093_HB1162 LRB093 09541 AMC 09778 b 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 7 wiring can adversely affect the well being of the public by 8 causing fires due to short circuits and overloading of 9 protection devices. Faulty wiring is potentially lethal and 10 can cause widespread fires with disastrous consequences 11 to persons and property. To protect the health of the public, 12 it is essential that electrical wiring be installed by 13 contractors who are registered with the state and passed all 14 applicable state standards. 15 Consistent with its duty to safeguard the health of the 16 people of this State, the General Assembly declares that the 17 planning, inspecting, installing, altering, extending, 18 repairing, and maintaining of electrical wiring systems shall 19 be performed by entities demonstrating levels of proven 20 skill. Further, the General Assembly declares that a guide 21 for minimum control of electrical materials and equipment, 22 the design of electrical systems, and the construction and 23 installation methods of electrical systems is essential for 24 the protection of public health. In order to insure proper 25 electrical wiring practice, this Act provides for the 26 licensing of electrical contractors and supervising 27 electricians and for the adoption of the National Electrical 28 Code (NFPA70) as standards by the Department. This Act is 29 therefore declared to be essential to the public interest. 30 Section 10. Definitions. As used in this Act: -2- LRB093 09541 AMC 09778 b 1 "Board" means the Illinois State Electrical Licensing 2 Advisory Board. 3 "Department" means the Illinois Department of 4 Professional Regulation. 5 "Director" means the Director of the Illinois Department 6 of Professional Regulation. 7 "Electrical contractor" means a person, firm, or 8 corporation operating a business that undertakes or offers to 9 undertake to plan for, lay out, supervise, or install or to 10 make additions, alterations, maintenance, or repairs in the 11 installation of wiring, apparatus, or equipment for electric 12 light, heat, or power with or without compensation and who is 13 licensed as an electrical contractor by the Department of 14 Professional Regulation. An electrical contractor's license 15 does not of itself qualify its holder to perform the 16 electrical work. The term electrical contractor does not 17 include employees employed by such contractor to do or 18 supervise such work. 19 "Governmental unit" means a city, village, incorporated 20 town, or county. 21 "Owner" means a natural person who physically performs 22 electrical work on premises the person owns and actually 23 occupies as a single family residence or owns as a single 24 family residence upon completion of construction. 25 "Supervising Electrician" means an individual not less 26 than twenty-one years of age with at least three years of 27 experience in the installation, alteration, repair, and 28 maintenance of electrical wires, equipment, and apparatus, or 29 an experience equivalent thereto and having passed an exam 30 provided by the Department that sufficiently indicates the 31 individual has knowledge and technical training to perform 32 the work or to supervise the installation, alteration, repair 33 and maintenance of electrical wires, equipment, and 34 apparatus. -3- LRB093 09541 AMC 09778 b 1 Section 15. Electrical Licensing Advisory Board. 2 (a) There is created the Electrical Licensing Advisory 3 Board that shall exercise its duties provided in this Act 4 under the supervision of the Department. The Board shall 5 consist of an executive director, who serves as an ex 6 officio member, and 11 members appointed by the governor 7 subject to the advice and consent of the Senate. The Board 8 shall be composed of the following members: 9 (1) one member must be the chief electrical 10 inspector of a municipality with a population of not less 11 than 150,000, according to the most recent federal 12 census, selected from a list of names submitted by a 13 statewide association of municipal governments; 14 (2) one member must be a building code official of a 15 municipality with a population of less than 150,000, 16 according to the most recent federal census, selected 17 from a list of names submitted by a statewide association 18 of municipal governments; 19 (3) one member must be a supervising electrician 20 selected from a list of names submitted by the 21 Homebuilders Association of Illinois; 22 (4) one member must be an electrical contractor 23 selected from a list of names submitted by the Associated 24 Builders & Contractors, Northern Illinois Chapter; 25 (5) one member must be a supervising electrician 26 selected from a list of names submitted by the Illinois 27 State Association of Electrical Workers of the 28 International Brotherhood of Electrical Workers; 29 (6) one member must be an electrical contractor 30 selected from a list of names submitted by the National 31 Electrical Contractors Association, Northeastern Illinois 32 Chapter; 33 (7) one member must be a training director selected 34 from a list of names submitted by the Illinois State -4- LRB093 09541 AMC 09778 b 1 Association of Electrical Workers of the International 2 Brotherhood of Electrical Workers; 3 (8) one member must be a training director selected 4 from an Illinois building and contractors association; 5 (9) one member must be a licensed electrical 6 engineer; 7 (10) the State Fire Marshal; and 8 (11) the Director of the Department of Professional 9 Regulation. 