State of Illinois
90th General Assembly
Legislation

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90_HB0061eng

      735 ILCS 5/2-622          from Ch. 110, par. 2-622
          Amends the Code of Civil Procedure by  restoring  certain
      provisions  concerning  affidavits in healing art malpractice
      actions to the form in which they existed before  Public  Act
      89-7 became law.  Effective immediately.
                                                     LRB9000699SMdv
HB0061 Engrossed                               LRB9000699SMdv
 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.  It has been established
 7    by documented evidence that improper  electrical  wiring  can
 8    adversely  affect  the  well  being  of the public.  Improper
 9    electrical wiring can cause fires due to short  circuits  and
10    overloading   of   protection   devices.   Faulty  wiring  is
11    potentially  lethal  and  can  cause  widespread  fires  with
12    disastrous consequences to persons and property.  To  protect
13    the  health  of  the  public  it is essential that electrical
14    wiring  be  installed  by  persons  who  have  proven   their
15    understanding,  ability,  and  skill in installing electrical
16    wiring.
17        Consistent with its duty to safeguard the health  of  the
18    people  of  this  State,  the  General Assembly declares that
19    individuals  who  plan,  inspect,  install,  alter,   extend,
20    repair,  and  maintain  electrical  wiring  systems  shall be
21    individuals of proven skill.  Further, the  General  Assembly
22    declares  that  a  guide  for  minimum  control of electrical
23    materials and equipment, the design  of  electrical  systems,
24    and  the  construction and installation methods of electrical
25    systems is essential for the protection of public health.  In
26    order to insure proper electrical wiring practice,  this  Act
27    provides  for  the  licensing  of electricians and electrical
28    contractors and for the adoption of the  National  Electrical
29    Code  as  standards  by the Department. This Act is therefore
30    declared to be essential to the public interest.
HB0061 Engrossed            -2-                LRB9000699SMdv
 1        Section 10.  Definitions. As used in this Act:
 2        "Approved    apprenticeship    program"     means     any
 3    apprenticeship   program   registered   with  the  Bureau  of
 4    Apprenticeship Training of the United  States  Department  of
 5    Labor.
 6        "Board"  means  the  Illinois  State  Board of Electrical
 7    Examiners.
 8        "Department" means  the  Illinois  Department  of  Public
 9    Health.
10        "Director" means the Director of Public Health.
11        "Electrical   contractor"   means   a  person,  firm,  or
12    corporation operating a business that undertakes or offers to
13    undertake to complete, organize for, supervise, or install or
14    to make additions, alterations, maintenance,  or  repairs  in
15    the  installation  of  wiring,  apparatus  or  equipment  for
16    electric  light,  heat, or power with or without compensation
17    and who is  licensed  as  an  electrical  contractor  by  the
18    Department.   An  electrical contractor's license does not of
19    itself qualify its holder  to  perform  the  electrical  work
20    authorized  by  holding  any  class of electrician's license.
21    "Electrical contractor" shall not include  any  manufacturing
22    corporation  having  2000  or  more employees that engages in
23    activities described in  this  paragraph  incidental  to  the
24    operation or maintenance of its own business and facilities.
25        "Governmental  unit"  means a city, village, incorporated
26    town, or county.
27        "Journeyman  electrician"  means  a  person  having   the
28    necessary qualifications, training, experience, and technical
29    knowledge   to   wire  for,  install,  maintain,  and  repair
30    electrical wiring, apparatus, and equipment who  is  licensed
31    as  a  journeyman  electrician  by  the  Department of Public
32    Health.
33        "Master electrician" means a person having the  necessary
34    qualifications, training, experience, and technical knowledge
HB0061 Engrossed            -3-                LRB9000699SMdv
 1    to  install,  maintain,  and repair and to properly complete,
 2    organize,  and  supervise   the   installation   of   wiring,
 3    apparatus,  and equipment for electric light, heat, and power
 4    who is licensed as a master electrician by the Department  of
 5    Public Health.
 6        "Owner"  means  a  natural person who physically performs
 7    electrical work on premises  the  person  owns  and  actually
 8    occupies  as  a  residence  or  owns  and  will  occupy  as a
 9    residence upon completion of construction.
10        "Registered apprentice" means a  person  registered  with
11    the  United  States  Department  of  Public Health, Bureau of
12    Apprenticeship Training who is learning the trade  under  the
13    supervision of a licensed electrician.
14        "Residential  electrician"  means  a  person  having  the
15    necessary qualifications, training, experience, and technical
16    knowledge  involving  the  construction,  wiring, alteration,
17    maintenance, or repair of single family houses  or  apartment
18    buildings and who is licensed as a residential electrician by
19    the Department.
20        "Supervision"  means  any  new  electrical work done by a
21    registered apprentice electrician must be inspected at  least
22    once  after  initial  rough-in and once upon completion by an
23    Illinois licensed electrician.  In addition, all  renovation,
24    alteration,  repair, extension, modification, and maintenance
25    work done  by  a  registered  apprentice  electrician  on  an
26    existing  electrical  system  must be approved by an Illinois
27    licensed electrician.
