical | ||||||
7 | contractor. | ||||||
8 | An applicant for a supervising electrician's license shall | ||||||
9 | have had at least 2 years of experience, acceptable to the | ||||||
10 | Department, in wiring for, installing, and repairing | ||||||
11 | electrical wiring, apparatus, or equipment. The Department, | ||||||
12 | however, may by rule provide for the allowance of one year of | ||||||
13 | experience credit for successful completion of a 2 year post | ||||||
14 | high school electrical course approved by the Department. | ||||||
15 | Section 30. Examination. In addition to other requirements | ||||||
16 | imposed by this Act and except as otherwise provided in this | ||||||
17 | Act, as a precondition to issuance of a supervising | ||||||
18 | electrician's license, each applicant must pass a written | ||||||
19 | examination given by the Department. The exam shall test their | ||||||
20 | knowledge and qualifications in the planning and design of | ||||||
21 | electrical systems, their knowledge, qualifications, and | ||||||
22 | manual skills in electrical installations, and their knowledge | ||||||
23 | of the National Electrical Code relating to materials, design, | ||||||
24 | and installation of methods of electrical systems. Any | ||||||
25 | licensee failing to renew his or her license for 2 years or |
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1 | more after its expiration shall be required to retake the | ||||||
2 | examination before he or she is issued a new license. | ||||||
3 | Section 35. Experience requirements. | ||||||
4 | (a) Except as otherwise provided for a supervising | ||||||
5 | electrician's license under Section 25, an applicant for a | ||||||
6 | supervising electrician's license shall meet the experience | ||||||
7 | requirements of this Section before examination for licensure. | ||||||
8 | (b) The maximum allowable credit for electrical | ||||||
9 | experience: | ||||||
10 | (1) before age 18 is 6 months; | ||||||
11 | (2) in the military service is 12 months; | ||||||
12 | (3) in foreign countries is 12 months; and | ||||||
13 | (4) acquired during the school term of an approved | ||||||
14 | post high school electrical course is 12 months. | ||||||
15 | (c) Experience in the categories of planning for the | ||||||
16 | installation of wiring, apparatus, and equipment for light, | ||||||
17 | heat, and power; laying out for the installation of wiring, | ||||||
18 | apparatus, and equipment for light, heat, and power; | ||||||
19 | supervising the installation of wiring, apparatus, and | ||||||
20 | equipment for light, heat, and power; and wiring and | ||||||
21 | installation of electrical wiring, apparatus, and equipment | ||||||
22 | for light, heat, and power is acceptable to the Board in the | ||||||
23 | following situations: | ||||||
24 | (1) experience while in the employ of an electrical | ||||||
25 | contractor licensed under this Act; |
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1 | (2) experience while working in Illinois for an | ||||||
2 | employer who is not required to be licensed as an | ||||||
3 | electrical contractor, if the work is inspected and done | ||||||
4 | under the supervision of a properly licensed electrician; | ||||||
5 | (3) experience while performing electrical work in | ||||||
6 | Illinois for an employer who is exempt from licensing when | ||||||
7 | the work is exempt from inspection or when the work is | ||||||
8 | performed on federal property by a federal employee, if | ||||||
9 | the Department has determined in either situation that the | ||||||
10 | experience is substantially equal to that acquired in | ||||||
11 | performing work while in the employ of a licensed | ||||||
12 | electrical contractor; | ||||||
13 | (4) experience while performing electrical work | ||||||
14 | outside of Illinois, which the Department has determined | ||||||
15 | is substantially equivalent to the work performed while in | ||||||
16 | the employ of a licensed electrical contractor in | ||||||
17 | Illinois. This determination must be based on a | ||||||
18 | certification by the employer for the type of work | ||||||
19 | performed. | ||||||
20 | Section 40. Military exemption. The Department shall | ||||||
21 | reinstate a supervising electrician license that expires while | ||||||
22 | a licensee is in active Military Service of the United States | ||||||
23 | upon application to the Department by the licensee within 2 | ||||||
24 | years after termination of the military service, payment of | ||||||
25 | the annual license fee, and submission of evidence of the |
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1 | military service. The license shall be reinstated without | ||||||
