Sen. Terry Link
Filed: 5/18/2004
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1 | AMENDMENT TO HOUSE BILL 1004
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2 | AMENDMENT NO. ____ . Amend House Bill 1004 by replacing | ||||||
3 | everything after
the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Electricians
Licensing
Act.
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6 | Section 5. Purpose and policy. It has been established by | ||||||
7 | 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 the | ||||||
13 | health of the public,
it is essential that electrical wiring be | ||||||
14 | installed by persons who have
proven their
skill in installing | ||||||
15 | electrical wiring.
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16 | Consistent with its duty to safeguard the health of the | ||||||
17 | people of this
State, the General Assembly declares that | ||||||
18 | individuals who plan,
inspect, install, alter, extend, repair, | ||||||
19 | and maintain electrical wiring
systems shall be individuals of | ||||||
20 | proven skill. Further, the General
Assembly declares that a | ||||||
21 | guide for minimum control of electrical materials
and | ||||||
22 | equipment, the design of electrical systems, and the | ||||||
23 | construction and
installation methods of electrical systems is | ||||||
24 | essential for the protection
of public health. In order to |
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1 | insure proper electrical wiring practice,
this Act provides for | ||||||
2 | the licensing of electricians and electrical
contractors and | ||||||
3 | for the adoption of the National Electrical Code as
standards | ||||||
4 | by the Department. This Act is therefore declared to be | ||||||
5 | essential
to the public interest. | ||||||
6 | Section 10. Definitions. As used in this Act: | ||||||
7 | "Approved apprenticeship program" means an apprenticeship | ||||||
8 | program approved by
the United States Department of Labor | ||||||
9 | Bureau of Apprenticeship and Training.
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10 | "Board" means the Illinois State Board of Electrical | ||||||
11 | Examiners.
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12 | "Department" means the Illinois Department of Labor.
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13 | "Director" means the Director of the Illinois Department of | ||||||
14 | Labor.
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15 | "Electrical contractor" means a person, firm, or | ||||||
16 | corporation operating a
business that undertakes or offers to | ||||||
17 | undertake to plan for, lay out,
supervise, or install or to | ||||||
18 | make additions, alterations, maintenance, or
repairs in the
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19 | installation of wiring, apparatus, and equipment for electric | ||||||
20 | light, heat, or
power with or without compensation and who is | ||||||
21 | licensed as an electrical
contractor by the Department of | ||||||
22 | Labor. An electrical contractor's license
does not of itself | ||||||
23 | qualify its holder to perform the electrical work
authorized by | ||||||
24 | holding any class of electrician's license.
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25 | "Electrical work" means the wiring, installation, | ||||||
26 | maintenance, and
repair of electrical wiring, apparatus, and | ||||||
27 | equipment and the
planning, laying out, and supervision of the | ||||||
28 | installation,
maintenance, and repair of such wiring, | ||||||
29 | apparatus, and equipment for
electric heat, light, or
power.
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30 | "Governmental unit" means the State, a school district, | ||||||
31 | community college district, or unit of local government as | ||||||
32 | defined in Article VII of the Illinois Constitution.
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33 | "Journeyman electrician" means a person having the |
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1 | necessary
qualifications, training, experience, and technical | ||||||
2 | knowledge to wire for,
install, maintain, and repair electrical | ||||||
3 | wiring, apparatus, and equipment for electric light, heat, or | ||||||
4 | power who
is
licensed as a journeyman electrician by the | ||||||
5 | Department of Labor.
| ||||||
6 | "Master electrician" means a person having the necessary | ||||||
7 | qualifications,
training, experience, and technical knowledge | ||||||
8 | to install, maintain, and repair
and to
properly plan, lay out, | ||||||
9 | and supervise the installation of wiring,
apparatus, and | ||||||
10 | equipment for electric light, heat, or power who is licensed as | ||||||
11 | a master electrician by the Department of Labor.
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12 | "Owner" means a natural person who physically performs | ||||||
13 | electrical work on
premises the person owns and actually | ||||||
14 | occupies as a
single family
residence or owns and
will occupy | ||||||
15 | as a single family residence upon completion of construction.
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16 | "Registered apprentice" means a person registered with the
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17 | Department of
Labor, who is learning the trade under
the | ||||||
18 | supervision of a
licensed electrician.
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19 | "Residential electrician" means a person having the | ||||||
20 | necessary
qualifications, training, experience, and technical | ||||||
21 | knowledge involving the
construction, wiring, alteration, | ||||||
22 | maintenance, or repair of a single-family
detached residential | ||||||
23 | dwelling or a multi-family dwelling not exceeding 8 units per | ||||||
24 | building and who is
licensed as a residential electrician by | ||||||
25 | the Department of Labor.
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26 | "Supervision" means that any new electrical work done by a | ||||||
27 | registered
apprentice electrician must be inspected at least | ||||||
28 | once after initial
rough-in and once upon completion by
an | ||||||
29 | Illinois licensed electrician. In addition, all renovation, | ||||||
30 | alteration,
repair, extension, modification, and maintenance | ||||||
31 | work done by a registered
apprentice electrician on an existing | ||||||
32 | electrical system must be approved by
an Illinois licensed | ||||||
33 | electrician. |
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1 | Section 15. Board of Electrical Examiners. There is created | ||||||
2 | the Illinois
State Board of Electrical
Examiners which shall | ||||||
3 | exercise its duties provided in this Act under the
supervision | ||||||
4 | of the Department of Labor. The Board shall consist of 11
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5 | members appointed by the Director of Labor. The Board shall be | ||||||
6 | composed of
3 licensed master electricians, 3 licensed | ||||||
7 | electrical contractors who are
members of the National | ||||||
8 | Electrical Contractors Association, one licensed
electrical | ||||||
9 | engineer, one electrical inspector who holds a master or | ||||||
10 | journeyman electrician's license, one representative of a | ||||||
11 | public utility, the
State Fire Marshal or his or her designee, | ||||||
12 | and a licensed real estate professional. In making the
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13 | appointments to the Board, the Director shall consider the | ||||||
14 | recommendations
of individuals, firms, or organizations | ||||||
15 | involved in electrical
wiring installation in this State. The | ||||||
16 | Director shall also take into
consideration the minority | ||||||
17 | representation in the population when making
appointments to | ||||||
18 | the Board.