28        Section 15.  Board of Electrical Examiners.
29        (a)  There  is  created  the  Illinois  State  Board   of
30    Electrical Examiners which shall exercise its duties provided
31    in  this  Act  under  the supervision of the Department.  The
32    Board shall consist of 11 members appointed by the  Director.
33    The   Board   shall   be   composed   of  3  licensed  master
HB0061 Engrossed            -4-                LRB9000699SMdv
 1    electricians, 3 licensed electrical contractors, one licensed
 2    electrical engineer, one electrical inspector employed  on  a
 3    full-time basis by a government entity, one representative of
 4    a public utility, the State Fire Marshal, and a member of the
 5    general public.  In making the appointments to the Board, the
 6    Director  shall  consider the recommendations of individuals,
 7    firms,  or  organizations  involved  in   electrical   wiring
 8    installation  in  this State. The Director shall further take
 9    into consideration the minority makeup of the population  and
10    appoint  minorities in proportion. Members of the Board shall
11    serve 4 year terms and until their successors  are  appointed
12    and  qualified.   The initial appointments, however, shall be
13    as follows: 3 members for terms of 2 years, 3 members  for  3
14    years,  and  4  members for 4 years. The State Fire Marshal's
15    service on the Board shall be continuous. Board members shall
16    receive no compensation but shall be reimbursed for  expenses
17    incurred in connection with their duties as Board members.
18        (b)  The  Board shall aid the Director and the Department
19    by:
20             (1)  Preparing subject matter  for  examinations  as
21        provided in this Act.
22             (2)  Suggesting  rules  to  govern  examinations and
23        hearing for suspension, revocation, or  reinstatement  of
24        licenses.
25             (3)  Submitting recommendations to the Director from
26        time  to  time  for  the efficient administration of this
27        Act.
28             (4)  Performing  other  duties  from  time  to  time
29        prescribed by the Director.
30        Section 20.  Powers and  duties  of  the  Director.   The
31    Director shall:
32        (a)  Prepare  forms  for  application for examination for
33    master, journeyman, and residential licenses.
HB0061 Engrossed            -5-                LRB9000699SMdv
 1        (b)  Prepare and issue licenses as provided in this Act.
 2        (c)  With the aid  of  the  Board,  prescribe  rules  and
 3    regulations   for   examination  of  applicants  for  master,
 4    journeyman, and residential licenses.
 5        (d)  With the aid of the Board, prepare and give  uniform
 6    and  comprehensive  examinations  to  applicants  for master,
 7    journeyman, and residential licenses that  shall  test  their
 8    knowledge,  and  qualifications in the planning and design of
 9    electrical  systems,  their  knowledge,  qualifications,  and
10    manual  skills  in  electrical   installations,   and   their
11    knowledge   of  the  National  Electrical  Code  relating  to
12    materials, design, and installation of methods of  electrical
13    systems.
14        (e)  All  tests  shall be given, administered, and graded
15    by State employees in a manner that does not  compromise  the
16    integrity of the Act.
17        (f)  Issue  master,  journeyman, and residential licenses
18    and license renewals to every applicant who  has  passed  the
19    examination and who has paid the required license and renewal
20    fee.
21        (g)  Prescribe  rules  for  hearings  to  deny,  suspend,
22    revoke, or reinstate licenses as provided in this Act.
23        (h)  Maintain  a current record showing (i) the names and
24    addresses of licensed  master,  journeyman,  and  residential
25    electricians  and  registered  apprentices; (ii) the dates of
26    issuance of licenses; (iii) the date and  substance  for  the
27    charges  set  forth in any hearing for denial, suspension, or
28    revocation of any license; (iv) the date and substance of the
29    final order issued upon a  hearing;  and  (v)  the  date  and
30    substance  of  all petitions for reinstatement of license and
31    final orders on petitions.
32        (i)  Establish and  collect  fees  for  the  examination,
33    issuance, and renewal of licenses.
34        (j)  Provide   for   the  inspection  of  new  electrical
HB0061 Engrossed            -6-                LRB9000699SMdv
 1    installations  in  construction,   remodeling,   replacement,
 2    maintenance, and repair work.
 3        (k)  Establish  and  collect  fees  for  the handling and
 4    inspection of new electrical installations.
 5        (l)  Formulate and publish rules necessary or appropriate
 6    to carrying out the provisions of this Act.
 7        Section 25.  Licenses.
 8        (a)  Master electrician.  Except as otherwise provided by
 9    law, no person shall  complete,  organize,  install,  repair,
10    maintain,  lay  out, or supervise the installation of wiring,
11    apparatus, or equipment for electrical light, heat, or  power
12    unless the person is:
13             (1)  licensed   by   the   Department  as  a  master
14        electrician; and
15             (2)  the  work  is   for   a   licensed   electrical
16        contractor  and  the  person  is  the licensed electrical
17        contractor or an employee, partner,  or  officer  of  the
18        licensed  electrical contractor, or the work is performed
19        for  the  person's  employer  on  electrical   equipment,
20        apparatus,  or facilities owned or leased by the employer
21        that is located within the limits of  property  owned  or
22        leased, operated, and maintained by the employer.
23        An applicant for a master electrician's license shall (i)
24    have a Bachelor of Science degree from an approved electrical
25    engineering  program;  (ii)  have  had  at  least  one year's
26    experience,  acceptable  to  the  Director,  as  a   licensed
27    journeyman;  (iii)  have  had  at  least  5 years experience,
28    acceptable to the Director,  in  organizing  for,  directing,
29    completing, supervising, and installing wiring, apparatus, or
30    equipment for electrical light, heat, and power; or (iv) have
31    had  at least 6 years experience, acceptable to the Director,
32    with  an  electrical  contracting  company   in   organizing,
33    estimating, directing, completing, and supervising, under the
HB0061 Engrossed            -7-                LRB9000699SMdv
 1    supervision   of   a   licensed   master   electrician,   the
 2    installation of electrical work for electric light, heat, and
 3    power.
 4        (b)  Journeyman   electrician.    Except   as   otherwise
 5    provided by law, no person shall wire for, install, maintain,
 6    or  repair electrical wiring, apparatus, or equipment, unless
 7    the person is licensed by  the  Department  as  a  journeyman
 8    electrician  employed  by  a  licensed electrical contractor.
 9    Nothing in this subsection (b),  however,  shall  prohibit  a
10    master  electrician  from performing the work of a journeyman
11    electrician.