2 | examination and without payment of the lapsed renewal fee. | ||||||
3 | Section 45. License and renewal fees. | ||||||
4 | (a) All licenses issued under this Act shall expire | ||||||
5 | annually in a manner as provided by the Department. | ||||||
6 | (b) The Department shall provide for fees by rule; | ||||||
7 | however, the fees shall not exceed the following amounts: | ||||||
8 | (1) the application fee for a license or temporary | ||||||
9 | license, $100; | ||||||
10 | (2) the fee for renewal of a license, $25; | ||||||
11 | (3) the fee for reinstatement of a license that has | ||||||
12 | been expired for less than 2 years, $50 plus payment of all | ||||||
13 | unpaid renewal fees; | ||||||
14 | (4) the fee for restoration of a license that has been | ||||||
15 | expired for more than 2 years, $100; | ||||||
16 | (5) the fee for issuance of a duplicate license, the | ||||||
17 | issuance of a replacement that has been lost or destroyed, | ||||||
18 | or the issuance of a license with a change of name and | ||||||
19 | address, other than during the renewal period, $25; | ||||||
20 | (6) the fee for certification of a licensee's record | ||||||
21 | for any purpose, $25; | ||||||
22 | (7) the fee for rescoring of an examination, the cost | ||||||
23 | to the Department of rescoring the examination plus any | ||||||
24 | fees charged by the applicable testing service to have the | ||||||
25 | examination rescored; |
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1 | (8) the fee for copies of a license, the actual cost of | ||||||
2 | producing the copies; | ||||||
3 | (9) the fee for a roster of supervising electricians, | ||||||
4 | the actual cost of producing the roster; | ||||||
5 | (10) the fee for application for a license by an | ||||||
6 | electrician registered or licensed under the laws of | ||||||
7 | another state, $100. | ||||||
8 | Section 50. Unlicensed practice; civil penalty. | ||||||
9 | (a) Any person who practices, offers to practice, attempts | ||||||
10 | to practice, or holds oneself out to practice as an electrical | ||||||
11 | contractor or supervising electrician without being licensed | ||||||
12 | under this Act shall, in addition to any other penalty | ||||||
13 | provided by law, pay a civil penalty to the Department in an | ||||||
14 | amount not to exceed $25,000 for each offense as determined by | ||||||
15 | the Department. The civil penalty shall be assessed by | ||||||
16 | Director after a hearing is held in accordance with the | ||||||
17 | provisions set forth in this Act regarding the provision of a | ||||||
18 | hearing for the discipline of a license. | ||||||
19 | (b) The Department has the authority and power to | ||||||
20 | investigate any and all unlicensed activity. | ||||||
21 | (c) The civil penalty shall be paid within 60 days after | ||||||
22 | the effective date of the order imposing the civil penalty. | ||||||
23 | The order shall constitute a judgment and may be filed and | ||||||
24 | execution had thereon in the same manner from any court of | ||||||
25 | record. |
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1 | (d) The commission of a single act prohibited by this Act | ||||||
2 | or prohibited by the rules promulgated under this Act or a | ||||||
3 | violation of a disciplinary order issued under this Act | ||||||
4 | constitutes a violation of this Act. | ||||||
5 | Section 55. Denial, suspension, and revocation of | ||||||
6 | licenses. The Department may by order refuse to issue or renew | ||||||
7 | a license, may place on probation, suspend, or revoke any | ||||||
8 | license, or may censure, reprimand, or otherwise discipline or | ||||||
9 | impose a civil penalty not to exceed $25,000 upon any licensee | ||||||
10 | hereunder for one or any combination of the following: | ||||||
11 | (a) when the applicant or licensee has, by false or | ||||||
12 | fraudulent representation, obtained or sought to obtain a | ||||||
13 | license; | ||||||
14 | (b) when the applicant or licensee has been convicted of | ||||||
15 | any crime, an essential element of which is dishonesty or | ||||||
16 | fraud or larceny, embezzlement, or obtaining money, property, | ||||||
17 | or credit by false pretenses or by means of a confidence game, | ||||||
18 | has been convicted in this or another state of a crime that is | ||||||
19 | a felony under the laws of this State or has been convicted of | ||||||
20 | a felony in a federal court. | ||||||
21 | The Department may adopt rules further specifying and | ||||||
22 | defining actions and omissions that constitute fraudulent, | ||||||
23 | deceptive, or dishonest practices, and establishing standards | ||||||
24 | of conduct for licensees. |