Members of the Board shall serve 4 year terms
and | ||||||
19 | until their successors are appointed and qualified. The initial
| ||||||
20 | appointments, however, shall be as follows: 3 members for terms | ||||||
21 | of 2 years, 3
members for 3 years, and 4 members for 4 years. | ||||||
22 | The State Fire Marshal's
service on the Board shall be | ||||||
23 | continuous. For the initial appointments of the licensed | ||||||
24 | electrical contractors, licensed master electricians, and | ||||||
25 | electrical inspector prior to the Board developing the rules | ||||||
26 | for examination of license applicants, the Director may appoint | ||||||
27 | individuals whose qualifications are similar to those outlined | ||||||
28 | in subsection (a) of Section 25. Following the expiration of | ||||||
29 | those terms, the Director may reappoint those individuals or | ||||||
30 | others only if such individuals are licensed under this Act. | ||||||
31 | Board members shall
receive no compensation but shall be | ||||||
32 | reimbursed for expenses incurred in
connection with their | ||||||
33 | duties as Board members. |
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1 | Section 20. Powers and duties of the Director. The Director | ||||||
2 | shall take all
actions necessary under this Act to carry out | ||||||
3 | the duties and responsibilities
of the Department under this | ||||||
4 | Act. The Director, with the assistance of the
Board, shall:
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5 | (a) prepare and issue licenses and provide for | ||||||
6 | registration as provided in
this Act;
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7 | (b) prescribe rules and regulations for examination of | ||||||
8 | applicants for
master, journeyman, and residential | ||||||
9 | licenses;
| ||||||
10 | (c) prepare and give uniform
examinations to | ||||||
11 | applicants for master, journeyman, and
residential | ||||||
12 | licenses that shall test their knowledge and | ||||||
13 | qualifications
in the planning and design of electrical | ||||||
14 | systems, their knowledge,
qualifications, and manual | ||||||
15 | skills in electrical installations, and their
knowledge of | ||||||
16 | the National Electrical Code relating to materials, | ||||||
17 | design,
and installation of methods of electrical systems;
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18 | (d) issue electrical contractor and master, | ||||||
19 | journeyman, and residential
licenses and license renewals | ||||||
20 | to applicants who have met the requirements for
licensure | ||||||
21 | and complied with all the prerequisites to licensure;
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22 | (e) prescribe rules for hearings to deny, suspend, | ||||||
23 | revoke, or reinstate
licenses as provided in this Act;
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24 | (f) maintain a current record showing (i) the names and | ||||||
25 | addresses of
licensed electrical contractors, master, | ||||||
26 | journeyman, and residential
electricians, and registered
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27 | apprentices; (ii) the dates of issuance of licenses; (iii) | ||||||
28 | the date and
substance for the charges set forth in any | ||||||
29 | hearing for denial, suspension,
or revocation of any | ||||||
30 | license; (iv) the date and substance of the final order
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31 | issued upon a hearing; and (v) the date and substance of | ||||||
32 | all petitions
for reinstatement of license and final orders | ||||||
33 | on petitions;
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34 | (g) establish and collect fees for the examination, |
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1 | issuance, and renewal
of licenses;
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2 | (h) provide for the inspection of new electrical | ||||||
3 | installations in
construction, remodeling, replacement, | ||||||
4 | maintenance, and repair work, where
required by this Act;
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5 | (i) establish and collect fees for the handling and | ||||||
6 | inspection of new
electrical installations; and
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7 | (j) formulate and publish rules necessary or | ||||||
8 | appropriate to carrying out
the provisions of this Act.
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9 | Section 25. License and registration. | ||||||
10 | (a) Master electrician. On or after July 1, 2005, except as | ||||||
11 | otherwise provided by law, no person
shall plan, install, | ||||||
12 | repair, maintain, lay out, or supervise
the installation of
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13 | wiring, apparatus, or equipment for electrical light, heat, or | ||||||
14 | power unless:
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15 | (1) the person is licensed by the Department as a | ||||||
16 | master electrician; or
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17 | (2) the work is for a licensed electrical contractor | ||||||
18 | and the person is
the licensed electrical contractor or an | ||||||
19 | employee, partner, or officer of
the licensed electrical | ||||||
20 | contractor, or the work is performed for the person's
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21 | employer
on electrical equipment, apparatus, or facilities | ||||||
22 | owned or leased by the
employer that is located within the | ||||||
23 | limits of property owned or leased,
operated, and | ||||||
24 | maintained by the employer.
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25 | An applicant for a master electrician's license shall (i)
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26 | have a Bachelor of Science degree from an accredited electrical | ||||||
27 | engineering
program and have had at least one year's | ||||||
28 | job-related experience,
acceptable to the Board; (ii) have had
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29 | at least 5 years experience, acceptable to the Board, in | ||||||
30 | planning for,
laying out, supervising, and installing wiring, | ||||||
31 | apparatus, or equipment for
electrical light, heat, and power; | ||||||
32 | or (iii) have had at least 6 years
experience, acceptable to | ||||||
33 | the Board, with an electrical contracting company
in planning,
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1 | estimating,
laying out, and supervising, under the
supervision
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2 | of a licensed master electrician or licensed electrical | ||||||
3 | contractor, the installation of electrical work for
electric | ||||||
4 | light, heat, or power.
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5 | (b) Journeyman electrician. On or after July 1, 2005, | ||||||
6 | except as otherwise provided by law, no
person shall wire for, | ||||||
7 | install, maintain, or repair electrical wiring,
apparatus, or
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8 | equipment for electric light, heat, or power, unless the person | ||||||
9 | is licensed by the Department as a journeyman
electrician | ||||||
10 | employed by a licensed electrical contractor.
Nothing in this | ||||||
11 | subsection (b), however, shall prohibit a master
electrician | ||||||
12 | from performing the work of a journeyman electrician.
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13 | An applicant for a journeyman electrician's license shall | ||||||
14 | have had at
least 5 years of experience, acceptable to the | ||||||
15 | Board, in wiring for,
installing, and repairing electrical | ||||||
16 | wiring, apparatus, or equipment.
