HB 98 — An Act providing for licensure of electrical contractors, electricians and apprentice electricians; establishing the State Board of Electrical Licensure; providing for powers and duties of the board; establishing fees, fines and penalties; and making an appropriation.

PRINTER'S NO.   621

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 98
                                               Session of
                                                 2025

     INTRODUCED BY NEILSON, BRENNAN, SANCHEZ, SIEGEL, GIRAL, PIELLI,
        HILL-EVANS, HANBIDGE, CIRESI, GUENST, HADDOCK, SCHLOSSBERG,
        DELLOSO, BELLMON, GALLAGHER, FIEDLER AND GREEN,
        FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        FEBRUARY 20, 2025


                                      AN ACT
 1   Providing for licensure of electrical contractors, electricians
 2      and apprentice electricians; establishing the State Board of
 3      Electrical Licensure; providing for powers and duties of the
 4      board; establishing fees, fines and penalties; and making an
 5      appropriation.
 6                            TABLE OF CONTENTS
 7   Chapter 1.   Preliminary Provisions
 8   Section 101.   Short title.
 9   Section 102.   Definitions.
10   Chapter 3.   State Board of Electrical Licensure
11   Section 301.   Board.
12   Section 302.   Powers and duties of board.
13   Chapter 5.   Licensure
14   Section 501.   Licensure.
15   Section 502.   Qualifications.
16   Section 503.   Continuing education.
17   Section 504.   Liability insurance.
18   Section 505.   Licensed electrical contractors and electricians
 1                 in other states.
 2   Section 506.    Duration of license.
 3   Section 507.    Reporting of multiple licensure.
 4   Chapter 7.    Administration and Enforcement
 5   Section 701.    Fees, fines and civil penalties.
 6   Section 702.    Violations.
 7   Section 703.    Suspension, revocation or refusal to issue
 8                 license.
 9   Section 704.    Suspensions and revocations.
10   Section 705.    Temporary and automatic suspensions.
11   Section 706.    Reinstatement of license.
12   Section 707.    Surrender of suspended or revoked license.
13   Section 708.    Injunction.
14   Section 709.    Subpoenas and oaths.
15   Section 710.    Municipalities.
16   Chapter 21.    Miscellaneous Provisions
17   Section 2101.    Appropriation.
18   Section 2102.    Regulations.
19   Section 2103.    Effective date.
20      The General Assembly of the Commonwealth of Pennsylvania
21   hereby enacts as follows:
22                                    CHAPTER 1
23                            PRELIMINARY PROVISIONS
24   Section 101.    Short title.
25      This act shall be known and may be cited as the Electrical
26   Contractor, Electrician and Apprentice Electrician Licensure
27   Act.
28   Section 102.    Definitions.
29      The following words and phrases when used in this act shall
30   have the meanings given to them in this section unless the

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 1   context clearly indicates otherwise:
 2      "Board."   The State Board of Electrical Licensure established
 3   under section 301(a).
 4      "Commissioner."   The Commissioner of Professional and
 5   Occupational Affairs within the department.
 6      "Conviction."    Includes a judgment, an admission of guilt or
 7   a plea of nolo contendere.
 8      "Department."    The Department of State of the Commonwealth.
 9      "Director."   The Director of the Bureau of Consumer
10   Protection in the Office of Attorney General or a designee.
11      "Electrical services."    As follows:
12          (1)    The installation, erection, repair, removal,
13      maintenance, demolition or alteration of a component of a
14      premises wiring system as defined in the National Electrical
15      Code, including work performed on all components of
16      electrical equipment and systems in buildings and structures
17      and on premises, on a temporary basis or permanently, for the
18      generation, transmission, distribution and utilization of
19      electrical energy.
20          (2)    The term does not include installations under the
21      exclusive control of an electric utility for the purpose of
22      communications, metering, generation, control, transformation
23      or distribution of electrical energy on the line side of the
24      service point.
25      "Licensed apprentice electrician."      An individual who is
26   registered as an apprentice under the act of July 14, 1961
27   (P.L.604, No.304), known as The Apprenticeship and Training Act,
28   and licensed by the State Board of Electrical Licensure as an
29   individual whose principal occupation is learning and assisting
30   in the performance of electrical services.

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 1      "Licensed electrical contractor."          An individual who is
 2   licensed by the State Board of Electrical Licensure and engages
 3   in the business of contracting to perform electrical services.
 4      "Licensed electrician."        An individual who is licensed by the
 5   State Board of Electrical Licensure and is authorized to perform
 6   electrical services.
 7      "Premises wiring system."        As follows:
 8            (1)   Interior and exterior wiring, including power,
 9      lighting, control and signal circuit wiring together with all
10      associated hardware, fittings and wiring devices, both
11      permanently and temporarily installed, including:
12                  (i)    Wiring from the service point or power source to
13            the outlets, including all electrical raceways, cable
14            assemblies, enclosures, conductors, generation equipment,
15            utilization/distribution equipment, hangers, supports,
16            devices and all other parts and components used in
17            systems to transmit electricity in or on buildings,
18            structures or on premises.
19                  (ii)    Wiring from and including the power source to
20            the outlets where there is no service point.
21            (2)   Wiring under paragraph (1) does not include wiring
22      internal to appliances, luminaries, motors, controllers,
23      motor control centers and similar equipment.
24      "Service point."        The point of connection between the
25   facilities of a serving utility and a premises wiring system.
26                                     CHAPTER 3
27                        STATE BOARD OF ELECTRICAL LICENSURE
28   Section 301.     Board.
29      (a)   Establishment.--The State Board of Electrical Licensure
30   is established within the department.