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1 | Section 60. Grounds for suspension of license. The | ||||||
2 | Department may temporarily suspend a license and call for a | ||||||
3 | hearing when findings show one or more of the following: | ||||||
4 | (a) That the licensee obtained or conspired with others to | ||||||
5 | obtain a license by inducing the issuance of the license in | ||||||
6 | consideration of the payment of money or delivery of any other | ||||||
7 | thing of value or by and through misrepresentation of facts. | ||||||
8 | (b) That the licensee knowingly and willfully violated any | ||||||
9 | law of this State or any rules, regulation, or code regulating | ||||||
10 | electrical wiring installations, or licensed electricians. | ||||||
11 | (c) That the licensee has been found guilty in a court of | ||||||
12 | law of negligence or incompetence in the performance of | ||||||
13 | installation of electrical wiring and the Department after a | ||||||
14 | hearing determines that the licensee poses a danger to the | ||||||
15 | public safety. | ||||||
16 | (d) That the licensee has loaned or in any manner | ||||||
17 | transferred his or her license to another person. If a license | ||||||
18 | is suspended or revoked, the license shall be surrendered to | ||||||
19 | the Department but it shall be returned to the licensee upon | ||||||
20 | the termination of the suspension period. | ||||||
21 | Section 65. Continuation of business by estates. Upon the | ||||||
22 | death of a supervising electrician who is an electrical | ||||||
23 | contractor, the Department may permit the decedent's | ||||||
24 | representative to carry on the business of the decedent for a | ||||||
25 | period not in excess of 6 months, for the purpose of completing |
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1 | work under contract or otherwise to comply with this Act. The | ||||||
2 | decedent's representative may petition the Board for an | ||||||
3 | extension of the 6 month period in the event he or she can | ||||||
4 | demonstrate undue hardship or other special circumstances. The | ||||||
5 | extension may be granted at the recommendation of the Board, | ||||||
6 | subject to Department approval. The representative shall give | ||||||
7 | any bond as the Department may require conditioned upon the | ||||||
8 | faithful and lawful performance of the work. The bond shall be | ||||||
9 | for the benefit of persons injured or suffering financial loss | ||||||
10 | by reason of failure of performance. The bond shall be written | ||||||
11 | by a corporate surety licensed to do business in the State of | ||||||
12 | Illinois. The decedent's representative shall also comply with | ||||||
13 | all public liability and property damage insurance | ||||||
14 | requirements imposed by this Act upon a licensed electrical | ||||||
15 | contractor. | ||||||
16 | Section 70. Exemptions from licensing. | ||||||
17 | (a) Employees of, or independent contractors performing | ||||||
18 | work for, any electric utility or electric utility affiliate, | ||||||
19 | or communications or railway utility or any electric system | ||||||
20 | owned and operated by a governmental unit (notwithstanding any | ||||||
21 | other provision of this Act), electric cooperative as defined | ||||||
22 | in Section 3.4 of the Electric Supplier Act, telephone or | ||||||
23 | telecommunications cooperative as defined in Section 13-212 of | ||||||
24 | the Public Utilities Act, or a telephone company shall not be | ||||||
25 | required to hold a license under any of the following |
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1 | conditions: | ||||||
2 | (1) While performing work on installations, materials, | ||||||
3 | or equipment that are owned or leased, operated, and | ||||||
4 | maintained by the electric utility or electric utility | ||||||
5 | affiliate, communications or railway utility, electric | ||||||
6 | system owned and operated by a municipal corporation or | ||||||
7 | unit of local government, electric, telephone, or | ||||||
8 | telecommunications cooperative, or telephone company in | ||||||
9 | the exercise of its utility or telephone function, and | ||||||
10 | that (i) are used exclusively for the generation, | ||||||
11 | transformation, distribution, transmission, or metering of | ||||||
12 | electric current, or the operation of railway signals, or | ||||||
13 | the transmission of intelligence and do not have as a | ||||||
14 | principal function the consumption or use of electric | ||||||
15 | current by or for the benefit of any person other than the | ||||||
16 | electric utility or electric utility affiliate, | ||||||