12        An applicant for a journeyman electrician's license shall
13    have had at least 5 years of experience,  acceptable  to  the
14    Director, in wiring for, installing, and repairing electrical
15    wiring, apparatus, or equipment. The Department, however, may
16    by  rule  or regulation provide for the allowance of one year
17    of experience credit for successful completion of  a  2  year
18    post high school electrical course approved by the Board. The
19    Director   shall  accept  as  the  necessary  experience  the
20    successful completion of an approved apprenticeship  training
21    program,  provided  the    applicant  has  completed  4 years
22    experience with one or more licensed contractors.
23        (c)  Apprentices.  Any person may work as  an  apprentice
24    to  a  licensed  electrician  who  is enrolled in an approved
25    program, but shall do no electrical wiring except  under  the
26    on-the-job supervision of a licensed electrician.
27        (d)  Residential   electrician.    Except   as  otherwise
28    provided by law, no  person  shall  construct,  wire,  alter,
29    maintain,   or  repair  single  family  houses  or  apartment
30    buildings unless the person is licensed by the Department  as
31    a  residential  electrician employed by a licensed electrical
32    contractor. Nothing in this subsection  (d),  however,  shall
33    prohibit  a master electrician or journeyman electrician from
34    performing the work of a residential electrician.
HB0061 Engrossed            -8-                LRB9000699SMdv
 1        An applicant  for  a  residential  electrician's  license
 2    shall  have had at least 3 years of experience, acceptable to
 3    the  Director,  in  having  the   necessary   qualifications,
 4    training  and technical knowledge involving the construction,
 5    wiring, alteration, or repair  of  single  family  houses  or
 6    apartment  buildings. The Department, however, may by rule or
 7    regulation  provide  for  the  allowance  of  one   year   of
 8    experience  credit for successful completion of a 2 year post
 9    high school electrical course  approved  by  the  Board.  The
10    Director shall accept as the necessary 3 years experience the
11    successful  completion  of an approved apprenticeship program
12    provided the applicant has completed 3 years experience  with
13    one or more licensed contractors.
14        (e)  Contractors.   Except  as otherwise provided by law,
15    no person other than an employee  of  a  licensed  electrical
16    contractor   as   defined  in  this  Act  or  employee  of  a
17    manufacturing corporation having 2000 or more employees  that
18    engages   in  the  activities  of  an  electrical  contractor
19    incidental  to  the  operation  or  maintenance  of  its  own
20    business and facilities shall undertake or offer to undertake
21    to organize for, direct, complete, supervise, or  install  or
22    to   make   additions,   alterations,   or   repairs  in  the
23    installation  of,  or  to  maintain,  wiring  apparatus   and
24    equipment  for  electrical  light,  heat,  or  power  with or
25    without compensation unless the person obtains an  electrical
26    contractor's  license.   An  electrical  contractor's license
27    shall be issued  by  the  Department  upon  the  contractor's
28    giving  bond  to  the  State  in  the  penal  sum  of  $5,000
29    conditioned  upon  the faithful and lawful performance of all
30    work entered into by  the  contractor  within  the  State  of
31    Illinois.  The  bond  shall  be  for  the  benefit of persons
32    injured or suffering financial loss by reason of  failure  of
33    performance.  The bond shall be filed with the Department and
34    shall  be in lieu of all other license bonds to any political
HB0061 Engrossed            -9-                LRB9000699SMdv
 1    subdivision.  The bond shall be written by a corporate surety
 2    licensed to do business in the State of Illinois.
 3        Each  licensed  electrical  contractor  shall  have   and
 4    maintain in effect general liability insurance, that includes
 5    premises  and operations insurance and products and completed
 6    operations insurance, with limits of at  least  $100,000  per
 7    occurrence,  $300,000  aggregate limit for bodily injury, and
 8    property damage insurance with limits of at least $25,000  or
 9    a  policy  with a single limit for bodily injury and property
10    damage of $300,000  per  occurrence  and  $300,000  aggregate
11    limits.   The  insurance  shall  be  written  by  an  insurer
12    licensed  to  do  business  in the State of Illinois and each
13    licensed electrical contractor shall maintain  on  file  with
14    the   Department  a  certificate  evidencing  insurance  that
15    provides that the insurance shall not  be  cancelled  without
16    the  insurer  first  giving  15  days  written  notice to the
17    Department of the cancellation.
18        No contractor shall engage in business unless he  or  she
19    is or has in his or her employ a licensed master electrician,
20    who   shall   be  responsible  for  the  performance  of  all
21    electrical work in accordance with the requirements  of  this
22    Act.    When an electrical contractor's license is held by an
23    individual, partnership, or corporation and  the  individual,
24    one  of  the  partners,  or  an  officer  of the corporation,
25    respectively, is not the responsible  master  electrician  of
26    record,  all  requests  for inspection shall be signed by the
27    responsible master electrician of  record.   The  application
28    for   an  electrical  contractor's  license  must  include  a
29    verified statement that  the  designated  responsible  master
30    electrician  is  a  full  time  employee  of  the individual,
31    partnership,  or  corporation  applying  for  an   electrical
32    contractor's  license.   For purposes of this Section, a full
33    time employee of  a  licensed  electrical  contractor  is  an
34    individual  who is not employed in any capacity as a licensed
HB0061 Engrossed            -10-               LRB9000699SMdv
 1    electrician by any other electrical contractor.