The Department may by rule | ||||||
17 | provide
for the allowance of one year of experience credit for | ||||||
18 | successful
completion of a 2 year post high school electrical | ||||||
19 | course approved by
the Board.
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20 | (c) Registered apprentice. On or after July 1, 2005, a | ||||||
21 | person who is enrolled in an approved
apprenticeship program | ||||||
22 | may perform electrical work only under the
supervision of a | ||||||
23 | licensed electrician. All apprentices shall be registered with
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24 | the Department.
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25 | (d) Residential electrician. On or after July 1, 2005, | ||||||
26 | except as otherwise provided by law, no
person shall construct, | ||||||
27 | wire, alter, maintain, or repair a single-family
detached | ||||||
28 | residential dwelling or multi-family dwelling not exceeding 8 | ||||||
29 | units per building unless the person is licensed by the
| ||||||
30 | Department as a residential electrician employed by a licensed | ||||||
31 | electrical
contractor. Nothing in this subsection (d), | ||||||
32 | however, shall prohibit a
master electrician or journeyman | ||||||
33 | electrician from performing the work of a
residential | ||||||
34 | electrician.
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1 | An applicant for a residential electrician's license shall | ||||||
2 | have had at
least 4 years of experience, acceptable to the | ||||||
3 | Board, in having the
necessary qualifications, training, and | ||||||
4 | technical knowledge involving the
construction, wiring, | ||||||
5 | alteration, or repair of a single-family detached residential | ||||||
6 | dwelling or multi-family dwelling. The Department may by rule | ||||||
7 | provide
for the
allowance of one year of experience credit for | ||||||
8 | successful completion of a 2
year post high school electrical | ||||||
9 | course approved by the Board.
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10 | (e) Contractors. On or after July 1, 2005, except as | ||||||
11 | otherwise provided by law, no person other
than an employee of | ||||||
12 | a licensed electrical contractor as defined
in this Act
shall | ||||||
13 | undertake or offer to undertake to plan for, lay out,
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14 | supervise, or install or to make additions,
alterations,
or | ||||||
15 | repairs in the installation of, or to maintain, wiring | ||||||
16 | apparatus and
equipment for
electrical light, heat, or power | ||||||
17 | with or without compensation unless the
person obtains an | ||||||
18 | electrical contractor's license. An electrical
contractor's | ||||||
19 | license shall be
issued by the Department upon the contractor's | ||||||
20 | giving bond to the State in
an amount to be determined by the | ||||||
21 | Department.
The bond shall be
filed with the Department and | ||||||
22 | shall be in lieu of all other license bonds
to any political | ||||||
23 | subdivision. The bond shall be written by a corporate
surety | ||||||
24 | licensed to do business in the State of Illinois.
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25 | Each licensed electrical contractor shall have and | ||||||
26 | maintain in effect
insurance. Specific insurance requirements | ||||||
27 | and minimum limits per occurrence
shall be determined by the | ||||||
28 | Department in consultation with the Board.
The insurance shall | ||||||
29 | be written by an insurer licensed to do business in the
State | ||||||
30 | of Illinois and each licensed electrical contractor shall | ||||||
31 | maintain on
file with the Department a certificate evidencing | ||||||
32 | insurance that provides
that the insurance shall not be | ||||||
33 | cancelled without the insurer first giving
15 days written | ||||||
34 | notice to the Department of the cancellation.
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1 | On or after July 1, 2005, no contractor shall engage in the | ||||||
2 | business of electrical contracting unless he or she is or has | ||||||
3 | in his or
her employ
a licensed master electrician, who shall | ||||||
4 | be responsible for the performance
of all electrical work in | ||||||
5 | accordance with the requirements of this Act.
The application | ||||||
6 | for an
electrical contractor's license must include a verified | ||||||
7 | statement that the
designated responsible master electrician | ||||||
8 | is a full time employee of the
individual, partnership, or | ||||||
9 | corporation applying for an electrical
contractor's license. | ||||||
10 | For purposes of this Section, a full time
employee of a | ||||||
11 | licensed electrical contractor is an individual who is not
| ||||||
12 | employed in any capacity as a licensed electrician by any other | ||||||
13 | electrical
contractor.
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14 | (f) The Department shall prepare guidelines as to what work | ||||||
15 | experience
qualifies in determining whether an applicant meets | ||||||
16 | the requirements for
licensure under the Act. The Board has | ||||||
17 | discretion in determining whether any
particular applicant's | ||||||
18 | experience shall count toward the experience necessary
for | ||||||
19 | licensure under this Act.
| ||||||
20 | Section 30. Examination. In addition to other requirements | ||||||
21 | imposed by
this Act and except as otherwise provided in this | ||||||
22 | Act, as a precondition to
issuance of an electrician's license, | ||||||
23 | each applicant must pass a written
examination given by the | ||||||
24 | Department for the type of license sought to
insure the | ||||||
25 | competence of each applicant for license. No person failing an
| ||||||
26 | examination may retake it for 6 months, but may, within 6 | ||||||
27 | months, take an
examination for a lesser grade of license. Any | ||||||
28 | licensee failing to renew
his or her license for 2 years or | ||||||
29 | more after its expiration shall be required
to
retake the | ||||||
30 | examination before he or she is issued a new license. As a | ||||||
31 | condition of renewal, the Department shall require each | ||||||
32 | licensee to complete a
minimum number of hours of continuing | ||||||
33 | education. The continuing education shall not exceed 16 hours |
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1 | of classroom instruction during a 24-month period. The | ||||||
2 | Department shall establish by rule the curricula for the | ||||||
3 | continuing education requirement. A licensee shall provide to | ||||||
4 | the Department evidence of completing the continuing education | ||||||
5 | requirement. The Department shall approve any continuing | ||||||
6 | education programs and by rule any means for verification of | ||||||
7 | the continuing education requirement. | ||||||
8 | Section 35. Military exemption. The Department shall
| ||||||
9 | reinstate a license that
expires while a licensee is in active | ||||||
10 | Military Service
of the United States
upon application to the | ||||||
11 | Department by the licensee within 2 years
after termination of | ||||||
12 | the military service, payment of
the annual license
fee, and | ||||||
13 | submission of evidence of the military service.