17 | communications or railway utility, electric system owned | ||||||
18 | and operated by a municipal corporation or unit of local | ||||||
19 | government, electric, telephone, or telecommunications | ||||||
20 | cooperative, or telephone company and (ii) are generally | ||||||
21 | accessible only to employees of the electric utility or | ||||||
22 | electric utility affiliate, communications or railway | ||||||
23 | utility, electric system owned and operated by a municipal | ||||||
24 | corporation or unit of local government, electric, | ||||||
25 | telephone, or telecommunications cooperative, or telephone | ||||||
26 | company or persons acting under its control or direction. |
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1 | (2) While performing work on installations, materials, | ||||||
2 | or equipment that are a part of the street lighting | ||||||
3 | operations of the utility. | ||||||
4 | (3) While installing or performing work on outdoor | ||||||
5 | area lights that are directly connected to a utility's | ||||||
6 | distribution system and located upon the utility's | ||||||
7 | distribution poles, and are generally accessible only to | ||||||
8 | employees of the utility or persons acting under its | ||||||
9 | control or direction. | ||||||
10 | (b) Any city, village, or incorporated town having a | ||||||
11 | population of 500,000 or more may, by an ordinance containing | ||||||
12 | provisions substantially the same as those in this Act and | ||||||
13 | specifying educational or experience requirements equivalent | ||||||
14 | to those prescribed in the Act, provide for a board of | ||||||
15 | electrical examiners to conduct examinations for, and to | ||||||
16 | issue, suspend, or revoke, electricians' licenses within the | ||||||
17 | city, village, or incorporated town. Upon the enactment of | ||||||
18 | such an ordinance, the provisions of this Act shall not apply | ||||||
19 | within that municipality except as otherwise provided in this | ||||||
20 | Act. Any person licensed as an electrical contractor by the | ||||||
21 | Department under this Act, may engage in electrical wiring | ||||||
22 | installation anywhere in this State. | ||||||
23 | (c) Nothing in this Act shall be construed to prevent the | ||||||
24 | practice of architecture as defined in the Illinois | ||||||
25 | Architecture Practice Act of 1989 or the practice of | ||||||
26 | professional engineering as defined in the Professional |
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1 | Engineering Practice Act of 1989 or the practice of structural | ||||||
2 | engineering as defined in the Structural Engineering Licensing | ||||||
3 | Act of 1989. | ||||||
4 | (d) Nothing in this Act shall be construed to prevent an | ||||||
5 | owner or operator of a farm or his or her employees from | ||||||
6 | installing, making additions to, altering, maintaining, or | ||||||
7 | repairing wiring, apparatus, or equipment for electric light, | ||||||
8 | heat, or power on the farm that he or she owns or operates. For | ||||||
9 | purposes of this subsection, "farm" means land or a building | ||||||
10 | appurtenant to land that is used for an agricultural purpose | ||||||
11 | or for a purpose accessory to an agriculture purpose. | ||||||
12 | (e) Nothing in this Act shall be construed to restrict the | ||||||
13 | activities of an employee of a manufacturing corporation to | ||||||
14 | engage in activities incidental to operation or maintenance of | ||||||
15 | its existing business and facilities; however, provisions of | ||||||
16 | this Act do apply to new construction that results in the | ||||||
17 | expansion of the existing business or facilities of a | ||||||
18 | manufacturing corporation. | ||||||
19 | Section 75. Display of license. Persons who advertise | ||||||
20 | electrical wiring services shall, at their place of business, | ||||||
21 | display the electrical contractor license and shall identify | ||||||
22 | the licensed supervising electrician(s) currently employed by | ||||||
23 | them. When advertising electrical wiring services, the | ||||||
24 | electrical contractor license number shall be included in all | ||||||
25 | forms of written or printed advertising and included on all |
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1 | contractor vehicles. | ||||||
2 | Section 80. Safety standards. All electrical wiring, | ||||||
3 | apparatus, and equipment for electric light, heat, and power | ||||||
4 | shall comply with the rules of the Department, as applicable, | ||||||
5 | and be installed in conformity with accepted standards of | ||||||
6 | construction for safety to life and property. | ||||||
7 | For the purposes of this Act, the regulations and safety | ||||||