10 Members of the Board shall serve 4 year terms and until 11 their successors are appointed and qualified. The initial 12 appointments, however, shall be as follows: 3 members for 13 terms of 2 years, 3 members for 3 years, and 2 members for 4 14 years. The State Fire Marshal's service on the Board shall be 15 continuous. Board members shall receive no compensation but 16 shall be reimbursed for expenses incurred in connection with 17 their duties as Board members. 18 (b) The Director shall serve as the presiding officer of 19 the Board. 20 (c) A majority constitutes a quorum for the transaction 21 of business and Roberts Rules of Order shall be the rules by 22 which the Board's actions shall be conducted. 23 (d) The Board shall aid the Director and the Department 24 by: 25 (1) suggesting rules to govern examinations and 26 hearing for suspension, revocation, or reinstatement of 27 licenses; 28 (2) submitting recommendations to the Director from 29 time to time for the efficient administration of this 30 Act; and 31 (3) performing other duties from time to time 32 as prescribed by the Director. 33 Section 20. Powers and duties of the Director. The -5- LRB093 09541 AMC 09778 b 1 Director shall: 2 (a) prepare forms for application for electrical 3 contractor and supervising electrician licenses and for 4 examination for supervising electrician licenses; 5 (b) prepare and issue licenses as provided in this Act; 6 (c) with the aid of the Board, prescribe rules for the 7 examination of applicants for supervising electrician 8 licenses; 9 (d) with the aid of the Board, prepare and give uniform 10 and comprehensive examinations to applicants for supervisory 11 electrician licenses that shall test their knowledge and 12 qualifications in the planning and design of electrical 13 systems, their knowledge, qualifications, and manual skills 14 in electrical installations, and their knowledge of the 15 National Electrical Code relating to materials, design, and 16 installation of methods of electrical systems; 17 (e) issue electrical contractor and supervising 18 electrician licenses and license renewals to every applicant 19 who has passed the examination and who has paid the required 20 license and renewal fee; 21 (f) prescribe rules for hearings to deny, suspend, 22 revoke, or reinstate licenses as provided in this Act; 23 (g) establish and collect fees for the examination, 24 issuance, and renewal of licenses; and 25 (h) formulate and publish rules necessary or appropriate 26 to carrying out the provisions of this Act. 27 Section 25. Licenses. 28 (a) Electrical Contractor. Except as otherwise provided 29 by law, no person shall plan, install, repair, maintain, lay 30 out, or supervise the installation of wiring, apparatus, or 31 equipment for electrical light, heat, power, or other 32 purposes unless the person: 33 (1) is licensed by the Department as an electrical -6- LRB093 09541 AMC 09778 b 1 contractor; 2 (2) provides the Department a bond to the State in 3 the penal sum of $5,000 conditioned upon the faithful and 4 lawful performance of all work entered into by the 5 electrical contractor within the State of Illinois. The 6 bond shall be for the benefit of persons injured or 7 suffering financial loss by reason of failure of 8 performance. The bond shall be filed with the Department 9 and shall be in lieu of all other license bonds to any 10 political subdivision. The bond shall be written by a 11 corporate surety licensed to do business in the State of 12 Illinois; 13 (3) files with the Department a certificate 14 evidencing in effect general liability insurance, that 15 includes premises and operations insurance and products 16 and completed operations insurance, with limits of at 17 least $100,000 per occurrence, $300,000 aggregate limit 18 for bodily injury, and property damage insurance with 19 limits of at least $25,000 or a policy with a single 20 limit for bodily injury and property damage of $300,000 21 per occurrence and $300,000 aggregate limits. The 22 insurance shall be written by an insurer licensed to do 23 business in the State of Illinois and shall provide that 24 the insurance shall not be cancelled without the insurer 25 first giving 15 days written notice to the Department of 26 the cancellation; and 27 (4) has appointed or employed a licensed 28 supervising electrician responsible for the performance 29 of all electrical work in accordance with the 30 requirements of this Act. The application for an 31 electrical contractor's license must include a verified 32 statement that the designated responsible supervising 33 electrician is an individual who is not employed in any 34 capacity as a licensed supervising electrician by any -7- LRB093 09541 AMC 09778 b 1 other electrical contractor. 