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92_SB0967
LRB9204522LBmb
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:
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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.
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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
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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
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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
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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
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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
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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
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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,
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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.
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1 (d) The commission of a single act prohibited by this Act
2 or prohibited by the rules promulgated under this Act or a
3 violation of a disciplinary order issued under this Act
4 constitutes a violation of this Act.
5 Section 55. Denial, suspension, and revocation of
6 licenses. The Department may by order refuse to issue or
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
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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
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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
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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
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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
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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.
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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
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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 2002, 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, 2002 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, 2002, 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
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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 adding Section 4.22 as follows:
27 (5 ILCS 80/4.22 new)
28 Sec. 4.22. Act repealed on January 1, 2012. The
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1 following Act is repealed on January 1, 2012:
2 The Electrician Licensing Act.
3 Section 197. The State Finance Act is amended by adding
4 Section 5.545 as follows:
5 (30 ILCS 105/5.545 new)
6 Sec. 5.545. The Electrical Safety Standards Fund.
7 Section 200. Effective date. This Act takes effect
8 January 1, 2002.