8 | standards stated at the time the work is done in the then most | ||||||
9 | recently published edition of the National Electrical Code as | ||||||
10 | adopted by the National Fire Protection Association, Inc. and | ||||||
11 | approved by the American National Standards Institute, and the | ||||||
12 | National Electrical Safety Code as published by the Institute | ||||||
13 | of Electrical and Electronics Engineers, Inc. and approved by | ||||||
14 | the American National Standards Institute, shall be prima | ||||||
15 | facie evidence of accepted standards of construction for | ||||||
16 | safety to life and property. Nothing in this Act shall | ||||||
17 | prohibit any political subdivision from making and enforcing | ||||||
18 | more stringent requirements than set forth in this Act and | ||||||
19 | those requirements shall be complied with by all licensed | ||||||
20 | electricians working within the jurisdiction of that political | ||||||
21 | subdivision; except that nothing in this Act shall be | ||||||
22 | construed to give a political subdivision the authority to | ||||||
23 | apply those standards or requirements to electrical work | ||||||
24 | performed on a farm. |
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1 | Section 85. Local Inspections. Any political subdivision | ||||||
2 | may make provision for inspection of electrical installations | ||||||
3 | within its jurisdiction, in which case it shall keep on file | ||||||
4 | with the Department copies of its current inspection | ||||||
5 | ordinances and codes. Any political subdivision may require | ||||||
6 | any individual, partnership, corporation, or other business | ||||||
7 | association holding a license from the Department to pay any | ||||||
8 | license, registration fee, or permit fees provided however, | ||||||
9 | that any political subdivision may provide by ordinance a | ||||||
10 | requirement that each individual, partnership, corporation, or | ||||||
11 | other business association doing electrical work within the | ||||||
12 | jurisdiction of the political subdivision have on file with | ||||||
13 | the political subdivision a copy of the current license issued | ||||||
14 | by the Department or other evidence of the license as may be | ||||||
15 | provided by the Department. | ||||||
16 | Section 90. Order of suspension. An order of suspension, | ||||||
17 | revocation, or reinstatement of a license, or of dismissal of | ||||||
18 | a complaint or petition, or a certified copy of an order, over | ||||||
19 | the seal of the Department and purporting to be signed by the | ||||||
20 | Director, shall be prima facie proof that: | ||||||
21 | (1) the signature is the genuine signature of the | ||||||
22 | Director; and | ||||||
23 | (2) the Director is duly appointed and qualified. | ||||||
24 | Section 95. Manufacturing of electrical apparatus; |
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1 | exemption. Electrical components, apparatus, or appliances | ||||||
2 | being manufactured within the limits of property that is owned | ||||||
3 | or leased by a manufacturer and the manufacturer's production | ||||||
4 | employees shall not be covered by this Act. Installation or | ||||||
5 | repair of electrical appliance units, except (i) electrical | ||||||
6 | wiring to the unit, or (ii) original wiring in or on the unit | ||||||
7 | installed outside the limits of property that is owned or | ||||||
8 | leased by a manufacturer shall not be covered by this Act. | ||||||
9 | Section 100. Violations. | ||||||
10 | (a) Any person violating Section 25 of this Act shall be | ||||||
11 | guilty of a business offense and fined a minimum of $100 for | ||||||
12 | the first offense. A second or subsequent violation of Section | ||||||
13 | 25 of this Act shall be a Class A misdemeanor with a minimum | ||||||
14 | fine of $200. The State's Attorney of the County in which the | ||||||
15 | violation occurred or the Attorney General shall prosecute | ||||||
16 | these actions in the name of the People of the State of | ||||||
17 | Illinois. | ||||||
18 | (b) If it is established that the defendant, contrary to | ||||||
19 | this Act, has been engaging, is engaging, or is about to engage | ||||||
20 | in electrical work without having been issued a license, or | ||||||
21 | has been engaging or is about to engage in electrical work | ||||||
22 | after his or her license has been suspended or revoked or after | ||||||
23 | his or her license has not been renewed, the Court may enter a | ||||||
24 | decree enjoining the defendant from further engaging in | ||||||
25 | electrical work contrary to this Act. In case of a violation of |
| |||||||
| |||||||
