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.