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 1      (b)   Composition.--The board shall consist of the following:
 2            (1)   The commissioner.
 3            (2)   The director.
 4            (3)   Two public members.
 5            (4)   One electrical inspector with a minimum of five
 6      years' experience inspecting electrical services.
 7            (5)   Eight professional members as follows:
 8                  (i)    Two professional members must be electrical
 9            contractors subject to collective bargaining agreements.
10                  (ii)    Two professional members must be electricians
11            not subject to collective bargaining agreements.
12                  (iii)    Two professional members must be electrical
13            contractors not subject to collective bargaining
14            agreements.
15                  (iv)    Two professional members must be electricians
16            subject to collective bargaining agreements.
17                  (v)    The professional members must have been actively
18            engaged in providing electrical services in this
19            Commonwealth for at least 10 years immediately preceding
20            appointment.
21                  (vi)    Except as specified in subsection (e),
22            professional members must be licensed under this act as
23            an electrical contractor or electrician.
24      (c)   Meeting.--The board shall meet within 30 days after the
25   appointment of the board's initial members and shall:
26            (1)   Establish procedures for the board's operation and
27      administration of this act.
28            (2)   Develop application forms for licensure.
29            (3)   Circulate application forms.
30            (4)   Educate the public regarding the requirements of

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 1      this act and providing electrical services in this
 2      Commonwealth.
 3      (d)   Term of membership.--Except for the commissioner and the
 4   director or a designee, the following apply to members of the
 5   board:
 6            (1)   Members shall be appointed by the Governor with the
 7      advice and consent of the Senate.
 8            (2)   Members must be citizens of the United States and
 9      residents of this Commonwealth.
10            (3)   Except as provided in paragraph (4), members shall
11      serve a term of four years or until a successor has been
12      appointed and qualified, but in no event longer than six
13      months beyond the four-year period. In the event that a
14      member dies or resigns or otherwise is disqualified during
15      the term of office, a successor shall be appointed in the
16      same manner and with the same qualifications as the former
17      member and shall hold office for the remainder of the
18      unexpired term. A member shall not be eligible to hold more
19      than two consecutive terms.
20            (4)   Members first appointed to the board under this act
21      shall serve terms of office as follows:
22                  (i)    Five members shall serve for terms of four
23            years.
24                  (ii)    Four members shall serve for terms of three
25            years.
26                  (iii)    Two members shall serve for terms of two
27            years.
28      (e)   Professional members and initial appointments.--Within
29   180 days of the effective date of this subsection, the Governor
30   shall nominate eleven members to initial terms under subsection

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 1   (d)(4). A professional member first appointed to the board under
 2   this act need not be licensed at the time of appointment but
 3   must satisfy eligibility requirements for licensure as provided
 4   in this act.
 5      (f)   Quorum.--A majority of the current members of the board
 6   shall constitute a quorum. Except for temporary and automatic
 7   suspensions under section 705, a member may not be counted as
 8   part of a quorum or vote on any issue unless the member is
 9   physically in attendance at the meeting.
10      (g)   Chairperson.--The board shall annually select a
11   chairperson from among the board's members.
12      (h)   Expenses.--With the exception of the commissioner and
13   the director, each member of the board shall receive $60 per
14   diem when actually attending to the work of the board. A member
15   shall also receive the amount of reasonable travel, hotel and
16   other necessary expenses incurred in the performance of the
17   member's duties in accordance with Commonwealth regulations.
18      (i)   Forfeiture.--Except for the commissioner and the
19   director, a member who fails to attend three consecutive
20   meetings shall forfeit the member's seat unless the
21   commissioner, upon written request from the member, finds the
22   member should be excused from a meeting because of illness or
23   the death of a family member.
24      (j)   Training seminars.--Except for the commissioner and the
25   director, a member who fails to attend two consecutive
26   statutorily mandated training seminars in accordance with
27   section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
28   known as The Administrative Code of 1929, shall forfeit the
29   member's seat unless the commissioner, upon written request from
30   the member, finds that the member should be excused from a

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 1   meeting because of illness, the death of a family member or
 2   another legitimate reason acceptable to the commissioner.
 3      (k)    Frequency of meetings.--The board shall meet at least
 4   four times a year in the City of Harrisburg and at other
 5   additional times as may be necessary to conduct the business of
 6   the board.
 7   Section 302.     Powers and duties of board.
 8      The board shall have the following powers and duties:
 9             (1)   To provide for and regulate the licensing of
10      individuals engaged in the provision of electrical services.
11             (2)   To issue, renew, reinstate, refuse to renew, suspend
12      and revoke licenses as provided for in this act.
13             (3)   To administer and enforce the provisions of this
14      act.
15             (4)   To contract with a professional testing organization
16      to administer tests to qualified applicants seeking to be
17      licensed as licensed electrical contractors, electricians or
18      apprentice electricians as provided in this act. Written,
19      oral or practical examinations shall be prepared and
20      administered by a qualified and approved professional testing
21      organization in the manner prescribed for written
22      examinations in section 812.1 of the act of April 9, 1929
23      (P.L.177, No.175), known as The Administrative Code of 1929.
24             (5)   To investigate applications for licensure and to
25      determine the eligibility of an individual applying for
26      licensure.
27             (6)   To promulgate and enforce regulations, not
28      inconsistent with this act, as necessary only to carry into
29      effect the provisions of this act. This paragraph includes
30      the setting of fees and the amount of professional liability