1 | any injunction issued under this Section, the Court may | ||||||
2 | summarily try and punish the offender for contempt of court. | ||||||
3 | Injunction proceedings shall be in addition to, and not in | ||||||
4 | lieu of, all penalties and other remedies in this Act. | ||||||
5 | Section 105. Electricians practicing before this Act. | ||||||
6 | Electrical contractors who are in the business on January 1, | ||||||
7 | 2027 and who file a license application with the Department | ||||||
8 | within 180 days after the effective date of this Act shall be | ||||||
9 | granted a license that shall be valid for one year from the | ||||||
10 | date of issuance. These licenses shall be subject to annual | ||||||
11 | renewal as provided in this Act. | ||||||
12 | Persons who have 2 years experience as provided in Section | ||||||
13 | 25 of this Act in performing electrical work on or after July | ||||||
14 | 1, 2027 or who have successfully completed an examination for | ||||||
15 | a similar license provided by a governmental unit, and who | ||||||
16 | file a license application with the Department within 180 days | ||||||
17 | after July 1, 2027 shall be granted a supervising | ||||||
18 | electrician's license that shall be valid for one year from | ||||||
19 | the date of issuance. These licenses shall be subject to | ||||||
20 | annual renewal as provided in this Act. | ||||||
21 | Section 120. Administrative Procedure Act; application. | ||||||
22 | The provisions of the Illinois Administrative Procedure Act | ||||||
23 | are expressly adopted and shall apply to all administrative | ||||||
24 | rules and procedures of the Department under this Act, except |
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| |||||||
1 | that Section 5 of the Illinois Administrative Procedure Act | ||||||
2 | relating to procedures for rulemaking does not apply to the | ||||||
3 | adoption of any rule required by federal law in connection | ||||||
4 | with which the Department is precluded by law from exercising | ||||||
5 | any discretion. | ||||||
6 | Section 125. Review under Administrative Review Law. All | ||||||
7 | final administrative decisions of the Director under this Act | ||||||
8 | shall be subject to judicial review under the Administrative | ||||||
9 | Review Law and its rules. | ||||||
10 | Section 130. Home rule. A home rule unit may not regulate | ||||||
11 | the licensing of electricians and electrical contractors in a | ||||||
12 | manner inconsistent with the regulation by the State of | ||||||
13 | electricians and electrical contractors. This Section is a | ||||||
14 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
15 | the Illinois Constitution on the concurrent exercise by home | ||||||
16 | rule units of powers and functions exercised by the State. | ||||||
17 | Section 135. Electrical Safety Standards Fund. The | ||||||
18 | Electrical Safety Standards Fund is created as a special fund | ||||||
19 | in the State treasury. All fees and fines collected under this | ||||||
20 | Act shall be deposited into the Fund. All money in the | ||||||
21 | Electrical Safety Standards Fund may be used, subject to | ||||||
22 | appropriation, by the Department for the administration of | ||||||
23 | this Act. |
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| |||||||
1 | Section 140. Time limit on action. No action may be taken | ||||||
2 | by the Department against any person for violation of the | ||||||
3 | terms of this Act or its rules unless the action is commenced | ||||||
4 | within 5 years after the occurrence of the alleged violation. | ||||||
5 | Section 145. Building Trades Licensing Task Force. | ||||||
6 | (a) The Building Trades Licensing Task Force is created | ||||||
7 | within the Department of Financial and Professional | ||||||
8 | Regulation. The purpose of the Task Force is to review and | ||||||
9 | study the necessity and feasibility of establishing licensing | ||||||
10 | programs for workers involved in the construction industry who | ||||||
11 | are not currently required to be licensed in this State. | ||||||
12 | (b) As used in this Section, "construction industry" means | ||||||
13 | any constructing, altering, reconstructing, repairing, | ||||||
14 | rehabilitating, refinishing, refurbishing, remodeling, | ||||||
15 | remediating, renovating, custom fabricating, maintenance, | ||||||
16 | landscaping, improving, wrecking, painting, decorating, | ||||||
17 | demolishing, and adding to or subtracting from any building, | ||||||
18 | structure, highway, roadway, street, bridge, alley, sewer, | ||||||
19 | ditch, sewage disposal plant, water works, parking facility, | ||||||
20 | railroad, excavation or other structure, project, development, | ||||||