2 (b) Supervising Electrician. Except as otherwise 3 provided by law, no person shall wire for, plan, install, 4 maintain, lay out, or supervise the installation of wiring, 5 apparatus, or equipment for electric light, heat, or power, 6 unless the person is licensed by the Department as a 7 supervising electrician employed or appointed by a licensed 8 electrical contractor. 9 An applicant for a supervising electrician's license 10 shall have had at least 2 years of experience, acceptable to 11 the Department, in wiring for, installing, and repairing 12 electrical wiring, apparatus, or equipment. The Department, 13 however, may by rule provide for the allowance of one year of 14 experience credit for successful completion of a 2 year post 15 high school electrical course approved by the Department. 16 Section 30. Examination. In addition to other 17 requirements imposed by this Act and except as otherwise 18 provided in this Act, as a precondition to issuance of a 19 supervising electrician's license, each applicant must pass a 20 written examination given by the Department. The exam shall 21 test their knowledge and qualifications in the planning and 22 design of electrical systems, their knowledge, 23 qualifications, and manual skills in electrical 24 installations, and their knowledge of the National Electrical 25 Code relating to materials, design, and installation of 26 methods of electrical systems. Any licensee failing to renew 27 his or her license for 2 years or more after its expiration 28 shall be required to retake the examination before he or she 29 is issued a new license. 30 Section 35. Experience requirements. 31 (a) Except as otherwise provided for a supervising 32 electrician's license under Section 25, an applicant for a -8- LRB093 09541 AMC 09778 b 1 supervising electrician's license shall meet the experience 2 requirements of this Section before examination for 3 licensure. 4 (b) The maximum allowable credit for electrical 5 experience: 6 (1) before age 18 is 6 months; 7 (2) in the military service is 12 months; 8 (3) in foreign countries is 12 months; and 9 (4) acquired during the school term of an approved 10 post high school electrical course is 12 months. 11 (c) Experience in the categories of planning for the 12 installation of wiring, apparatus, and equipment for light, 13 heat, and power; laying out for the installation of wiring, 14 apparatus, and equipment for light, heat, and power; 15 supervising the installation of wiring, apparatus, and 16 equipment for light, heat, and power; and wiring and 17 installation of electrical wiring, apparatus, and equipment 18 for light, heat, and power is acceptable to the Board in the 19 following situations: 20 (1) experience while in the employ of an electrical 21 contractor licensed under this Act; 22 (2) experience while working in Illinois for an 23 employer who is not required to be licensed as an 24 electrical contractor, if the work is inspected and done 25 under the supervision of a properly licensed electrician; 26 (3) experience while performing electrical work in 27 Illinois for an employer who is exempt from licensing 28 when the work is exempt from inspection or when the work 29 is performed on federal property by a federal employee, 30 if the Department has determined in either situation that 31 the experience is substantially equal to that acquired in 32 performing work while in the employ of a licensed 33 electrical contractor; 34 (4) experience while performing electrical work -9- LRB093 09541 AMC 09778 b 1 outside of Illinois, which the Department has determined 2 is substantially equivalent to the work performed while 3 in the employ of a licensed electrical contractor in 4 Illinois. This determination must be based on a 5 certification by the employer for the type of work 6 performed. 