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 1    insurance required by licensed electrical contractors.
 2    Regulations shall be adopted in conformity with the
 3    provisions of the act of July 31, 1968 (P.L.769, No.240),
 4    referred to as the Commonwealth Documents Law, and the act of
 5    June 25, 1982 (P.L.633, No.181), known as the Regulatory
 6    Review Act.
 7        (7)    To keep minutes and records of all transactions and
 8    proceedings.
 9        (8)    To keep and maintain a registry of individuals
10    licensed by the board. The board shall provide access to the
11    registry to the public, including making the registry
12    available via electronic means.
13        (9)    To submit annually to the department an estimate of
14    financial requirements of the board for administrative, legal
15    and other expenses.
16        (10)    To annually submit a report to the Consumer
17    Protection and Professional Licensure Committee of the Senate
18    and the Professional Licensure Committee of the House of
19    Representatives. The report shall include a description of
20    the types of complaints reviewed, the status of cases, the
21    action which has been taken and the length of time from
22    initial complaint to final resolution.
23        (11)    To submit annually to the Appropriations Committee
24    of the Senate and the Appropriations Committee of the House
25    of Representatives, 15 days after the Governor has submitted
26    a budget to the General Assembly, a copy of the budget
27    request for the upcoming fiscal year that the board
28    previously submitted to the department.
29                              CHAPTER 5
30                              LICENSURE

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 1   Section 501.    Licensure.
 2      (a)   General rule.--Except as provided in subsections (d) and
 3   (g), an individual may not provide electrical services, offer
 4   the individual for employment as someone who may provide
 5   electrical services or hold the individual out as someone
 6   authorized to provide electrical services unless licensed as a
 7   licensed electrician by the board.
 8      (b)   Business entities.--Subject to subsection (g), any
 9   individual, corporation, partnership, firm or other entity may
10   not:
11            (1)   Contract to provide electrical services unless the
12      individual, corporation, partnership, firm or other entity is
13      licensed as a licensed electrical contractor in accordance
14      with this act.
15            (2)   Enter into a contract for the provision of
16      electrical services with an individual, corporation,
17      partnership, firm or other entity that is not licensed as a
18      licensed electrical contractor under this act.
19            (3)   Employ an individual to provide electrical services
20      or direct an individual to provide electrical services unless
21      the individual is licensed under this act.
22            (4)   Use the terms "licensed electrician" or "licensed
23      electrical contractor" or another derivative in connection
24      with the entity unless at least one employee or the owner of
25      the entity is licensed as a licensed electrician or licensed
26      electrical contractor in accordance with this act.
27      (c)   Title.--An individual, corporation, partnership, firm or
28   other entity that holds a license as:
29            (1)   A licensed electrical contractor, or a licensed
30      electrical contractor who is maintained on inactive status

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 1      under section 506(b), shall have the right to use the title
 2      "licensed electrical contractor" and the abbreviation
 3      "L.E.C." No other individual, corporation, partnership, firm
 4      or other entity may use the title "licensed electrical
 5      contractor" or the abbreviation "L.E.C."
 6            (2)   A licensed electrician, or a licensed electrician
 7      who is maintained on inactive status under section 506(b),
 8      shall have the right to use the title "licensed electrician"
 9      and the abbreviation "L.E." No other individual may use the
10      title "licensed electrician" or the abbreviation "L.E."
11            (3)   A licensed apprentice electrician or a licensed
12      apprentice electrician who is maintained on inactive status
13      under section 506(b) shall have the right to use the title
14      "licensed apprentice electrician" and the abbreviation
15      "L.A.E." No other individual may use the title "licensed
16      apprentice electrician" or the abbreviation "L.A.E."
17      (d)   Apprentice.--An individual who is a licensed apprentice
18   electrician may hold the individual out as being authorized to
19   provide electrical services if the individual works under the
20   direct onsite supervision of a licensed electrician, including a
21   licensed electrical contractor.
22      (e)   Responsibility.--A licensed electrical contractor shall
23   be responsible for inspecting and supervising electrical
24   services performed by licensed electricians and licensed
25   apprentice electricians employed to execute the contract.
26      (f)   Public notice of licensure.--
27            (1)   A licensed electrical contractor shall prominently
28      display the license number to the public on the official
29      advertisements, contracts and proposals, letterhead and
30      vehicles and via any other reasonable means determined by the