The license
| ||||||
14 | shall be reinstated without examination and without payment of | ||||||
15 | the lapsed
renewal fee. | ||||||
16 | Section 40. Expiration of license; fees. | ||||||
17 | (a)
All licenses issued under this Act shall expire
every 2 | ||||||
18 | years in a manner as provided by the Department. Application, | ||||||
19 | renewal, and
all other fees provided for in this Act shall be | ||||||
20 | established by the Department
by rule.
| ||||||
21 | (b) All fees and fines collected under this Act shall be | ||||||
22 | deposited into the Electricians Licensing Dedicated Fund, | ||||||
23 | which is hereby created as a special fund the State treasury. | ||||||
24 | The Department and Board may utilize moneys in this fund for | ||||||
25 | the administration of this Act.
| ||||||
26 | Section 45. Grounds for discipline. The Department
may
by | ||||||
27 | order deny, suspend, revoke, or refuse to renew a license, or | ||||||
28 | may
censure a licensee if it finds that it is in the public | ||||||
29 | interest to do so
and that the applicant or licensee:
| ||||||
30 | |||||||
31 | (a) has filed an application for a license that
contains |
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1 | any statement that, in light of the
circumstances under which | ||||||
2 | it is made, is false or misleading with respect
to any material | ||||||
3 | fact;
| ||||||
4 | (b) has engaged in any fraudulent, deceptive, or dishonest | ||||||
5 | practice;
| ||||||
6 | (c) has been convicted within the past 5 years of a | ||||||
7 | misdemeanor
involving a violation of this Act; or
| ||||||
8 | (d) has violated or failed to comply with this Act or its | ||||||
9 | rules
or any order issued under this Act. A violation need not | ||||||
10 | be willful.
| ||||||
11 | The Department may adopt rules further specifying the | ||||||
12 | grounds for suspension,
revocation, and refusal to renew a | ||||||
13 | license and establishing standards of
conduct for licensees. | ||||||
14 | Section 50. Hearing procedure. | ||||||
15 | (a) The Board, may upon its own motion,
investigate the
| ||||||
16 | actions of any person holding or claiming to hold a license if | ||||||
17 | there is reason
to believe such person has engaged or is | ||||||
18 | engaging in activity that constitutes
grounds for discipline | ||||||
19 | under Section 45 of this Act.
| ||||||
20 | (b) The Board shall, at least 10 days prior to the date set | ||||||
21 | for the hearing
and before refusing to issue or renew, suspend, | ||||||
22 | or revoke any
license,
notify the
applicant
or holder of the | ||||||
23 | license, in writing, of any charges made, and shall afford him
| ||||||
24 | or her an
opportunity to be heard in person or by counsel.
The | ||||||
25 | notice
may be served by personal delivery to the accused person | ||||||
26 | or
by registered mail to the last place of business specified | ||||||
27 | by the
accused person in the notification to the Agency.
| ||||||
28 | (c) At the time and place fixed in the notice, the Board | ||||||
29 | shall proceed to
the hearing of the charges and both the | ||||||
30 | accused person and the complainant
shall be accorded ample | ||||||
31 | opportunity to present, in person or by counsel, any
statement, | ||||||
32 | testimony, evidence, or argument that may be pertinent to the
| ||||||
33 | charges
or to any defense against the charges. The Board may |
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| |||||||
1 | continue the hearing from
time to
time. If the Board is not | ||||||
2 | sitting at the time and place to which the hearing
has
been | ||||||
3 | continued, the Department may continue the hearing for a period | ||||||
4 | not to
exceed 30 days, and all parties in interest shall be | ||||||
5 | given notice in writing
of the
date and hour to which the | ||||||
6 | hearing has been continued and the place at which
it
is to be | ||||||
7 | held. | ||||||
8 | Section 55. Nonpayment of taxes. The Department may refuse | ||||||
9 | to issue or may
suspend the license of any person
who fails (i) | ||||||
10 | to file a federal or State tax return, (ii) to pay the tax,
| ||||||
11 | penalty, or interest shown
in
a filed return, or (iii) to pay | ||||||
12 | any final assessment of tax, penalty, or
interest,
as required | ||||||
13 | by any tax Act administered by the Illinois Department of
| ||||||
14 | Revenue, until the time the requirements of the tax Act are | ||||||
15 | satisfied. | ||||||
16 | Section 60. Continuation of business by estates. Upon the | ||||||
17 | death of a
master electrician who is an electrical contractor, | ||||||
18 | the Department may
permit the decedent's representative to
| ||||||
19 | carry on the business of the decedent for a period not in | ||||||
20 | excess of one year,
for the purpose of completing work under | ||||||
21 | contract or otherwise to
comply with this Act. The decedent's | ||||||
22 | representative may petition the Board
for an extension of the | ||||||
23 | one-year period in the event he or she can demonstrate
undue | ||||||
24 | hardship or other special circumstances. The extension may be | ||||||
25 | granted at
the recommendation of the Board, subject to | ||||||
26 | Department approval. The
representative shall give any bond as | ||||||
27 | the
Department may require conditioned upon the faithful and | ||||||
28 | lawful performance
of the work. The bond shall be for the | ||||||
29 | benefit of persons injured or
suffering financial loss by | ||||||
30 | reason of failure of performance. The
bond shall be written by | ||||||
31 | a corporate surety licensed to do business in the
State of | ||||||
32 | Illinois. The decedent's representative shall also comply with |
| |||||||
| |||||||
1 | all
public
liability and property damage insurance | ||||||
2 | requirements imposed by this
Act upon a licensed electrical | ||||||
3 | contractor.