7 Section 40. Military exemption. The Department shall 8 reinstate a supervising electrician license that expires 9 while a licensee is in active Military Service of the United 10 States upon application to the Department by the licensee 11 within 2 years after termination of the military service, 12 payment of the annual license fee, and submission of evidence 13 of the military service. The license shall be reinstated 14 without examination and without payment of the lapsed renewal 15 fee. 16 Section 45. License and renewal fees. 17 (a) All licenses issued under this Act shall expire 18 annually in a manner as provided by the Department. 19 (b) The Department shall provide for fees by rule; 20 however, the fees shall not exceed the following amounts: 21 (1) the application fee for a license or temporary 22 license, $100; 23 (2) the fee for renewal of a license, $25; 24 (3) the fee for reinstatement of a license that has 25 been expired for less than 2 years, $50 plus payment of 26 all unpaid renewal fees; 27 (4) the fee for restoration of a license that has 28 been expired for more than 2 years, $100; 29 (5) the fee for issuance of a duplicate license, 30 the issuance of a replacement that has been lost or 31 destroyed, or the issuance of a license with a change of 32 name and address, other than during the renewal period, -10- LRB093 09541 AMC 09778 b 1 $25; 2 (6) the fee for certification of a licensee's 3 record for any purpose, $25; 4 (7) the fee for rescoring of an examination, the 5 cost to the Department of rescoring the examination plus 6 any fees charged by the applicable testing service to 7 have the examination rescored; 8 (8) the fee for copies of a license, the actual 9 cost of producing the copies; 10 (9) the fee for a roster of supervising 11 electricians, the actual cost of producing the roster; 12 (10) the fee for application for a license by an 13 electrician registered or licensed under the laws of 14 another state, $100. 15 Section 50. Unlicensed practice; civil penalty. 16 (a) Any person who practices, offers to practice, 17 attempts to practice, or holds oneself out to practice as an 18 electrical contractor or supervising electrician without 19 being licensed under this Act shall, in addition to any other 20 penalty provided by law, pay a civil penalty to the 21 Department in an amount not to exceed $25,000 for each 22 offense as determined by the Department. The civil penalty 23 shall be assessed by Director after a hearing is held in 24 accordance with the provisions set forth in this Act 25 regarding the provision of a hearing for the discipline of a 26 license. 27 (b) The Department has the authority and power to 28 investigate any and all unlicensed activity. 29 (c) The civil penalty shall be paid within 60 days after 30 the effective date of the order imposing the civil penalty. 31 The order shall constitute a judgement and may be filed and 32 execution had thereon in the same manner from any court of 33 record. -11- LRB093 09541 AMC 09778 b 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 7 renew a license, may place on probation, suspend, or revoke 8 any license, or may censure, reprimand, or otherwise 9 discipline or impose a civil penalty not to exceed $25,000 10 upon any licensee hereunder for one or any combination of the 11 following: 12 (a) when the applicant or licensee has, by false or 13 fraudulent representation, obtained or sought to obtain a 14 license; 15 (b) when the applicant or licensee has been convicted of 16 any crime, an essential element of which is dishonesty or 17 fraud or larceny, embezzlement, or obtaining money, property, 18 or credit by false pretenses or by means of a confidence 19 game, has been convicted in this or another state of a crime 20 that is a felony under the laws of this State or has been 21 convicted of a felony in a federal court. 22 The Department may adopt rules further specifying and 23 defining actions and omissions that constitute fraudulent, 24 deceptive, or dishonest practices, and establishing standards 25 of conduct for licensees. 26 Section 60. Grounds for suspension of license. The 27 Department may temporarily suspend a license and call for a 28 hearing when findings show one or more of the following: 29 (a) That the licensee obtained or conspired with others 30 to obtain a license by inducing the issuance of the license 31 in consideration of the payment of money or delivery of any 32 other thing of value or by and through misrepresentation of -12- LRB093 09541 AMC 09778 b 1 facts. 2 (b) That the licensee knowingly and willfully violated 3 any law of this State or any rules, regulation, or code 4 regulating electrical wiring installations, or licensed 5 electricians. 6 (c) That the licensee has been found guilty in a court 7 of law of negligence or incompetence in the performance of 8 installation of electrical wiring and the Department after a 9 hearing determines that the licensee poses a danger to the 10 public safety. 11 (d) That the licensee has loaned or in any manner 12 transferred his or her license to another person. If a 13 license is suspended or revoked, the license shall be 14 surrendered to the Department but it shall be returned to the 15 licensee upon the termination of the suspension period. 