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 1      board.
 2            (2)   An individual licensed under this act shall be
 3      required to carry proof of licensure at all times while
 4      performing electrical services. Proof of licensure shall be
 5      presented to any code official, emergency responder or law
 6      enforcement official upon request.
 7            (3)   The manner and means by which the license
 8      information must be displayed and furnished shall be
 9      established by regulation of the board.
10      (g)   Exceptions to licensure.--This act shall not apply to
11   and a license shall not be required for the following:
12            (1)   The replacement of lamps and fuses.
13            (2)   The connection of portable electronic appliances to
14      permanently installed receptacles.
15            (3)   The installation, erection, repair, maintenance,
16      removal, demolition or alteration of electrical equipment or
17      electrical systems for generation, transmission, distribution
18      or utilization of electrical energy in structures,
19      facilities, buildings or premises owned or operated by a
20      railway or the Federal Government.
21            (4)   Commercial radio and television transmission
22      equipment.
23            (5)   The installation, erection, repair, maintenance,
24      removal, demolition or alteration of electrical equipment or
25      electrical systems for the generation, transmission,
26      distribution or utilization of electrical energy of less than
27      10 volts.
28            (6)   The installation, erection, repair, maintenance,
29      removal, demolition or alteration of electrical equipment
30      under the exclusive control of a public utility or electrical

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 1      cooperative corporation if the equipment:
 2                  (i)    consists of service drops or service laterals
 3            and associated metering;
 4                  (ii)    is located in legally established easements or
 5            rights-of-way designated or recognized by public service
 6            commissions, utility commissions, political subdivisions
 7            or other regulatory agencies having jurisdiction for the
 8            installations; or
 9                  (iii)    is located on property owned or leased by the
10            public utility or electrical cooperative corporation for
11            the purpose of communications, metering, generation,
12            control, transformation, transmission or distribution of
13            electrical energy.
14   Section 502.     Qualifications.
15      (a)   Licensed electrical contractor.--To be eligible for
16   licensure as a licensed electrical contractor, an applicant must
17   fulfill the following requirements:
18            (1)   Be of good moral character.
19            (2)   Be at least 22 years of age.
20            (3)   Submit satisfactory proof to the board that the
21      applicant has done one of the following:
22                  (i)    Successfully completed a program as a licensed
23            apprentice electrician.
24                  (ii)    Successfully completed a program recognized by
25            the board that trains individuals to provide electrical
26            services.
27                  (iii)    Acquired training and experience equivalent to
28            that specified in subparagraph (i) or (ii), as determined
29            by regulation of the board.
30            (4)   Pay the fee set by the board.

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 1            (5)   Pass the examination provided by the board.
 2            (6)   Submit satisfactory proof to the board that the
 3      applicant has worked at least 10,000 hours in electrical
 4      construction.
 5            (7)   Submit satisfactory proof to the board of the
 6      acquisition of professional liability insurance in an amount
 7      set by the board.
 8      (b)   Licensed electrician.--To be eligible for licensure as a
 9   licensed electrician, an applicant must fulfill the following
10   requirements:
11            (1)   Be of good moral character.
12            (2)   Be at least 20 years of age.
13            (3)   Submit satisfactory proof to the board that the
14      applicant has done one of the following:
15                  (i)    Successfully completed a program as a licensed
16            apprentice electrician.
17                  (ii)    Completed a program recognized by the board
18            that trains individuals to provide electrical services.
19                  (iii)    Acquired training and experience equivalent to
20            that specified in subparagraph (i) or (ii), as determined
21            by regulation of the board.
22            (4)   Pay the fee set by the board.
23            (5)   Pass the examination provided by the board.
24      (c)   Licensed apprentice electrician.--To be eligible for
25   licensure as a licensed apprentice electrician, an applicant
26   must fulfill the following requirements:
27            (1)   Be of good moral character.
28            (2)   Be at least 16 years of age.
29            (3)   Register with the Department of Labor and Industry
30      as specified in the act of July 14, 1961 (P.L.604, No.304),

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 1      known as The Apprenticeship and Training Act. The applicant
 2      shall submit proof of current registration to the board.
 3            (4)   Pay the fee set by the board.
 4      (d)   Renewal of license of licensed apprentice electrician.--
 5            (1)   In the case of a licensed apprentice electrician
 6      applying for renewal of a license if registration under
 7      subsection (c)(3) has expired or otherwise lapsed before the
 8      biennial renewal cycle will expire, the licensed apprentice
 9      electrician shall submit evidence satisfactory to the board
10      that the licensed apprentice electrician has renewed
11      registration.
12            (2)   Failure to notify the board within 30 days that
13      registration has expired or otherwise lapsed shall subject
14      the licensed apprentice electrician to disciplinary action.
15      In the case of a licensed apprentice electrician whose
16      registration has expired or otherwise lapsed, the license
17      shall immediately be placed on inactive status by the board.
18            (3)   The board shall promulgate regulations in order to
19      carry out the provisions of this subsection, including
20      regulations specifying the evidence necessary to demonstrate
21      renewal of registration.
22      (e)   Waiver of examination.--Notwithstanding the provisions
23   of subsections (a)(5) and (b)(5), the board may grant a license
24   to an individual applying for a license under this act without
25   examination if:
26            (1)   The individual applies within one year of the
27      effective date of section 501.
28            (2)   The individual meets the requirement of age and
29      character and pays the required fee.
30            (3)   For an individual applying for a license as a