21 | real property or improvement, or the performance of any part | ||||||
22 | of that work, whether or not the performance of the work | ||||||
23 | involves the addition to or the fabrication into any | ||||||
24 | structure, project, development, real property or improvement |
| |||||||
| |||||||
1 | described in this Section of any material or article of | ||||||
2 | merchandise. | ||||||
3 | (c) The Task Force shall consist of the following members: | ||||||
4 | (1) one member of the Senate appointed by the | ||||||
5 | President of the Senate; | ||||||
6 | (2) one member of the Senate appointed by the Minority | ||||||
7 | Leader of the Senate; | ||||||
8 | (3) one member of the House appointed by the Speaker | ||||||
9 | of the House; | ||||||
10 | (4) one member of the House appointed by the Minority | ||||||
11 | Leader of the House; | ||||||
12 | (5) one member appointed by the Governor; | ||||||
13 | (6) one member representing the Department of | ||||||
14 | Financial and Professional Regulation appointed by the | ||||||
15 | Secretary of Financial and Professional Regulation; | ||||||
16 | (7) three members representing management in the | ||||||
17 | construction industry appointed by the Governor; | ||||||
18 | (8) three members representing unions that have | ||||||
19 | members who perform work in the construction industry | ||||||
20 | appointed by the Governor; | ||||||
21 | (9) one member representing the interests of State | ||||||
22 | municipalities appointed by the Governor; | ||||||
23 | (10) one member representing the interests of State | ||||||
24 | counties appointed by the Governor; and | ||||||
25 | (11) one member appointed by the Governor, who shall | ||||||
26 | be designated the chairperson of the Task Force by the |
| |||||||
| |||||||
1 | Governor. | ||||||
2 | (d) All appointments to the Task Force shall be made | ||||||
3 | within 60 days after the effective date of this Act. | ||||||
4 | (e) Vacancies in the Task Force shall be filled by the | ||||||
5 | initial appointing authority within 30 days after the vacancy | ||||||
6 | occurs. | ||||||
7 | (f) The members of the Task Force shall serve without | ||||||
8 | compensation. | ||||||
9 | (g) The Task Force shall receive the assistance of | ||||||
10 | legislative staff. The Task Force may employ skilled experts | ||||||
11 | with the approval of the chairperson, and shall receive the | ||||||
12 | cooperation of those State agencies it deems appropriate to | ||||||
13 | assist the Task Force in carrying out its duties. | ||||||
14 | (h) The members of the Task Force shall have voting | ||||||
15 | rights. A quorum of the Task Force shall consist of a simple | ||||||
16 | majority of the members of the Task Force. All actions and | ||||||
17 | recommendations of the Task Force must be approved by a simple | ||||||
18 | majority vote of the members. | ||||||
19 | (i) The Task Force shall meet initially at the call of the | ||||||
20 | Governor no later than 90 days after the effective date of this | ||||||
21 | Act, and shall thereafter meet at the call of the chairperson. | ||||||
22 | (j) The Office of the Governor shall provide | ||||||
23 | administrative and other support to the Task Force. | ||||||
24 | (k) The Task Force shall: | ||||||
25 | (1) discuss whether State residents would benefit from | ||||||
26 | legislation requiring workers in trades associated with |
| |||||||
| |||||||
1 | the construction industry to obtain a statewide license | ||||||
2 | from the Department of Financial and Professional | ||||||
3 | Regulation; | ||||||
4 | (2) if it is determined that licensure for a | ||||||
5 | particular trade associated with the construction industry | ||||||
6 | is beneficial, determine: | ||||||
7 | (A) the requirements applicants must meet to | ||||||
8 | qualify for a license; | ||||||
9 | (B) the grounds for denial or revocation of a | ||||||
10 | license; and | ||||||
11 | (C) any other considerations relevant to a | ||||||
12 | licensing requirement; and | ||||||
13 | (3) make recommendations to the General Assembly. | ||||||
14 | (l) No later than January 1, 2028, the Task Force shall | ||||||
15 | summarize its findings and recommendations in a report to the | ||||||
16 | General Assembly. Upon filing its report, the Task Force is | ||||||
17 | dissolved. | ||||||
18 | (m) This Section is repealed on January 1, 2029. | ||||||
19 | Section 150. The State Finance Act is amended by adding | ||||||
20 | Section 5.1030 as follows: | ||||||
21 | (30 ILCS 105/5.1030 new) | ||||||
22 | Sec. 5.1030. The Electrical Safety Standards Fund. | ||||||
23 | Section 999. Effective date. This Act takes effect | ||||||
24 | January 1, 2027. |