| ||||||
4 | Section 65. Reciprocity. The Department
may grant a | ||||||
5 | license, without examination, of the same grade and class to an
| ||||||
6 | electrician who has been licensed by any other state that | ||||||
7 | provides for the
licensing of electricians in a similar manner. | ||||||
8 | The license may be granted for
at least 2 years, upon payment | ||||||
9 | by the applicant of the required fee and upon the
Department | ||||||
10 | being furnished with proof that the qualifications of the
| ||||||
11 | applicant are equal to the qualifications of Section 25 of this | ||||||
12 | Act. | ||||||
13 | Section 70. Exemptions. | ||||||
14 | (a) Employees of, or independent contractors performing | ||||||
15 | work for, any
electric utility or electric utility affiliate, | ||||||
16 | independent electric power generator, public utility as | ||||||
17 | defined in Section 3-105 of the Public Utilities Act, | ||||||
18 | generating station or generating unit of an electric utility as | ||||||
19 | described in Section 16-102 of the Public Utilities Act, | ||||||
20 | communications or railway
utility, electric system owned and
| ||||||
21 | operated by a municipal corporation or governmental unit | ||||||
22 | (notwithstanding any other provision of this Act), electric | ||||||
23 | cooperative as
defined in Section 3.4 of the Electric Supplier | ||||||
24 | Act, telephone or
telecommunications cooperative as defined in | ||||||
25 | Section 13-212 of the Public
Utilities Act, or a | ||||||
26 | telecommunications carrier as defined in Section 13-202 of the | ||||||
27 | Public Utilities Act or its affiliate or co-generation | ||||||
28 | facilities shall not be required to hold a license
while | ||||||
29 | performing work on installations, materials, or equipment
that | ||||||
30 | are owned or leased, operated, serviced, or maintained by the | ||||||
31 | electric utility or
electric utility affiliate, independent | ||||||
32 | electric power generator, public utility, generating station |
| |||||||
| |||||||
1 | or generating unit of an electric utility, communications or | ||||||
2 | railway utility, electric system
owned and operated by a | ||||||
3 | municipal corporation or governmental unit,
electric | ||||||
4 | cooperative, telephone or telecommunications cooperative, or | ||||||
5 | telecommunications carrier or its affiliate or co-generation | ||||||
6 | facilities in the exercise of its utility or telephone | ||||||
7 | function, and that (i) are used
exclusively for the generation, | ||||||
8 | transformation,
distribution, transmission, or metering of | ||||||
9 | electric current, or the
operation of railway signals, traffic | ||||||
10 | signals, or street lights, or the transmission of intelligence | ||||||
11 | and do
not have as a principal function the consumption or use | ||||||
12 | of electric current
by or for the benefit of any person other | ||||||
13 | than the
electric utility or electric utility affiliate, | ||||||
14 | independent electric power generator, public utility, | ||||||
15 | generating station or generating unit of an electric utility, | ||||||
16 | communications or railway
utility, electric system owned and | ||||||
17 | operated by a municipal corporation or
governmental unit, | ||||||
18 | electric, telephone, or telecommunications
cooperative, or | ||||||
19 | telecommunications carrier or its affiliate or their end users | ||||||
20 | and (ii) are generally accessible only to employees of the
| ||||||
21 | electric utility or electric utility affiliate, independent | ||||||
22 | electric power generator, public utility, generating station | ||||||
23 | or generating unit of an electric utility, communications or | ||||||
24 | railway
utility, electric system owned and operated by a | ||||||
25 | municipal corporation or
governmental unit, electric, | ||||||
26 | telephone, or telecommunications
cooperative, or | ||||||
27 | telecommunications carrier or its affiliate or persons acting | ||||||
28 | under its control or
direction. Persons performing work | ||||||
29 | subcontracted out to an electrical contractor or other | ||||||
30 | contractors, however, shall be in compliance with the licensure
| ||||||
31 | requirements of this Act.
| ||||||
32 | (b) Contractors employing pipefitters, sprinkler fitters, | ||||||
33 | licensed plumbers, or sheet metal workers performing | ||||||
34 | modification, service, maintenance, retro fit, or warranty |
| |||||||
| |||||||
1 | work in plumbing, heating, sprinkler fitting, irrigation, | ||||||
2 | ventilation, air conditioning, refrigeration (HVACR) systems, | ||||||
3 | instrumentation, control work, or stress relieving is exempt | ||||||
4 | from this Act. For the installation or replacement of equipment | ||||||
5 | in the HVACR industry, modifications to the external power | ||||||
6 | wiring to the equipment is exempt. The installation of wiring | ||||||
7 | for irrigation when being installed by a registered or licensed | ||||||
8 | irrigation worker shall be exempt from this Act. Persons | ||||||
9 | performing work subcontracted out to an electrical contractor | ||||||
10 | or other contractors, however, shall be in compliance with the | ||||||
11 | licensure requirements of this Act. | ||||||
12 | (c) Employees of contractors performing construction or | ||||||
13 | maintenance work on any transmission or distribution lines | ||||||
14 | owned, leased, operated and maintained by the utilities | ||||||
15 | described in subsection (a) shall be exempt from the provisions | ||||||
16 | and licensing requirements of this Act, and employees of | ||||||
17 | contractors performing construction or maintenance work on any | ||||||
18 | transmission lines owned, leased, operated, and maintained by | ||||||
19 | an independent transmission company, system, or entity | ||||||
20 | approved by the Federal Energy Regulatory Commission and the | ||||||
21 | Illinois Commerce Commission shall be exempt from this Act. | ||||||
22 | (d) Employees of contractors performing construction or | ||||||
23 | maintenance work on highway lighting or street lighting owned, | ||||||
24 | leased, operated, and maintained by governmental units and | ||||||
25 | their departments and political subdivisions shall be exempt | ||||||
26 | from this Act. | ||||||
27 | (e) Employees of contractors performing construction or | ||||||
28 | maintenance work on traffic signals owned, leased, operated, | ||||||
29 | and maintained by a governmental unit and its departments and | ||||||
30 | political subdivisions shall be exempt from this Act, provided | ||||||
31 | that these employees are Traffic Signal Level II certified | ||||||
32 | under the International Municipal Sign Association (IMSA). | ||||||
33 | (f) An owner shall not be required to hold a license under
| ||||||
34 | this Act. Nevertheless, electrical work performed by an owner |
| |||||||
| |||||||
1 | shall comply
with the minimum standards contained in the | ||||||
2 | National Electrical Code and shall
be subject to inspection by | ||||||
3 | the Department. An owner shall not employ
anyone other than an | ||||||
4 | electrician licensed under this Act to assist him or her.