 2        Section   30.  Examination.    In   addition   to   other
 3    requirements imposed by this  Act  and  except  as  otherwise
 4    provided  in  this  Act,  as a precondition to issuance of an
 5    electrician's license, each applicant  must  pass  a  written
 6    examination  given  by the Department for the type of license
 7    sought  to  insure  the  competence  of  each  applicant  for
 8    license.  No person failing an examination may retake it  for
 9    6 months, but may, within 6 months, take an examination for a
10    lesser  grade  of license.  Any licensee failing to renew his
11    or her license for 2 years or more after its expiration shall
12    be required to retake the examination before  he  or  she  is
13    issued a new license.
14        Section 35.  Experience requirements.
15        (a)  Except   as   otherwise   provided   for   a  master
16    electrician's license under Section 25, an applicant  for  an
17    electrician's  license shall meet the experience requirements
18    of this Section before examination for licensure.
19        (b)  The  maximum   allowable   credit   for   electrical
20    experience:
21             (1)  before age 16 is 6 months;
22             (2)  in the military service is 12 months;
23             (3)  in foreign countries is 12 months; and
24             (4)  acquired  during the school term of an approved
25        post high school electrical course is one year.
26        (c)  Experience in the categories of organizing  for  the
27    installation  of  wiring, apparatus, and equipment for light,
28    heat and power; directing for  the  installation  of  wiring,
29    apparatus,   and   equipment  for  light,  heat,  and  power;
30    supervising  the  installation  of  wiring,  apparatus,   and
31    equipment   for  light,  heat,  and  power,  and  wiring  and
32    installing electrical wiring, apparatus,  and  equipment  for
HB0061 Engrossed            -11-               LRB9000699SMdv
 1    light,  heat,  and power is acceptable to the Director in the
 2    following situations:
 3             (1)  Experience while in the employ of an electrical
 4        contractor licensed under this Act.
 5             (2)  Experience while working  in  Illinois  for  an
 6        employer  who  is  not  required  to  be  licensed  as an
 7        electrical contractor, if the work is inspected and  done
 8        under the supervision of a properly licensed electrician.
 9             (3)  Experience  while performing electrical work in
10        Illinois for an employer who  is  exempt  from  licensing
11        when  the work is exempt from inspection or when the work
12        is performed on federal property by a  federal  employee,
13        if the Department has determined in either situation that
14        the experience is substantially equal to that acquired in
15        performing  work  while  in  the  employ  of  a  licensed
16        electrical contractor.
17             (4)  Experience  while  performing  electrical  work
18        outside  of Illinois, which the Department has determined
19        is substantially equivalent to the work  performed  while
20        in  the  employ  of  a  licensed electrical contractor in
21        Illinois.   This  determination  must  be  based   on   a
22        certification  by  the  employer  for  the  type  of work
23        performed.
24        Section  40.  Military  and  government  exemption.   The
25    Department shall reinstate a license  that  expires  while  a
26    licensee  is in active Military Service or government service
27    of the United States upon application to  the  Department  by
28    the licensee within 2 years after termination of the military
29    service  or government service, payment of the annual license
30    fee, and submission of evidence of the  military  service  or
31    government  service.  The license shall be reinstated without
32    examination and without payment of the lapsed renewal fee.
HB0061 Engrossed            -12-               LRB9000699SMdv
 1        Section 45.  License and renewal fees.
 2        (a)  All licenses issued  under  this  Act  shall  expire
 3    annually in a manner as provided by the Department.
 4        (b)  The following fees are nonrefundable:
 5             (1)  The  fee application for a license or temporary
 6        license is $100.
 7             (2)  The fee for the renewal of a license is $25.
 8             (3)  The fee for the reinstatement of a license that
 9        has been expired for less  than  2  years  is  $50,  plus
10        payment of all unpaid renewal fees.
11             (4)  The  fee  for the restoration of a license that
12        has been expired for more than 2 years is $100.
13             (5)  The  fee  for  the  issuance  of  a   duplicate
14        license,  the  issuance of a replacement license that has
15        been lost or destroyed, or the issuance of a license with
16        a change of  name  or  address,  other  than  during  the
17        renewal  period, is $25.  No fee is required for name and
18        address changes on Department records when  no  duplicate
19        license is issued.
20             (6)  The  fee  for the certification of a licensee's
21        record for any purpose is $25.
22             (7)  The fee for the rescoring of an examination  is
23        the  cost to the Department of rescoring the examination,
24        plus any fees charged by the applicable  testing  service
25        to have the examination rescored.
26             (8)  The  fee  for  copies of a license shall be the
27        actual cost of producing the copies.
28             (9)  The fee for a roster  of  persons  licensed  as
29        electricians is the actual cost of producing the roster.
30             (10)  The  fee  for  application for a license by an
31        electrician registered or  licensed  under  the  laws  of
32        another state is $100.
33        Section   50.  Denial,   suspension,  and  revocation  of
HB0061 Engrossed            -13-               LRB9000699SMdv
 1    licenses.  The Department may by order deny, suspend, revoke,
 2    or refuse to renew a license, or may censure a licensee if it
 3    finds that it is in the public interest to do so and that the
 4    applicant or licensee:
 5        (a)  has filed an  application  for  a  license  that  is
 6    incomplete  in any material respect or contains any statement
 7    that, in light of the circumstances under which it  is  made,
 8    is false or misleading with respect to any material fact;
 9        (b)  has   engaged   in  any  fraudulent,  deceptive,  or
10    dishonest practice;
11        (c)  has been convicted within the  past  5  years  of  a
12    misdemeanor involving a violation of this Act; or
13        (d)  has  violated  or  failed to comply with this Act or
14    its rules or any order issued under this  Act.   A  violation
15    need not be willful.
16        The  Department  may  adopt  rules further specifying and
17    defining actions and omissions  that  constitute  fraudulent,
18    deceptive, or dishonest practices, and establishing standards
19    of conduct for licensees.