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 1      licensed electrician under this subsection, the individual
 2      either:
 3                  (i)    submits proof satisfactory to the board of being
 4            a current holder of an electrician license issued by a
 5            municipality of this Commonwealth, provided that the
 6            licensing requirements of the municipality are not less
 7            restrictive than this act or regulation of the board; or
 8                  (ii)   submits proof satisfactory to the board of at
 9            least five years of prior experience providing electrical
10            services.
11            (4)   For an individual applying for a license as a
12      licensed electrical contractor under this subsection, the
13      individual submits proof satisfactory to the board of
14      currently holding an electrical contractor license issued by
15      a municipality of this Commonwealth.
16      (f)   Convictions prohibited.--The board may not issue a
17   license to an individual who has been convicted of a felonious
18   act prohibited by the act of April 14, 1972 (P.L.233, No.64),
19   known as The Controlled Substance, Drug, Device and Cosmetic
20   Act, or convicted of a felony related to a controlled substance
21   in a court of law of the United States or any other state,
22   territory or country unless:
23            (1)   At least 10 years have elapsed from the date of
24      conviction.
25            (2)   The individual satisfactorily demonstrates to the
26      board that the individual has made significant progress in
27      personal rehabilitation since the conviction such that
28      licensure of the individual should not be expected to create
29      a substantial risk of harm to the health and safety of the
30      public or a substantial risk of further criminal violations.

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 1            (3)   The individual otherwise satisfies the
 2      qualifications provided in this act. An individual's
 3      statement on the application declaring the absence of a
 4      conviction shall be deemed satisfactory evidence of the
 5      absence of a conviction unless the board has evidence to the
 6      contrary.
 7      (g)   Death or disability of licensed electrical contractor
 8   and continuance of business.--In the event of the death, illness
 9   or other physical disability of a licensee who qualified a
10   business as a licensed electrical contractor, a person may
11   continue to conduct the business as an electrical contractor for
12   at least six months following the date of the licensee's death,
13   illness or other physical disability as long as the business is
14   conducted under qualified supervision as the board deems
15   adequate.
16   Section 503.    Continuing education.
17      (a)   Regulations.--
18            (1)   The board shall adopt, promulgate and enforce rules
19      and regulations consistent with the provisions of this act
20      establishing continuing education to be met by individuals
21      licensed as electrical contractors and electricians under
22      this act. Regulations shall include any fees necessary for
23      the board to carry out its responsibilities under this
24      section.
25            (2)   The board may waive all or part of the continuing
26      education requirement for an individual who submits evidence
27      satisfactory to the board that the individual was unable to
28      complete the requirement due to illness, emergency, military
29      service or other hardship.
30            (3)   All courses, materials, locations and instructors

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 1      shall be approved by the board.
 2            (4)   No credit may be given for a course in office
 3      management or practice building.
 4      (b)   Requirement.--Beginning with the licensure period
 5   designated by regulation:
 6            (1)   An individual applying for renewal of a license as a
 7      licensed electrical contractor must obtain 24 hours of
 8      continuing education during the three calendar years
 9      immediately preceding the application for renewal.
10            (2)   An individual applying for renewal of a license as a
11      licensed electrician must obtain 12 hours of continuing
12      education during the three calendar years immediately
13      preceding the application for renewal.
14   Section 504.     Liability insurance.
15      (a)   General rule.--As a condition of triennial renewal, a
16   licensed electrical contractor shall submit evidence
17   satisfactory to the board of the acquisition and maintenance of
18   professional liability insurance in the amount set by the board.
19      (b)   Inactive status.--
20            (1)   In the case of the insurance being revoked, canceled
21      or otherwise lapsing, the licensed electrical contractor
22      shall notify the board in writing within 30 days. In such a
23      case, the board shall immediately place the license of a
24      licensed electrical contractor on inactive status.
25            (2)   Failure to notify the board in writing within 30
26      days as required under paragraph (1) shall subject the
27      licensed electrical contractor to disciplinary action.
28   Section 505.     Licensed electrical contractors and electricians
29                  in other states.
30      (a)   Reciprocity established.--Subject to subsection (b), the

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 1   board may issue a license without examination to an individual
 2   who is licensed as an electrical contractor or electrician in
 3   any other state, territory or possession of the United States if
 4   all of the following requirements are met:
 5            (1)   The individual meets the requirements as to
 6      character, age and absence of convictions.
 7            (2)   The individual pays the required fee.
 8            (3)   The standards for licensure in the other state,
 9      territory or possession meet or exceed the standards
10      specified in this act.
11      (b)   Requirement.--For an individual to be eligible to apply
12   for a license as a licensed electrical contractor or licensed
13   electrician under subsection (a), the other state, territory or
14   possession of the United States that licensed the individual
15   must provide an opportunity for reciprocal licensure which is
16   substantially similar to the opportunity provided by the
17   Commonwealth under this section.
18   Section 506.    Duration of license.
19      (a)   Duration of license.--
20            (1)   A license issued under this act shall be on a
21      triennial basis. The triennial expiration date shall be
22      established by regulation of the board.
23            (2)   Application for renewal of a license shall
24      triennially be forwarded to an individual holding a current
25      license prior to the expiration date of the current
26      triennium.
27            (3)   For individuals applying for licensure or renewal of
28      licensure as a licensed apprentice electrician, the
29      application form must indicate whether registration as an
30      apprentice under the act of July 14, 1961 (P.L.604, No.304),

