HB1004sam002 93RD GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/18/2004

09300HB1004sam002 LRB093 05702 AMC 51288 a

AMENDMENT TO HOUSE BILL 1004

AMENDMENT NO. ____. Amend House Bill 1004 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Electricians Licensing Act.

Section 5. Purpose and policy. It has been established by documented evidence that improper electrical wiring can adversely affect the well being of the public. Improper electrical wiring can cause fires due to short circuits and overloading of protection devices. Faulty wiring is potentially lethal and can cause widespread fires with disastrous consequences to persons and property. To protect the health of the public, it is essential that electrical wiring be installed by persons who have proven their skill in installing electrical wiring.

Consistent with its duty to safeguard the health of the people of this State, the General Assembly declares that individuals who plan, inspect, install, alter, extend, repair, and maintain electrical wiring systems shall be individuals of proven skill. Further, the General Assembly declares that a guide for minimum control of electrical materials and equipment, the design of electrical systems, and the construction and installation methods of electrical systems is essential for the protection of public health. In order to insure proper electrical wiring practice, this Act provides for the licensing of electricians and electrical contractors and for the adoption of the National Electrical Code as standards by the Department. This Act is therefore declared to be essential to the public interest.

Section 10. Definitions. As used in this Act:

"Approved apprenticeship program" means an apprenticeship program approved by the United States Department of Labor Bureau of Apprenticeship and Training.

"Board" means the Illinois State Board of Electrical Examiners.

"Department" means the Illinois Department of Labor.

"Director" means the Director of the Illinois Department of Labor.

"Electrical contractor" means a person, firm, or corporation operating a business that undertakes or offers to undertake to plan for, lay out, supervise, or install or to make additions, alterations, maintenance, or repairs in the installation of wiring, apparatus, and equipment for electric light, heat, or power with or without compensation and who is licensed as an electrical contractor by the Department of Labor. An electrical contractor's license does not of itself qualify its holder to perform the electrical work authorized by holding any class of electrician's license.

"Electrical work" means the wiring, installation, maintenance, and repair of electrical wiring, apparatus, and equipment and the planning, laying out, and supervision of the installation, maintenance, and repair of such wiring, apparatus, and equipment for electric heat, light, or power.

"Governmental unit" means the State, a school district, community college district, or unit of local government as defined in Article VII of the Illinois Constitution.

"Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, maintain, and repair electrical wiring, apparatus, and equipment for electric light, heat, or power who is licensed as a journeyman electrician by the Department of Labor.

"Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to install, maintain, and repair and to properly plan, lay out, and supervise the installation of wiring, apparatus, and equipment for electric light, heat, or power who is licensed as a master electrician by the Department of Labor.

"Owner" means a natural person who physically performs electrical work on premises the person owns and actually occupies as a single family residence or owns and will occupy as a single family residence upon completion of construction.

"Registered apprentice" means a person registered with the Department of Labor, who is learning the trade under the supervision of a licensed electrician.

"Residential electrician" means a person having the necessary qualifications, training, experience, and technical knowledge involving the construction, wiring, alteration, maintenance, or repair of a single-family detached residential dwelling or a multi-family dwelling not exceeding 8 units per building and who is licensed as a residential electrician by the Department of Labor.

"Supervision" means that any new electrical work done by a registered apprentice electrician must be inspected at least once after initial rough-in and once upon completion by an Illinois licensed electrician. In addition, all renovation, alteration, repair, extension, modification, and maintenance work done by a registered apprentice electrician on an existing electrical system must be approved by an Illinois licensed electrician.