20        Section  55.  Grounds  for  suspension  of  license.  The
21    Department  may  temporarily suspend a license and call for a
22    hearing when findings show one or more of the following:
23        (a)  That the licensee obtained or conspired with  others
24    to  obtain  a license by inducing the issuance of the license
25    in consideration of the payment of money or delivery  of  any
26    other  thing  of value or by and through misrepresentation of
27    facts.
28        (b)  That the licensee willfully violated any law of this
29    State or any rules, regulation or code regulating  electrical
30    wiring  installations,  licensed  electricians, or registered
31    apprentice electricians.
32        (c)  That the licensee has been guilty of  negligence  or
33    incompetence in the performance of installation of electrical
HB0061 Engrossed            -14-               LRB9000699SMdv
 1    wiring.
 2        (d)  That  the  licensee  has  loaned  or  in  any manner
 3    transferred his or her license to another person.
 4        If a license is suspended or revoked, the  license  shall
 5    be  surrendered to the Department but it shall be returned to
 6    the licensee upon the termination of the suspension period.
 7        The Department may refuse to issue  or  may  suspend  the
 8    license of any person who fails (i) to file a return, (ii) to
 9    pay  the tax, penalty or interest shown in a filed return, or
10    (iii)  to  pay  any  final  assessment  of  tax,  penalty  or
11    interest, as required by any  tax  Act  administered  by  the
12    Illinois   Department   of   Revenue,   until  the  time  the
13    requirements of the tax Act are satisfied.
14        Section 60.  Continuation of business by  estates.   Upon
15    the  death  of  a  master  electrician  who  is an electrical
16    contractor,  the  Department  may   permit   the   decedent's
17    representative to carry on the business of the decedent for a
18    period  not  in  excess  of  6  months,  for  the  purpose of
19    completing work under contract or otherwise  to  comply  with
20    this  Act.   The  representative  shall  give any bond as the
21    Department may require  conditioned  upon  the  faithful  and
22    lawful  performance  of  the work.  The bond shall be for the
23    benefit of persons injured or  suffering  financial  loss  by
24    reason  of failure of performance.  The bond shall be written
25    by a corporate surety licensed to do business in the State of
26    Illinois.  The decedent's representative  shall  also  comply
27    with  all  public  liability  and  property  damage insurance
28    requirements imposed by this Act upon a  licensed  electrical
29    contractor.  The decedent's heirs shall have option of hiring
30    a replacement master electrician and obtaining a contractor's
31    license.
32        Section  65.  Reciprocity.   To the extent that any other
HB0061 Engrossed            -15-               LRB9000699SMdv
 1    state  that  provides  for  the  licensing  of   electricians
 2    provides  for  similar  action,  the  Department  may grant a
 3    license, without examination, of the same grade and class  to
 4    an  electrician  who has been licensed by any other state for
 5    at least one year, upon  payment  by  the  applicant  of  the
 6    required  fee  and  upon  the Department being furnished with
 7    proof that the qualifications of the applicant are  equal  to
 8    the   qualifications   of  holders  of  similar  licenses  in
 9    Illinois.
10        Section 70.  Exemptions for licensing.
11        (a)  Employees of any  manufacturing  corporation  having
12    2000  or  more employees or of a municipal or railway utility
13    shall not be required to hold a  license  under  any  of  the
14    following conditions:
15             While  performing  work on installations, materials,
16        or equipment that are  owned  or  leased,  operated,  and
17        maintained  by  the manufacturing corporation having 2000
18        or more employees, in the exercise of  its  manufacturing
19        function,  and  that  (i)  are  used  exclusively for the
20        generation, transformation,  distribution,  transmission,
21        or  metering  of  electric  current,  or the operation of
22        railway signals, or the transmission of intelligence  and
23        do  not  have  as a principal function the consumption or
24        use of electric current by or  for  the  benefit  of  any
25        person  other  than  the manufacturing corporation having
26        2000 or more employees and (ii) are generally  accessible
27        only to employees of the manufacturing corporation having
28        2000 or more employees.
29        (b)  An  owner  shall not be required to hold or obtain a
30    license  under  this  Act.   Nevertheless,  electrical   work
31    performed by an owner shall comply with the minimum standards
32    contained  in the National Electrical Code and may be subject
33    to inspection by the Department.  An owner shall  not  employ
HB0061 Engrossed            -16-               LRB9000699SMdv
 1    anyone  other  than an electrician licensed under this Act to
 2    assist him or her.
 3        (c)  Any city, village, or  incorporated  town  having  a
 4    population of 500,000 or more may, by an ordinance containing
 5    provisions  substantially  the  same as those in this Act and
 6    specifying educational or experience requirements  equivalent
 7    to  those  prescribed  in  the  Act,  provide  for a board of
 8    electrical examiners to  conduct  examinations  for,  and  to
 9    issue,  suspend, or revoke, electricians' licenses within the
10    city village or incorporated town.   Upon  the  enactment  of
11    such an ordinance, the provisions of this Act shall not apply
12    within that municipality except as otherwise provided in this
13    Act.   Any  person  licensed  as an electrician under a local
14    ordinance, or licensed by the Department under this Act,  may
15    engage  in  electrical  wiring  installation anywhere in this
16    State.
17        (d)  Nothing in this Act shall be  construed  to  prevent
18    the  practice  of  architecture  as  defined  in the Illinois
19    Architecture  Practice  Act  of  1989  or  the  practice   of
20    professional  engineering  as  defined  in  the  Professional
21    Engineering   Practice   Act  of  1989  or  the  practice  of
22    structural  engineering  as   defined   in   the   Structural
23    Engineering Licensing Act of 1989.
24        (e)  Nothing in this Act shall be construed to prevent an
25    owner or operator of a farm from installing, making additions
26    to, altering, maintaining, or repairing wiring, apparatus, or
27    equipment for electric light, heat, or power on the farm that
28    he or she owns or operates.  For purposes of this subsection,
29    "farm"  means  land or a building appurtenant to land that is
30    used for an agricultural purpose or for a  purpose  accessory
31    to an agricultural purpose.