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 1      known as The Apprenticeship and Training Act, has expired or
 2      otherwise lapsed before the triennial renewal cycle will
 3      expire.
 4      (b)   Inactive status.--
 5            (1)   An individual licensed under this act may request an
 6      application for inactive status. The application form may be
 7      completed and returned to the board.
 8            (2)   Upon receipt of an application, the individual shall
 9      be maintained on inactive status without fee and shall be
10      entitled to apply for a licensure renewal at any time.
11            (3)   An individual who requests the board to activate the
12      individual's license and has been on inactive status shall,
13      prior to receiving an active license, satisfy the
14      requirements of the board's regulations regarding continuing
15      education and remit the required fee.
16            (4)   In the case of a licensed apprentice electrician who
17      is placed on inactive status under section 502(d), the
18      licensed apprentice electrician shall provide evidence to the
19      board of renewal of registration before the board may
20      activate the license.
21            (5)   The board shall promulgate regulations to carry into
22      effect the provisions of this subsection.
23   Section 507.    Reporting of multiple licensure.
24      (a)   Duty to report.--A licensee who is licensed as an
25   electrical contractor or electrician in another state,
26   territory, or possession of the United States or another country
27   shall report this information to the board on the triennial
28   registration application. Disciplinary action taken in another
29   state, territory, or possession of the United States or another
30   country shall be reported to the board on the triennial

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 1   registration application or within 90 days of final disposition,
 2   whichever is sooner.
 3      (b)    Notice to other states.--Multiple licensure shall be
 4   noted by the board on the individual's record and the state,
 5   territory, or possession of the United States or another country
 6   that licensed the individual shall be notified by the board of
 7   disciplinary action taken against the licensee in this
 8   Commonwealth.
 9                                  CHAPTER 7
10                        ADMINISTRATION AND ENFORCEMENT
11   Section 701.     Fees, fines and civil penalties.
12      (a)    Fees.--
13             (1)   Fees required under this act shall be fixed by the
14      board by regulation and shall be subject to the act of June
15      25, 1982 (P.L.633, No.181), known as the Regulatory Review
16      Act.
17             (2)   If the revenues raised by the fees, fines and civil
18      penalties imposed under this act are insufficient to meet
19      expenditures over a three-year period, the board shall
20      increase those fees by regulation so that projected revenues
21      will meet or exceed projected expenditures.
22      (b)    Fee increase.--If the Bureau of Professional and
23   Occupational Affairs determines that the fees established by the
24   board under subsection (a) are insufficient to meet the minimum
25   enforcement efforts required by this act, the Bureau of
26   Professional and Occupational Affairs, after consultation with
27   the board and subject to the Regulatory Review Act, shall
28   increase the fees by regulation in an amount such that adequate
29   revenues are raised to meet the required enforcement effort.
30      (c)    Account.--Fees, fines and civil penalties imposed in

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 1   accordance with this act shall be paid into the Professional
 2   Licensure Augmentation Account established under and for use in
 3   accordance with the act of July 1, 1978 (P.L.700, No.124), known
 4   as the Bureau of Professional and Occupational Affairs Fee Act.
 5      (d)   Renewal fee.--The board may charge a fee, as set by the
 6   board by regulation, for licensure, for renewing licensure and
 7   for other services of the board as permitted by this act or by
 8   regulation.
 9   Section 702.    Violations.
10      (a)   General rule.--An individual or the responsible officer
11   or employee of a corporation, partnership, firm or other entity
12   who violates a provision of this act or a regulation of the
13   board commits a misdemeanor of the third degree and shall, upon
14   conviction, be sentenced to pay a fine of not more than $2,000
15   or to imprisonment for not more than six months for the first
16   violation. For the second and each subsequent conviction, the
17   person convicted shall be sentenced to pay a fine of not less
18   than $2,000 nor more than $5,000 or to imprisonment for not less
19   than six months nor more than one year, or both.
20      (b)   Civil penalty.--In addition to any other civil remedy or
21   criminal penalty provided for in this act, the board by a vote
22   of the majority of the maximum number of the authorized
23   membership of the board as provided by law or by a vote of the
24   majority of the qualified and confirmed membership or a minimum
25   of five members, whichever is greater, may levy a civil penalty
26   of up to $10,000 for any of the following:
27            (1)   A licensee who violates a provision of this act or
28      regulation of the board.
29            (2)   An individual who performs or contracts to perform
30      electrical services in violation of this act.

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 1            (3)   An individual who holds the individual out as
 2      someone authorized to perform electrical services without
 3      being properly licensed as provided for in this act.
 4            (4)   The responsible officers or employees of a
 5      corporation, partnership, firm or other entity violating a
 6      provision of this act.
 7      (c)   Procedure.--The board shall levy the civil penalty
 8   specified in subsection (b) only after affording the accused the
 9   opportunity for a hearing as provided for in 2 Pa.C.S. (relating
10   to administrative law and procedure).
11   Section 703.     Suspension, revocation or refusal to issue
12                  license.
13      (a)   General authority.--The board may refuse to issue,
14   suspend or revoke a license if the board finds:
15            (1)   The licensee is negligent or incompetent in the
16      performance of electrical services.
17            (2)   The licensee is unable to perform electrical
18      services with reasonable skill and safety by reason of mental
19      or physical illness or condition or physiological or
20      psychological dependence upon alcohol, hallucinogenic or
21      narcotic drugs or other drugs which tend to impair judgment
22      or coordination, as long as the dependence continues. The
23      following apply:
24                  (i)    In enforcing this paragraph, the board may, upon
25            probable cause, compel a licensee to submit to a mental
26            or physical examination as designated by the board.
27                  (ii)   After notice, hearing, adjudication and appeal,
28            failure of a licensee to submit to an examination when
29            directed shall constitute an admission of the allegations
30            unless failure is due to circumstances beyond the