16 Section 65. Continuation of business by estates. Upon the 17 death of a supervising electrician who is an electrical 18 contractor, the Department may permit the decedent's 19 representative to carry on the business of the decedent for a 20 period not in excess of 6 months, for the purpose of 21 completing work under contract or otherwise to comply with 22 this Act. The decedent's representative may petition the 23 Board for an extension of the 6 month period in the event he 24 or she can demonstrate undue hardship or other special 25 circumstances. The extension may be granted at the 26 recommendation of the Board, subject to Department approval. 27 The representative shall give any bond as the Department may 28 require conditioned upon the faithful and lawful performance 29 of the work. The bond shall be for the benefit of persons 30 injured or suffering financial loss by reason of failure of 31 performance. The bond shall be written by a corporate surety 32 licensed to do business in the State of Illinois. The 33 decedent's representative shall also comply with all public -13- LRB093 09541 AMC 09778 b 1 liability and property damage insurance requirements imposed 2 by this Act upon a licensed electrical contractor. 3 Section 70. Exemptions from licensing. 4 (a) Employees of, or independent contractors performing 5 work for, any electric utility or electric utility affiliate, 6 or communications or railway utility or any electric system 7 owned and operated by a governmental unit (notwithstanding 8 any other provision of this Act), electric cooperative as 9 defined in Section 3.4 of the Electric Supplier Act, 10 telephone or telecommunications cooperative as defined in 11 Section 13-212 of the Public Utilities Act, or a telephone 12 company shall not be required to hold a license under any of 13 the following conditions: 14 (1) While performing work on installations, 15 materials, or equipment that are owned or leased, 16 operated, and maintained by the electric utility or 17 electric utility affiliate, communications or railway 18 utility, electric system owned and operated by a 19 municipal corporation or unit of local government, 20 electric, telephone, or telecommunications cooperative, 21 or telephone company in the exercise of its utility or 22 telephone function, and that (i) are used exclusively for 23 the generation, transformation, distribution, 24 transmission, or metering of electric current, or the 25 operation of railway signals, or the transmission of 26 intelligence and do not have as a principal function the 27 consumption or use of electric current by or for the 28 benefit of any person other than the electric utility or 29 electric utility affiliate, communications or railway 30 utility, electric system owned and operated by a 31 municipal corporation or unit of local government, 32 electric, telephone, or telecommunications cooperative, 33 or telephone company and (ii) are generally accessible -14- LRB093 09541 AMC 09778 b 1 only to employees of the electric utility or electric 2 utility affiliate, communications or railway utility, 3 electric system owned and operated by a municipal 4 corporation or unit of local government, electric, 5 telephone, or telecommunications cooperative, or 6 telephone company or persons acting under its control or 7 direction. 8 (2) While performing work on installations, 9 materials, or equipment that are a part of the street 10 lighting operations of the utility. 11 (3) While installing or performing work on outdoor 12 area lights that are directly connected to a utility's 13 distribution system and located upon the utility's 14 distribution poles, and are generally accessible only to 15 employees of the utility or persons acting under its 16 control or direction. 17 (b) Any city, village, or incorporated town having a 18 population of 500,000 or more may, by an ordinance containing 19 provisions substantially the same as those in this Act and 20 specifying educational or experience requirements equivalent 21 to those prescribed in the Act, provide for a board of 22 electrical examiners to conduct examinations for, and to 23 issue, suspend, or revoke, electricians' licenses within the 24 city, village, or incorporated town. Upon the enactment of 25 such an ordinance, the provisions of this Act shall not apply 26 within that municipality except as otherwise provided in this 27 Act. Any person licensed as an electrical contractor by the 28 Department under this Act, may engage in electrical wiring 29 installation anywhere in this State. 