32        (f)  The  provisions  of  this  Act  shall  not  apply to
33    locksmiths and locksmith agencies licensed under the  Private
34    Detective, Private Alarm, Private Security, and Locksmith Act
HB0061 Engrossed            -17-               LRB9000699SMdv
 1    of  1993  who  maintain,  install, or work on systems of less
 2    than 100 volts.
 3        (g)  The provisions of this Act shall not  apply  to  the
 4    installation,  replacement,  service,  or repair of household
 5    products, including  but  not  limited  to  audio  and  video
 6    equipment,  appliances,  garbage disposals, fans, lights, and
 7    garage door openers by a business entity primarily engaged in
 8    the retail sale of consumer products.
 9        Section   75.  Governmental    units.     No    municipal
10    corporation   or   political   subdivision  shall  engage  in
11    electrical work unless the electrical work  is  performed  by
12    one  or more licensed electricians or apprentice electricians
13    under  the   supervision   of   licensed   electricians.    A
14    governmental  unit may, however, contract for electrical work
15    with any person authorized to engage in  electrical  work  in
16    this State.
17        Section  80.  Display  of license.  Persons who advertise
18    electrical wiring services shall, at their place of business,
19    display the master electrician's  license  of  at  least  one
20    member of the firm, partnership or officer of the corporation
21    and  shall  maintain a register listing the names and license
22    numbers of  all  licensed  electricians  and  all  registered
23    apprentices  currently  employed  by  them.  When advertising
24    electrical  wiring  services  the  license  number  shall  be
25    included in all forms of written or printed  advertising  and
26    included   with   the  electrical  wiring  identification  of
27    vehicles.  The Department may, by rule or regulation, require
28    additional information concerning licensed  electricians  and
29    registered apprentices maintained in the register.
30        Section  85.  Safety  standards.   All electrical wiring,
31    apparatus and equipment for electric light,  heat  and  power
HB0061 Engrossed            -18-               LRB9000699SMdv
 1    shall comply with the rules and regulations of the Department
 2    of   Public   Health  as  applicable,  and  be  installed  in
 3    conformity with accepted standards of construction for safety
 4    to life and property.  For the  purposes  of  this  Act,  the
 5    regulations  and safety standards stated at the time the work
 6    is done in the then most recently published  edition  of  the
 7    National  Electrical  Code  as  adopted  by the National Fire
 8    Protection Association, Inc. and  approved  by  the  American
 9    National  Standards  Institute,  and  the National Electrical
10    Safety Code as published by the Institute of  Electrical  and
11    Electronics  Engineers,  Inc.  and  approved  by the American
12    National Standards Institute, shall be prima  facie  evidence
13    of  accepted standards of construction for safety to life and
14    property.  In  the  event  an  Illinois  building   code   is
15    formulated   containing   approved   methods   of  electrical
16    construction for safety to life and property, compliance with
17    the methods of electrical construction  of  that  code  shall
18    also  constitute  compliance  with  this Section.  Nothing in
19    this Act shall prohibit any political subdivision from making
20    and enforcing more stringent requirements than set  forth  in
21    this Act and those requirements shall be complied with by all
22    licensed electricians working within the jurisdiction of that
23    political  subdivision, except that nothing in this Act shall
24    be construed to give a political subdivision the authority to
25    apply those standards  or  requirements  to  electrical  work
26    performed on a farm.
27        Section 90.  Inspections.
28        (a)  Required  inspection.   Except  where  any political
29    subdivision  has  by  ordinance   provided   for   electrical
30    inspection  similar  to  that provided in this Act, every new
31    electrical  installation  in  any  construction,  remodeling,
32    replacement, or repair, except minor repair work  as  defined
33    by  the Department by rule or regulation, may be inspected by
HB0061 Engrossed            -19-               LRB9000699SMdv
 1    the Department for  compliance  with  accepted  standards  of
 2    construction for safety to life and property.
 3        All  inspectors for the Department shall hold licenses as
 4    master or journeyman electricians under this Act.
 5        (b)  Procedure.  (1) At or  before  commencement  of  any
 6        installation  required to be inspected by the Department,
 7        the   electrical   contractor   or   owner   making   the
 8        installation shall submit to the Department a request for
 9        inspection, in  a  form  prescribed  by  the  Department,
10        together with the fees required for the installation.
11             (2)  The  fees  required  are  a handling fee and an
12        inspection fee.  The handling fee shall  be  set  by  the
13        Department  in  an  amount  sufficient to pay the cost of
14        bringing and handling the form requesting an  inspection.
15        The  inspection  fee shall be set by the Department in an
16        amount  sufficient  to  pay  the  actual  costs  of   the
17        inspection  and  the  Department's costs in administering
18        the inspection.
19             (3)  If the inspector finds that the installation is
20        not in compliance with accepted standards of construction
21        for safety to life and property as required by this  Act,
22        the   inspector   shall  by  written  order  condemn  the
23        installation  or  the   noncomplying   portion   of   the
24        installation,   or  order  service  to  the  installation
25        disconnected, and shall send a copy of the order  to  the
26        Department.  If the installation or the noncomplying part
27        will  seriously  and  proximately endanger human life and
28        property, the order of the inspector,  when  approved  by
29        the   inspector's   superior,   shall  require  immediate
30        condemnation or disconnection.  In all other  cases,  the
31        order   of   the  inspector  shall  permit  a  reasonable
32        opportunity for  the  installation  to  be  brought  into
33        compliance  with  accepted  standards of construction for
34        safety to life and property prior to the  effective  time
HB0061 Engrossed            -20-               LRB9000699SMdv
 1        established for condemnation or disconnection.