20250HB0098PN0621                       - 23 -
 1        licensee's control, consequent upon which a default and
 2        final order may be entered without the taking of
 3        testimony or presentation of evidence.
 4              (iii)    An individual affected under this paragraph
 5        shall at reasonable intervals be afforded the opportunity
 6        to demonstrate that the individual can resume competent,
 7        safe and skillful performance of electrical services.
 8        (3)     The licensee has violated a provision of this act or
 9    a regulation of the board.
10        (4)     The licensee has committed fraud or deceit in:
11              (i)    the performance of electrical services; or
12              (ii)    securing licensure.
13        (5)     The licensee has been convicted of a felony or a
14    crime of moral turpitude or been convicted of a misdemeanor
15    related to providing electrical services or received
16    probation without verdict, disposition in lieu of trial or an
17    Accelerated Rehabilitative Disposition in the disposition of
18    felony charges in the courts of this Commonwealth, the United
19    States, another state, territory or possession of the United
20    States or another country.
21        (6)     The licensee has had the licensee's license to
22    practice as an electrician or electrical contractor suspended
23    or revoked or has received other disciplinary action by the
24    proper licensing authority in another state, territory or
25    possession of the United States or another country.
26        (7)     With respect to the provision of electrical
27    services, the licensee has acted in such a manner as to
28    present an immediate and clear danger to health, safety or
29    property.
30        (8)     The licensed electrical contractor failed to

20250HB0098PN0621                   - 24 -
 1      properly direct and supervise licensed electricians and
 2      licensed apprentice electricians who perform under a
 3      contract.
 4            (9)    In the case of a licensed electrician responsible
 5      for the direct onsite supervision of a licensed apprentice
 6      electrician, the licensed electrician failed to provide the
 7      proper supervision.
 8            (10)   The licensee possessed, used, acquired or
 9      distributed a controlled substance.
10            (11)   The licensee has been guilty of unprofessional
11      conduct, including departure from or failing to conform to
12      operating practices or professional standards embraced by the
13      licensed electricians' community in this Commonwealth and
14      failing to conform to recognized electrical safety standards,
15      including the National Electrical Code in effect in this
16      Commonwealth, and applicable municipal ordinances related to
17      health and safety. In a proceeding based on this paragraph,
18      actual injury to a person or damage to property need not be
19      established.
20            (12)   The licensee falsely advertised or made misleading,
21      deceptive, untrue or fraudulent material representations
22      regarding licensure or in the performance of electrical
23      services.
24            (13)   Unless waived by the board in accordance with
25      section 503, the licensee failed to satisfy the continuing
26      education requirements of this act.
27      (b)   Acts authorized.--When the board finds that the license
28   of an individual may be refused, suspended or revoked under
29   subsection (a), the board may:
30            (1)    Deny the application for a license.

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 1            (2)   Impose a fine.
 2            (3)   Administer a public reprimand.
 3            (4)   Suspend, revoke, limit or otherwise restrict a
 4      license.
 5            (5)   Require a licensee to submit to the care, counseling
 6      or treatment of a physician or a psychologist designated by
 7      the board.
 8            (6)   Suspend enforcement of the board's finding and place
 9      a licensee on probation with the right to vacate the
10      probationary order for noncompliance.
11            (7)   Restore or reissue, at the board's discretion, a
12      suspended license and impose any disciplinary or corrective
13      measure which the board might originally have imposed.
14   Section 704.    Suspensions and revocations.
15      A suspension or revocation shall be made only in accordance
16   with the regulations of the board and only by majority vote of
17   the members of the board after a hearing. An action of the board
18   shall be taken subject to the right of notice, hearing and
19   adjudication and the right of appeal, in accordance with the
20   provisions of 2 Pa.C.S. (relating to administrative law and
21   procedure). The board, by majority action and in accordance with
22   the board's regulations, may reissue a license which has been
23   suspended. If a license has been revoked, the board shall
24   reissue a license only in accordance with section 706.
25   Section 705.    Temporary and automatic suspensions.
26      (a)   Procedure.--
27            (1)   A license issued under this act may be temporarily
28      suspended under circumstances determined by the board to be
29      an immediate and clear danger to public health, safety or
30      property. The board shall issue an order of temporary

20250HB0098PN0621                    - 26 -
 1    suspension without a hearing, but upon due notice, to the
 2    licensee concerned at the licensee's last known address,
 3    which shall include a written statement of all allegations
 4    against the licensee. The provisions of section 704 shall not
 5    apply to temporary suspension.
 6          (2)   The board shall commence formal action to suspend,
 7    revoke or restrict the license of the individual as otherwise
 8    provided for in this act.
 9          (3)   All actions shall be taken promptly and without
10    delay.
11          (4)   Within 30 days following the issuance of an order
12    temporarily suspending a license, the board shall conduct or
13    cause to be conducted a preliminary hearing to determine if
14    there is a prima facie case supporting the suspension. The
15    individual whose license has been temporarily suspended may
16    be present at the preliminary hearing and may be represented
17    by counsel, cross-examine witnesses, inspect physical
18    evidence, call witnesses, offer evidence and testimony and
19    make a record of the proceedings.
20          (5)   If it is determined that there is not a prima facie
21    case, the suspended license shall be immediately restored.
22    The temporary suspension shall remain in effect until vacated
23    by the board, but in no event longer than 180 days.
24    (b)   Commitment of licensee.--
25          (1)   A license issued under this act shall automatically
26    be suspended upon:
27                (i)   the legal commitment of a licensee to an
28          institution because of mental incapacity from any cause
29          upon filing with the board a certified copy of the legal
30          commitment;