| ||||||
5 | (g) Any city, village, or incorporated town having a | ||||||
6 | population of
500,000 or more may, by an ordinance containing | ||||||
7 | provisions substantially
the same as those in this Act and | ||||||
8 | specifying educational or experience
requirements equivalent | ||||||
9 | to those prescribed in the Act, provide for a board
of | ||||||
10 | electrical examiners to conduct examinations for, and to issue,
| ||||||
11 | suspend, or revoke, electricians' licenses within the city, | ||||||
12 | village, or
incorporated town. Upon the enactment of such an | ||||||
13 | ordinance, the provisions of
this Act shall not apply within | ||||||
14 | that municipality except as otherwise
provided in this Act. Any | ||||||
15 | person
licensed as an electrician under the local ordinance, or | ||||||
16 | licensed by the
Department under this Act, shall meet the | ||||||
17 | requirements to perform electrical work anywhere in this State.
| ||||||
18 | (h) Nothing in this Act shall be construed to prevent an | ||||||
19 | owner or operator
of a farm or his or her employees from | ||||||
20 | installing, making additions to,
altering, maintaining, or
| ||||||
21 | repairing wiring, apparatus, or equipment for electric light, | ||||||
22 | heat, or power on
the farm that he or she owns or operates. For | ||||||
23 | purposes of this subsection,
"farm" means land or a building | ||||||
24 | appurtenant to land that is used for an
agricultural purpose or | ||||||
25 | for a purpose accessory to an agriculture purpose.
| ||||||
26 | (i) Employees of a manufacturing corporation
that engage in | ||||||
27 | activities normally requiring licensure under this Act shall be
| ||||||
28 | exempt when such activities are pursuant to the operation or | ||||||
29 | maintenance of
its existing business and facilities. Persons | ||||||
30 | performing work subcontracted out to an electrical contractor | ||||||
31 | or other contractor, however, shall be in compliance with the | ||||||
32 | licensure requirements of this Act.
| ||||||
33 | (j) The minor repair of existing electrical systems does | ||||||
34 | not require
licensure under this Act. For the purposes of this |
| |||||||
| |||||||
1 | subsection, "minor repair"
means repairs to existing | ||||||
2 | electrical systems that do not require a permit to be
issued | ||||||
3 | under any local ordinance. | ||||||
4 | (k) The provisions of this Act shall not apply to the | ||||||
5 | installation, replacement, service, or repair of household | ||||||
6 | products, including but not limited to audio and video | ||||||
7 | equipment, appliances, fans, garbage disposals, and garage | ||||||
8 | door openers by a business entity that may be engaged in the | ||||||
9 | retail sale of consumer products.
| ||||||
10 | (l) Any person, firm, or company licensed under and | ||||||
11 | performing work in accordance with the Elevator Safety and | ||||||
12 | Regulation Act shall be exempt from this Act. | ||||||
13 | (m) Employees of a governmental unit that engage in | ||||||
14 | activities normally requiring licensure under this Act are | ||||||
15 | exempt when such activities are incidental to the operation or | ||||||
16 | maintenance of its existing facilities. Unless otherwise | ||||||
17 | specified in this Act, a governmental unit that is involved in | ||||||
18 | new construction that results in the expansion of its | ||||||
19 | facilities must utilize licensed electricians for any | ||||||
20 | associated electrical work. | ||||||
21 | (n) Electrical engineers licensed under the Professional | ||||||
22 | Engineering Practice Act of 1989 practicing in accordance with | ||||||
23 | that Act shall be exempt from this Act. | ||||||
24 | (o) Architects licensed under the Illinois Architecture | ||||||
25 | Practice Act of 1989 practicing in accordance with that Act | ||||||
26 | shall be exempt from this Act.
| ||||||
27 | (p) Any person, firm, corporation, or other legal entity | ||||||
28 | laying out, installing, maintaining, or repairing alarm, | ||||||
29 | security, or communication systems and practicing in | ||||||
30 | accordance with the Private Detective, Private Alarm, Private | ||||||
31 | Security, and Locksmith Act of 2004 shall be exempt from this | ||||||
32 | Act.
| ||||||
33 | Section 80. Display of license. Persons who advertise |
| |||||||
| |||||||
1 | electrical wiring
services shall, at their place of business, | ||||||
2 | display the master
electrician's license of at least one member | ||||||
3 | of the firm, partnership or
officer of the corporation and | ||||||
4 | shall maintain a register listing the names
and license numbers | ||||||
5 | of all licensed electricians and all registered
apprentices | ||||||
6 | currently employed by them. When advertising electrical wiring
| ||||||
7 | services, the license number shall be included in all forms of | ||||||
8 | written or
printed advertising and included with the electrical | ||||||
9 | wiring identification
of vehicles. The Department may, by rule | ||||||
10 | or regulation, require additional
information concerning | ||||||
11 | licensed electricians and
registered apprentices to be | ||||||
12 | maintained in the register. | ||||||
13 | Section 85. Safety standards. All electrical wiring, | ||||||
14 | apparatus, and
equipment for
electric light, heat, or power | ||||||
15 | shall comply with all applicable rules
of the Department of | ||||||
16 | Labor and shall be installed in conformity
with accepted | ||||||
17 | standards of construction for safety to life and property.
For | ||||||
18 | the purposes of this Act, the regulations and safety standards | ||||||
19 | stated
at the time the work is designed in the then most | ||||||
20 | recently published edition of
the National Electrical Code as | ||||||
21 | adopted by the National Fire Protection
Association, Inc. and | ||||||
22 | approved by the American National Standards
Institute, and the | ||||||
23 | National Electrical Safety Code as published by the
Institute | ||||||
24 | of Electrical and Electronics Engineers, Inc. and approved by | ||||||
25 | the
American National Standards Institute, shall be prima facie | ||||||
26 | evidence of
accepted standards of construction for safety to | ||||||
27 | life and property. | ||||||
28 | Nothing in this Act shall prohibit any political | ||||||
29 | subdivision from making and enforcing more stringent | ||||||
30 | requirements than those set forth in this Act and all licensed | ||||||
31 | electricians working within the jurisdiction of that political | ||||||
32 | subdivision shall comply with those requirements. Nothing in | ||||||
33 | this Act, however, shall be construed to give a political |
| |||||||
| |||||||
1 | subdivision the authority to apply its standards or | ||||||
2 | requirements to electrical work performed on a farm. For the | ||||||
3 | purposes of this Section, "farm" means land or a building | ||||||
4 | appurtenant to land that is used for an agricultural purpose or | ||||||
5 | for a purpose accessory to an agricultural purpose. | ||||||
6 | Section 90. Inspections. | ||||||
7 | (a) Except where any political subdivision has by
ordinance | ||||||
8 | provided for electrical inspection similar to that provided in
| ||||||
9 | this Act, every new electrical installation on and after July | ||||||
10 | 1, 2005 in any construction,
remodeling, replacement, or repair | ||||||
11 | shall be inspected by the Department
for compliance with | ||||||
12 | accepted standards of construction for safety to life and
| ||||||
13 | property.