 2             (4)  Copies  of  each  condemnation or disconnection
 3        order shall be served personally  or  by  mail  upon  the
 4        property  owner, the electrical contractor or electrician
 5        making  the  installation,  and  other  persons  as   the
 6        Department   by   rule  or  regulation  may  direct.   An
 7        aggrieved  party   may   appeal   any   condemnation   or
 8        disconnection  order  by  filing  with  the  Department a
 9        notice of appeal within 10 days after  (i)  service  upon
10        the  aggrieved party of the condemnation or disconnection
11        order, if this service is required or (ii) filing of  the
12        order  with  the  Department,  whichever  is  later.  The
13        Department shall adopt rules providing procedures for the
14        conduct  of appeals, including provisions for the stay of
15        enforcement of the order  of  the  inspector  pending  an
16        appeal when justified by the circumstances.
17             (5)  The inspectors of the Department shall have the
18        authority  to  enter  any  building  or  premises  at any
19        reasonable hour in the discharge  of  their  duties,  and
20        they  shall  have  the authority when necessary, to order
21        the removal of any existing obstructions such  as  laths,
22        plastering,  boarding,  or  partitions that may prevent a
23        proper inspection of the electrical installation.
24        (c)  Duty   of   electrical   utility.    No   electrical
25    installation subject to inspection by the Department shall be
26    newly connected or reconnected for use until there is  filed,
27    with the electrical utility supplying power, a certificate of
28    the property owner or licensed electrician directing the work
29    that inspection has been requested and that the conditions of
30    the  installation  are  safe  for energization.  In all cases
31    where an order of  condemnation  or  disconnection  has  been
32    issued   against   the   installation  or  any  part  of  the
33    installation, prior  to  connection  or  reconnection,  there
34    shall  also  first  be  filed  with  the  electrical  utility
HB0061 Engrossed            -21-               LRB9000699SMdv
 1    supplying  the  power  a copy of an order of the inspector or
 2    the Department dismissing the prior order of condemnation  or
 3    disconnection  or  approving  the  installation  as  being in
 4    compliance with accepted standards of construction for safety
 5    to life and property.  With respect  to  transient  projects,
 6    this  certificate shall also contain a certification that the
 7    request for inspection has been or will  be  filed  with  the
 8    Department  so  as to be received by it at least 5 days prior
 9    to the date and time energization of the installation by  the
10    utility  is  to  occur,  and  that the request for inspection
11    states the date and time.  It shall be the responsibility  of
12    the  Department  to  have inspection of the transient project
13    occur prior to the date and time at which the request  states
14    energization is to occur.
15        (d)  Powers  of  political  subdivisions.   Any political
16    subdivision may make provision for inspection  of  electrical
17    installations within its jurisdiction, in which case it shall
18    keep  on  file  with  the  Department  copies  of its current
19    inspection ordinances and codes.  Any  political  subdivision
20    may require any individual, partnership, corporation or other
21    business association holding a license from the Department to
22    pay  any  license,  registration fee, or permit fees provided
23    however,  that  any  political  subdivision  may  provide  by
24    ordinance a requirement that  each  individual,  partnership,
25    corporation  or  other  business association doing electrical
26    work within the jurisdiction  of  the  political  subdivision
27    have  on  file  with  the political subdivision a copy of the
28    current license issued by the Department or other evidence of
29    the license as may  be  provided  by  the  Department.   Each
30    electrical  inspector of any political subdivision shall be a
31    licensed master or journeyman electrician under this Act.
32        (e)  Exemptions   from    inspections.     Installations,
33    materials, or equipment shall not be subject to inspection in
34    any of the following situations:
HB0061 Engrossed            -22-               LRB9000699SMdv
 1             (1)  When  owned or leased, operated, and maintained
 2        by any manufacturing  corporation  having  2000  or  more
 3        employees  or  a  railway  utility in the exercise of its
 4        utility or manufacturing function and that:
 5                  (A)  are used exclusively for  the  generation,
 6             transformation,   distribution,   transmission,   or
 7             metering  of  electric  current,  the  operation  of
 8             railway    signals,    or    the   transmission   of
 9             intelligence,  and  do  not  have  as  a   principal
10             function  the consumption or use of electric current
11             by or for the benefit of any person other  than  the
12             manufacturing   corporation   having  2000  or  more
13             employees;
14                  (B)  are generally accessible only to employees
15             of the manufacturing corporation having 2000 or more
16             employees or persons acting  under  its  control  or
17             direction; and
18                  (C)  are not on the load side of the meter.
19             (2)  When  used in the street lighting operations of
20        an electric utility.
21             (3)  When used as outdoor area lights that are owned
22        and  operated  by  an  electric  utility  and  which  are
23        connected directly to its distribution system and located
24        upon the utility's  distribution  poles,  and  which  are
25        generally accessible only to employees of such utility or
26        persons acting under its control or direction.
27        (f)  Farms.   No inspections under this Act shall be made
28    of farms.
29        Section  95.  Order   of   suspension.    An   order   of
30    suspension,  revocation, or reinstatement of a license, or of
31    dismissal of a complaint or petition, or a certified copy  of
32    an  order,  over the seal of the Department and purporting to
33    be signed by the Director shall be prima facie proof that:
HB0061 Engrossed            -23-               LRB9000699SMdv
 1        (a)  The  signature  is  a  genuine  signature   of   the
 2    Director.
 3        (b)  The Director is duly appointed and qualified.
 4        (c)  The Board and the Members are qualified to act.