20250HB0098PN0621                    - 27 -
 1                (ii)    conviction of a felony under the act of April
 2          14, 1972 (P.L.233, No.64), known as The Controlled
 3          Substance, Drug, Device and Cosmetic Act; or
 4                (iii)   conviction of an offense under the laws of
 5          another jurisdiction, which, if committed in this
 6          Commonwealth, would be a felony under The Controlled
 7          Substance, Drug, Device and Cosmetic Act.
 8          (2)     Automatic suspension under this subsection may not
 9      be stayed pending an appeal of a conviction.
10          (3)     Restoration of the license shall be made as provided
11      in the case of revocation or suspension of a license.
12   Section 706.    Reinstatement of license.
13      Unless ordered to do so by Commonwealth Court or an appeal
14   therefrom, the board may not reinstate an individual's license
15   that has been revoked. An individual whose license has been
16   revoked may reapply for a license after a period of at least
17   five years but must meet all of the licensing requirements of
18   this act.
19   Section 707.    Surrender of suspended or revoked license.
20      An individual whose license has been suspended or revoked
21   shall return the license in such manner as the board directs.
22   Failure to surrender the license, shall be a misdemeanor of the
23   third degree.
24   Section 708.    Injunction.
25      When, in the judgment of the board, a person has engaged in
26   an act or practice that constitutes or will constitute a
27   violation of this act, the board or its agents may make
28   application to the appropriate court for an order enjoining the
29   act or practice. Upon a showing by the board that the person has
30   engaged or is about to engage in the act or practice, an

20250HB0098PN0621                     - 28 -
 1   injunction, restraining order or other order as may be
 2   appropriate shall be granted by the court. The remedy by
 3   injunction is in addition to any other civil or criminal
 4   prosecution and punishment.
 5   Section 709.    Subpoenas and oaths.
 6      (a)   Authority granted.--
 7            (1)   The board may issue subpoenas, upon application of
 8      an attorney responsible for representing the Commonwealth in
 9      disciplinary matters before the board, for the purpose of
10      investigating alleged violations of this act or regulation of
11      the board. The board may subpoena witnesses, administer
12      oaths, examine witnesses and take testimony or compel the
13      production of books, records, papers and documents as the
14      board may deem necessary or proper in and pertinent to any
15      proceeding, investigation or hearing held or had by the
16      board.
17            (2)   The board may apply to Commonwealth Court to enforce
18      any subpoena of the board.
19            (3)   The court may impose limitations in the scope of the
20      subpoena as is necessary to prevent unnecessary intrusion
21      into client confidential information.
22      (b)   Disciplinary matters.--An attorney authorized to
23   represent the Commonwealth in disciplinary matters before the
24   board shall maintain current records of all reported alleged
25   violations and shall periodically review the records for the
26   purpose of determining that each alleged violation has been
27   resolved in a timely manner.
28   Section 710.    Municipalities.
29      (a)   Municipal license prohibited.--
30            (1)   Licensure under this act shall be acceptable to a

20250HB0098PN0621                      - 29 -
 1      municipality in this Commonwealth as proof of competence to
 2      perform electrical services, and no municipality may require
 3      an individual licensed under this act to obtain an additional
 4      license to perform electrical services.
 5            (2)   Unless otherwise provided in this act, a local
 6      ordinance or regulation concerning the qualifications,
 7      fitness and competence of individuals to perform electrical
 8      services is preempted and superseded.
 9      (b)   Certain powers preserved.--Nothing in this act may be
10   construed to prevent a municipality from:
11            (1)   levying lawful taxes and fees;
12            (2)   requiring the purchase of a business privilege
13      license that is unrelated to demonstrating competence in the
14      performance of electrical services;
15            (3)   denying or revoking permits for failing to comply
16      with ordinances that are not inconsistent with this act or
17      regulation of the board;
18            (4)   enforcing ordinances related to health and safety;
19      or
20            (5)   pursuant to an ordinance, inspecting or regulating
21      the manner in which electrical services are performed.
22                                 CHAPTER 21
23                          MISCELLANEOUS PROVISIONS
24   Section 2101.    Appropriation.
25      The sum of $85,000, or as much thereof as may be necessary,
26   is appropriated from the Professional Licensure Augmentation
27   Account to the department for the payment of costs associated
28   with processing licenses and renewing licenses, for the
29   operation of the board and for other costs associated with this
30   act. The appropriation shall be repaid by the board within three

20250HB0098PN0621                      - 30 -
 1   years of the beginning of issuance of licenses by the board.
 2   Section 2102.   Regulations.
 3      Within 18 months of the effective date of this section, the
 4   board shall promulgate regulations to administer this act.
 5   Section 2103.   Effective date.
 6      This act shall take effect as follows:
 7          (1)   Sections 501, 505 and 702 shall take effect in two
 8      years.
 9          (2)   This section shall take effect immediately.
10          (3)   The remainder of this act shall take effect in 60
11      days.




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