| ||||||
14 | (b) No such inspections shall be required for electrical | ||||||
15 | work performed by
persons exempt from licensure under Section | ||||||
16 | 70 of this Act, except that
inspections shall be required for | ||||||
17 | work performed under subsection (f) of
Section 70.
| ||||||
18 | (c) All inspectors for the Department shall hold licenses | ||||||
19 | as master or
journeyman electricians under this Act, except | ||||||
20 | that in areas of this State
where a sufficient number of master | ||||||
21 | or journeyman electricians are not
available to the Department | ||||||
22 | to perform inspections under this Act, the
Department may | ||||||
23 | designate other persons whom it determines to be suitably
| ||||||
24 | qualified by training or experience. | ||||||
25 | Section 95. Procedures for inspection. | ||||||
26 | (a) At or before commencement of any installation required
| ||||||
27 | to be
inspected by the Department, the electrical contractor or | ||||||
28 | owner making the
installation shall submit to the Department a | ||||||
29 | request for inspection, in a
form prescribed by the Department, | ||||||
30 | together with the fees required for the
installation.
| ||||||
31 | (b) The fees required are a handling fee and an inspection | ||||||
32 | fee. The
handling fee shall be set by the Department in an |
| |||||||
| |||||||
1 | amount sufficient to pay
the cost of bringing and handling the | ||||||
2 | form requesting an inspection. The
inspection fee shall be set | ||||||
3 | by the Department in an amount sufficient to
pay the actual | ||||||
4 | costs of the inspection and the Department's costs in
| ||||||
5 | administering the inspection.
| ||||||
6 | (c) If the inspector finds that the installation is not in | ||||||
7 | compliance
with accepted standards of construction for safety | ||||||
8 | to life and property as
required by this Act, the inspector | ||||||
9 | shall, by written order, condemn the
installation or the | ||||||
10 | noncomplying portion of the installation, or order service
to | ||||||
11 | the
installation disconnected, and shall send a copy of the | ||||||
12 | order to the
Department. If the installation or the | ||||||
13 | noncomplying part will seriously
and proximately endanger | ||||||
14 | human life and property, the order of the
inspector, when | ||||||
15 | approved by the inspector's superior, shall require
immediate | ||||||
16 | condemnation or disconnection. In all other cases, the order of
| ||||||
17 | the inspector shall permit a reasonable opportunity for the | ||||||
18 | installation to
be brought into compliance with accepted | ||||||
19 | standards of construction for
safety to life and property prior | ||||||
20 | to the effective time established for
condemnation or | ||||||
21 | disconnection.
| ||||||
22 | (d) Copies of each condemnation or disconnection order | ||||||
23 | shall be served
personally or by mail upon the property owner, | ||||||
24 | the electrical
contractor or electrician making the | ||||||
25 | installation, and other persons as the
Department by rule may | ||||||
26 | direct. An aggrieved party may appeal
any condemnation or | ||||||
27 | disconnection order by filing with the Department a
notice of | ||||||
28 | appeal within 10 days after (i) service upon the aggrieved | ||||||
29 | party
of the condemnation or disconnection order, if this | ||||||
30 | service is required or
(ii) filing of the order with the | ||||||
31 | Department, whichever is later.
The Department shall adopt | ||||||
32 | rules providing procedures for the conduct of
appeals, | ||||||
33 | including provisions for the stay of enforcement of the order | ||||||
34 | of
the inspector pending an appeal when justified by the |
| |||||||
| |||||||
1 | circumstances.
| ||||||
2 | (e) The inspectors of the Department shall have the | ||||||
3 | authority to enter
any building or premises at any reasonable | ||||||
4 | hour in the discharge of their
duties, and they shall have the | ||||||
5 | authority, when necessary, to order the
removal of any existing | ||||||
6 | obstructions such as laths, plastering, boarding,
or | ||||||
7 | partitions that may prevent a proper inspection of the | ||||||
8 | electrical
installation.
| ||||||
9 | (f) No electrical installation subject to
inspection by the | ||||||
10 | Department shall be newly connected or reconnected for
use | ||||||
11 | until there is filed, with the electrical utility supplying | ||||||
12 | power, a
certificate of the property owner or licensed | ||||||
13 | electrician directing the
work that inspection has been | ||||||
14 | requested and that the conditions of the
installation are safe | ||||||
15 | for energization. In all cases
where an order of condemnation | ||||||
16 | or disconnection has been issued against the
installation or | ||||||
17 | any part of the installation, prior to connection or
| ||||||
18 | reconnection, there shall also first be filed with the | ||||||
19 | electrical utility
supplying the power a
copy of an order of | ||||||
20 | the inspector or the Department dismissing the prior
order of | ||||||
21 | condemnation or disconnection or approving the installation as
| ||||||
22 | being in compliance with accepted standards of construction for | ||||||
23 | safety to
life and property. With respect to transient | ||||||
24 | projects, this
certificate shall also contain a certification | ||||||
25 | that the request for
inspection has been or will be filed with | ||||||
26 | the Department so as to be
received by it at least 5 days prior | ||||||
27 | to the date and time energization
of the installation by the | ||||||
28 | utility is to occur, and that the request for
inspection states | ||||||
29 | the date and time. It shall be the responsibility of
the | ||||||
30 | Department to have inspection of the transient project occur | ||||||
31 | prior to
the date and time at which the request states | ||||||
32 | energization is to occur.
| ||||||
33 | (g) Any political subdivision may make
provision for | ||||||
34 | inspection of electrical installations within its
|
| |||||||
| |||||||
1 | jurisdiction, in which case it shall keep on file with the | ||||||
2 | Department
copies of its current inspection ordinances and | ||||||
3 | codes. Any political
subdivision may require any individual, | ||||||
4 | partnership, corporation, or other
business association | ||||||
5 | holding a license from the Department
to pay any license, | ||||||
6 | registration fee, or permit fees.