 5        Section   100.  Manufacturing  of  electrical  apparatus;
 6    exemption. Electrical components,  apparatus,  or  appliances
 7    being  manufactured  within  the  limits  of property that is
 8    owned or leased by  a  manufacturer  and  the  manufacturer's
 9    production  employees  shall  not  be  covered  by  this Act.
10    Installation or repair of electrical appliance units,  except
11    (i) electrical wiring to the unit, or (ii) original wiring in
12    or on the unit installed outside the limits of property which
13    is  owned or leased by a manufacturer shall not be covered by
14    this Act.
15        Section 105.  Violations.
16        (a)  Any person violating any provision of  this  Act  or
17    its  rules  or  regulations  shall  be  guilty  of  a Class B
18    misdemeanor and  fined  a  minimum  of  $100  for  the  first
19    offense.   A second or subsequent violation of this Act shall
20    be a Class A misdemeanor with a minimum fine  of  $200.  Each
21    day a violation continues constitutes a separate offense. The
22    State's  Attorney  of  the  County  in  which  the  violation
23    occurred  or  the  Attorney  General  shall  prosecute  these
24    actions  in  the name of the People of the State of Illinois.
25    The court may enjoin the  use  of  electricity  installed  in
26    violation  of  this  Act or its rules or regulations until it
27    has been corrected to comply  with  the  National  Electrical
28    Code.
29        (b)  If it is established that the defendant, contrary to
30    this  Act,  has  been  engaging,  is engaging, or is about to
31    engage in  electrical  work  without  having  been  issued  a
32    license,  or  has  been  engaging  or  is  about to engage in
HB0061 Engrossed            -24-               LRB9000699SMdv
 1    electrical work after his or her license has  been  suspended
 2    or  revoked or after his or her license has not been renewed,
 3    the Court  may  enter  a  decree  perpetually  enjoining  the
 4    defendant  from  further engaging in electrical work contrary
 5    to this Act. In case of a violation of any injunction  issued
 6    under  this  Section,  the Court may summarily try and punish
 7    the offender for contempt of court.   Injunction  proceedings
 8    shall  be  in  addition to, and not in lieu of, all penalties
 9    and other remedies in this Act.
10        Section 110.  Uniform Electrical Violation Citation.
11        (a)  Citation authorized.  The  Department  may  issue  a
12    citation  for  violations  of  this  Act  and  its rules, and
13    ordinances of political subdivisions. The citation must be in
14    a form as provided in this Section.
15        (b)  Form of citation. The Department shall prescribe the
16    detailed form of an electrical violation citation  and  shall
17    revise  the  citation as it considers necessary and proper to
18    keep the citation in conformity with the Department's rules.
19        (c)  Political subdivision may alter form  of  ticket.  A
20    political  subdivision that has made provision for inspection
21    of electrical installations within its jurisdiction  may  use
22    or  alter  by  deletion  or addition the electrical violation
23    citation adopted by the Department under this Section.
24        Section 115.  Electricians practicing  before  this  Act.
25    Electrical  contractors who are in the business on January 1,
26    1998 and who file a license application with  the  Department
27    within one year after the effective date of this Act shall be
28    granted  a license which shall be valid for one year from the
29    date of issuance. These licenses shall be subject  to  annual
30    renewal  as  provided  in  this Act.  All master, journeymen,
31    residential journeymen, and apprentices in  the  contractor's
32    employ shall also be granted their respective licenses.
HB0061 Engrossed            -25-               LRB9000699SMdv
 1        Persons  who are engaged in performing electrical work as
 2    defined in this Act on January 1, 1998 and who file a license
 3    application with the Department within  one  year  after  the
 4    effective  date  of this Act shall be granted a license which
 5    shall be valid for one year from the date of issuance.  These
 6    licenses  shall  be  subject to annual renewal as provided in
 7    this Act.  Nothing in this Act  shall  forbid  an  electrical
 8    contractor from employing more than one master electrician.
 9        Section  120.  Administrative Procedure Act; application.
10    The provisions of the Illinois Administrative  Procedure  Act
11    are  expressly  adopted and shall apply to all administrative
12    rules and procedures of the Department of Public Health under
13    this  Act,  except   that   Section   5   of   the   Illinois
14    Administrative  Procedure  Act  relating  to  procedures  for
15    rulemaking  does  not  apply  to  the  adoption  of  any rule
16    required  by  federal  law  in  connection  with  which   the
17    Department   is   precluded   by   law  from  exercising  any
18    discretion.
19        Section 125.  Review under Administrative Review Law. All
20    final administrative decisions of the Director under this Act
21    shall be subject to judicial review under the  Administrative
22    Review Law and its rules.
23        Section 130.  Home rule. Except as provided in Section 70
24    of  this Act, a home rule unit may not regulate the licensing
25    of  electricians  and  electrical  contractors  in  a  manner
26    inconsistent with the regulation by the State of electricians
27    and electrical contractors.  This  Section  is  a  limitation
28    under  subsection  (i)  of  Section  6  of Article VII of the
29    Illinois Constitution on the concurrent exercise by home rule
30    units of powers and functions exercised by the State.
HB0061 Engrossed            -26-               LRB9000699SMdv
 1        Section 135.  Severability.  The provisions of  this  Act
 2    are severable under Section 1.31 of the Statute on Statutes.
 3        Section 175.  The Regulatory Agency Sunset Act is amended
 4    by adding Section 4.18 as follows:
 5        (5 ILCS 80/4.18 new)
 6        Sec. 4.18. Act repealed on January 1, 2008. The following
 7    Act is repealed on January 1, 2008:
 8        The Electrician Licensing Act.
 9        (65 ILCS 5/11-33-1 rep.)
10        Section  195.  The  Illinois Municipal Code is amended by
11    repealing Section 11-33-1.
12        Section 999.  Effective date. This Act takes effect  July
13    1, 1998.

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