30 (c) Nothing in this Act shall be construed to prevent 31 the practice of architecture as defined in the Illinois 32 Architecture Practice Act of 1989 or the practice of 33 professional engineering as defined in the Professional 34 Engineering Practice Act of 1989 or the practice of -15- LRB093 09541 AMC 09778 b 1 structural engineering as defined in the Structural 2 Engineering Licensing Act of 1989. 3 (d) Nothing in this Act shall be construed to prevent an 4 owner or operator of a farm or his or her employees from 5 installing, making additions to, altering, maintaining, or 6 repairing wiring, apparatus, or equipment for electric light, 7 heat, or power on the farm that he or she owns or operates. 8 For purposes of this subsection, "farm" means land or a 9 building appurtenant to land that is used for an agricultural 10 purpose or for a purpose accessory to an agriculture purpose. 11 (e) Nothing in this Act shall be construed to restrict 12 the activities of an employee of a manufacturing corporation 13 to engage in activities incidental to operation or 14 maintenance of its existing business and facilities; however, 15 provisions of this Act do apply to new construction that 16 results in the expansion of the existing business or 17 facilities of a manufacturing corporation. 18 Section 75. Display of license. Persons who advertise 19 electrical wiring services shall, at their place of business, 20 display the electrical contractor license and shall identify 21 the licensed supervising electrician(s) currently employed by 22 them. When advertising electrical wiring services, the 23 electrical contractor license number shall be included in all 24 forms of written or printed advertising and included on all 25 contractor vehicles. 26 Section 80. Safety standards. All electrical wiring, 27 apparatus, and equipment for electric light, heat, and power 28 shall comply with the rules of the Department, as applicable, 29 and be installed in conformity with accepted standards of 30 construction for safety to life and property. 31 For the purposes of this Act, the regulations and safety 32 standards stated at the time the work is done in the then -16- LRB093 09541 AMC 09778 b 1 most recently published edition of the National Electrical 2 Code as adopted by the National Fire Protection Association, 3 Inc. and approved by the American National Standards 4 Institute, and the National Electrical Safety Code as 5 published by the Institute of Electrical and Electronics 6 Engineers, Inc. and approved by the American National 7 Standards Institute, shall be prima facie evidence of 8 accepted standards of construction for safety to life and 9 property. Nothing in this Act shall prohibit any political 10 subdivision from making and enforcing more stringent 11 requirements than set forth in this Act and those 12 requirements shall be complied with by all licensed 13 electricians working within the jurisdiction of that 14 political subdivision; except that nothing in this Act shall 15 be construed to give a political subdivision the authority to 16 apply those standards or requirements to electrical work 17 performed on a farm. 18 Section 85. Local Inspections. Any political subdivision 19 may make provision for inspection of electrical installations 20 within its jurisdiction, in which case it shall keep on file 21 with the Department copies of its current inspection 22 ordinances and codes. Any political subdivision may require 23 any individual, partnership, corporation, or other business 24 association holding a license from the Department to pay any 25 license, registration fee, or permit fees provided however, 26 that any political subdivision may provide by ordinance a 27 requirement that each individual, partnership, corporation, 28 or other business association doing electrical work within 29 the jurisdiction of the political subdivision have on file 30 with the political subdivision a copy of the current license 31 issued by the Department or other evidence of the license as 32 may be provided by the Department. -17- LRB093 09541 AMC 09778 b 1 Section 90. Order of suspension. An order of suspension, 2 revocation, or reinstatement of a license, or of dismissal of 3 a complaint or petition, or a certified copy of an order, 4 over the seal of the Department and purporting to be signed 5 by the Director, shall be prima facie proof that: 6 (1) the signature is the genuine signature of the 7 Director; and 8 (2) the Director is duly appointed and qualified. 9 Section 95. Manufacturing of electrical apparatus; 10 exemption. Electrical components, apparatus, or appliances 11 being manufactured within the limits of property that is 12 owned or leased by a manufacturer and the manufacturer's 13 production employees shall not be covered by this Act. 14 Installation or repair of electrical appliance units, except 15 (i) electrical wiring to the unit, or (ii) original wiring in 16 or on the unit installed outside the limits of property that 17 is owned or leased by a manufacturer shall not be covered by 18 this Act. 19 Section 100. Violations. 