Any political subdivision may | ||||||
7 | provide by ordinance a
requirement that each individual, | ||||||
8 | partnership, corporation, or other
business association doing | ||||||
9 | electrical work within the jurisdiction of the
political | ||||||
10 | subdivision have on file with the political subdivision a copy
| ||||||
11 | of the current license issued by the Department or other | ||||||
12 | evidence of
the license as may be provided by the Department. | ||||||
13 | Each electrical
inspector of any political subdivision shall | ||||||
14 | hold a license as a master or journeyman electrician under this | ||||||
15 | Act. An electrical inspector employed by a political | ||||||
16 | subdivision and engaged in the regulation and inspection of | ||||||
17 | electrical wiring activities regulated under this Act on July | ||||||
18 | 1, 2005 shall be permitted to conduct electrical inspections | ||||||
19 | for 2 years from the application date. Thereafter, the | ||||||
20 | inspector must meet all of the requirements of this Act. | ||||||
21 | Section 100. Violations. | ||||||
22 | (a) Any person violating any provision of this Act or its | ||||||
23 | rules
shall be guilty of a Class B misdemeanor
and fined a | ||||||
24 | minimum of $100 for the first offense. A second or
subsequent | ||||||
25 | violation of this Act shall be a Class A misdemeanor
with a | ||||||
26 | minimum fine of $200. Each day a violation continues | ||||||
27 | constitutes a
separate
offense. The State's Attorney of the | ||||||
28 | County in which the violation occurred
or the Attorney General | ||||||
29 | may prosecute these actions in the name of the People
of the | ||||||
30 | State of Illinois. The court may enjoin the use of electricity
| ||||||
31 | installed in violation of this Act or its rules
until it has | ||||||
32 | been corrected to comply with the National Electrical Code.
| ||||||
33 | (b) If it is established that the defendant, contrary to |
| |||||||
| |||||||
1 | this Act, has
been engaging, is engaging, or is about to engage | ||||||
2 | in electrical work without
having been
issued a license, or has | ||||||
3 | been engaging or is about to engage in electrical work
after
| ||||||
4 | his or her license has been suspended or revoked or after his | ||||||
5 | or her license
has not been
renewed, the Department may levy a | ||||||
6 | penalty not to exceed $5,000 per offense.
This penalty shall be | ||||||
7 | assessed by the Department after a hearing is held in
| ||||||
8 | accordance with the provisions set forth in Section 50 of this | ||||||
9 | Act. | ||||||
10 | Section 105. Electricians practicing before this Act. | ||||||
11 | Electrical
contractors who are in business on the effective | ||||||
12 | date of this Act
and who file a license application with the | ||||||
13 | Department on or before July 1, 2005 shall be granted a license | ||||||
14 | without examination, which
shall be valid for 2 years from the
| ||||||
15 | date of issuance. Thereafter, electrical contractors shall | ||||||
16 | comply with all of
the requirements of this Act. These licenses | ||||||
17 | shall be subject to renewal
as
provided in this Act. The | ||||||
18 | Department may by rule require the licensee to take an | ||||||
19 | examination for renewal. Any licensee failing to renew his or | ||||||
20 | her license for 2 years or more after its expiration shall be | ||||||
21 | required to retake the examination before he or she is issued a | ||||||
22 | new license. | ||||||
23 | Persons who have a minimum of 5 years experience in | ||||||
24 | performing electrical
work as
defined in this Act on
the | ||||||
25 | effective date of this Act
and who file a license
application | ||||||
26 | with the Department on or before July 1, 2005
shall be granted | ||||||
27 | a license without examination, which shall be valid for 2
years | ||||||
28 | from the
date of issuance. The category of initial licensure | ||||||
29 | shall be determined by the
Department. These licenses shall be | ||||||
30 | subject to renewal as
provided in this Act. The Department may | ||||||
31 | by rule require the licensee to take an examination for | ||||||
32 | renewal. Any licensee failing to renew his or her license for 2 | ||||||
33 | years or more after its expiration shall be required to retake |
| |||||||
| |||||||
1 | the examination before he or she is issued a new license. | ||||||
2 | Section 110. Administrative Procedure Act; application. | ||||||
3 | The provisions of the Illinois Administrative Procedure Act
are | ||||||
4 | expressly adopted and shall apply to all
administrative rules | ||||||
5 | and procedures of the Department of Labor under this
Act, | ||||||
6 | except that Section 5 of the Illinois Administrative Procedure | ||||||
7 | Act
relating to procedures for rulemaking does not apply to the | ||||||
8 | adoption of
any rule required by federal law in connection with | ||||||
9 | which the Department is
precluded by law from exercising any | ||||||
10 | discretion. | ||||||
11 | Section 115. Review under Administrative Review Law. All | ||||||
12 | final administrative decisions of the Director under this Act | ||||||
13 | shall be
subject to judicial review under the Administrative
| ||||||
14 | Review Law and its rules. | ||||||
15 | Section 120. Home rule. A
home rule unit may not regulate | ||||||
16 | electricians and electrical contractors in a manner less | ||||||
17 | restrictive than
the regulation by the State of electricians | ||||||
18 | and electrical contractors.
This Section is a limitation under | ||||||
19 | subsection (i) of Section 6 of Article
VII of the Illinois | ||||||
20 | Constitution on the concurrent exercise by home rule
units of | ||||||
21 | powers and functions exercised by the State.
| ||||||
22 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
23 | Section
4.25 as follows:
| ||||||
24 | (5 ILCS 80/4.25 new)
| ||||||
25 | Sec. 4.25. Act repealed on January 1, 2015. The following | ||||||
26 | Act is repealed on January 1, 2015:
| ||||||
27 | The Electricians Licensing Act.
| ||||||
28 | Section 905. The State Finance Act is amended by adding |
| |||||||
| |||||||
1 | Section
5.625 as follows:
| ||||||
2 | (30 ILCS 105/5.625 new)
| ||||||
3 | Sec. 5.625. The Electricians Licensing Dedicated Fund.
| ||||||
4 | Section 999. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|