20 (a) Any person violating Section 25 of this Act shall be 21 guilty of a business offense and fined a minimum of $100 for 22 the first offense. A second or subsequent violation of 23 Section 25 of this Act shall be a Class A misdemeanor with a 24 minimum fine of $200. The State's Attorney of the County in 25 which the violation occurred or the Attorney General shall 26 prosecute these actions in the name of the People of the 27 State of Illinois. 28 (b) If it is established that the defendant, contrary to 29 this Act, has been engaging, is engaging, or is about to 30 engage in electrical work without having been issued a 31 license, or has been engaging or is about to engage in 32 electrical work after his or her license has been suspended -18- LRB093 09541 AMC 09778 b 1 or revoked or after his or her license has not been renewed, 2 the Court may enter a decree enjoining the defendant from 3 further engaging in electrical work contrary to this Act. In 4 case of a violation of any injunction issued under this 5 Section, the Court may summarily try and punish the offender 6 for contempt of court. Injunction proceedings shall be in 7 addition to, and not in lieu of, all penalties and other 8 remedies in this Act. 9 Section 105. Electricians practicing before this Act. 10 Electrical contractors who are in the business on January 1, 11 2004, and who file a license application with the Department 12 within 180 days after the effective date of this Act shall be 13 granted a license that shall be valid for one year from the 14 date of issuance. These licenses shall be subject to annual 15 renewal as provided in this Act. 16 Persons who have two years experience as provided in 17 Section 25 of this Act in performing electrical work as 18 defined in this Act on July 1, 2004 or who have successfully 19 completed an examination for a similar license provided by a 20 governmental unit, and who file a license application with 21 the Department within 180 days after July 1, 2004 shall be 22 granted a supervising electrician's license that shall be 23 valid for one year from the date of issuance. These licenses 24 shall be subject to annual renewal as provided in this Act. 25 Section 120. Administrative Procedure Act; application. 26 The provisions of the Illinois Administrative Procedure Act 27 are expressly adopted and shall apply to all administrative 28 rules and procedures of the Department under this Act, except 29 that Section 5 of the Illinois Administrative Procedure Act 30 relating to procedures for rulemaking does not apply to the 31 adoption of any rule required by federal law in connection 32 with which the Department is precluded by law from exercising -19- LRB093 09541 AMC 09778 b 1 any discretion. 2 Section 125. Review under Administrative Review Law. All 3 final administrative decisions of the Director under this Act 4 shall be subject to judicial review under the Administrative 5 Review Law and its rules. 6 Section 130. Home rule. A home rule unit may not 7 regulate the licensing of electricians and electrical 8 contractors in a manner inconsistent with the regulation by 9 the State of electricians and electrical contractors. This 10 Section is a limitation under subsection (i) of Section 6 of 11 Article VII of the Illinois Constitution on the concurrent 12 exercise by home rule units of powers and functions exercised 13 by the State. 14 Section 135. Electrical Safety Standards Fund. The 15 Electrical Safety Standards Fund is created as a special fund 16 in the State treasury. All fees and fines collected under 17 this Act shall be deposited into the Fund. All money in the 18 Electrical Safety Standards Fund may be used, subject to 19 appropriation, by the Department for the administration of 20 this Act. 21 Section 140. Time limit on action. No action may be taken 22 by the Department against any person for violation of the 23 terms of this Act or its rules unless the action is commenced 24 within 5 years after the occurrence of the alleged violation. 25 Section 195. The Regulatory Sunset Act is amended by 26 changing Section 4.24 as follows: 27 (5 ILCS 80/4.24) 28 Sec. 4.24. Acts repealed on January 1, 2014. The -20- LRB093 09541 AMC 09778 b 1 following Acts are repealed on January 1, 2014: 2 The Electrician Licensing Act. 3 The Electrologist Licensing Act. 4 The Illinois Public Accounting Act. 5 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.) 6 Section 197. The State Finance Act is amended by adding 7 Section 5.595 as follows: 8 (30 ILCS 105/5.595 new) 9 Sec. 5.595. The Electrical Safety Standards Fund. 10 Section 999. Effective date. This Act takes effect 11 January 1, 2004.