Section 15. Board of Electrical Examiners. There is created the Illinois State Board of Electrical Examiners which shall exercise its duties provided in this Act under the supervision of the Department of Labor. The Board shall consist of 11 members appointed by the Director of Labor. The Board shall be composed of 3 licensed master electricians, 3 licensed electrical contractors who are members of the National Electrical Contractors Association, one licensed electrical engineer, one electrical inspector who holds a master or journeyman electrician's license, one representative of a public utility, the State Fire Marshal or his or her designee, and a licensed real estate professional. In making the appointments to the Board, the Director shall consider the recommendations of individuals, firms, or organizations involved in electrical wiring installation in this State. The Director shall also take into consideration the minority representation in the population when making appointments to the Board. Members of the Board shall serve 4 year terms and until their successors are appointed and qualified. The initial appointments, however, shall be as follows: 3 members for terms of 2 years, 3 members for 3 years, and 4 members for 4 years. The State Fire Marshal's service on the Board shall be continuous. For the initial appointments of the licensed electrical contractors, licensed master electricians, and electrical inspector prior to the Board developing the rules for examination of license applicants, the Director may appoint individuals whose qualifications are similar to those outlined in subsection (a) of Section 25. Following the expiration of those terms, the Director may reappoint those individuals or others only if such individuals are licensed under this Act. Board members shall receive no compensation but shall be reimbursed for expenses incurred in connection with their duties as Board members.

Section 20. Powers and duties of the Director. The Director shall take all actions necessary under this Act to carry out the duties and responsibilities of the Department under this Act. The Director, with the assistance of the Board, shall:

(a) prepare and issue licenses and provide for registration as provided in this Act;

(b) prescribe rules and regulations for examination of applicants for master, journeyman, and residential licenses;

(c) prepare and give uniform examinations to applicants for master, journeyman, and residential licenses that shall test their knowledge and qualifications in the planning and design of electrical systems, their knowledge, qualifications, and manual skills in electrical installations, and their knowledge of the National Electrical Code relating to materials, design, and installation of methods of electrical systems;

(d) issue electrical contractor and master, journeyman, and residential licenses and license renewals to applicants who have met the requirements for licensure and complied with all the prerequisites to licensure;

(e) prescribe rules for hearings to deny, suspend, revoke, or reinstate licenses as provided in this Act;

(f) maintain a current record showing (i) the names and addresses of licensed electrical contractors, master, journeyman, and residential electricians, and registered apprentices; (ii) the dates of issuance of licenses; (iii) the date and substance for the charges set forth in any hearing for denial, suspension, or revocation of any license; (iv) the date and substance of the final order issued upon a hearing; and (v) the date and substance of all petitions for reinstatement of license and final orders on petitions;

(g) establish and collect fees for the examination, issuance, and renewal of licenses;

(h) provide for the inspection of new electrical installations in construction, remodeling, replacement, maintenance, and repair work, where required by this Act;

(i) establish and collect fees for the handling and inspection of new electrical installations; and

(j) formulate and publish rules necessary or appropriate to carrying out the provisions of this Act.

Section 25. License and registration.

(a) Master electrician. On or after July 1, 2005, except as otherwise provided by law, no person shall plan, install, repair, maintain, lay out, or supervise the installation of wiring, apparatus, or equipment for electrical light, heat, or power unless:

(1) the person is licensed by the Department as a master electrician; or

(2) the work is for a licensed electrical contractor and the person is the licensed electrical contractor or an employee, partner, or officer of the licensed electrical contractor, or the work is performed for the person's employer on electrical equipment, apparatus, or facilities owned or leased by the employer that is located within the limits of property owned or leased, operated, and maintained by the employer.

An applicant for a master electrician's license shall (i) have a Bachelor of Science degree from an accredited electrical engineering program and have had at least one year's job-related experience, acceptable to the Board; (ii) have had at least 5 years experience, acceptable to the Board, in planning for, laying out, supervising, and installing wiring, apparatus, or equipment for electrical light, heat, and power; or (iii) have had at least 6 years experience, acceptable to the Board, with an electrical contracting company in planning, estimating, laying out, and supervising, under the supervision of a licensed master electrician or licensed electrical contractor, the installation of electrical work for electric light, heat, or power.

(b) Journeyman electrician. On or after July 1, 2005, except as otherwise provided by law, no person shall wire for, install, maintain, or repair electrical wiring, apparatus, or equipment for electric light, heat, or power, unless the person is licensed by the Department as a journeyman electrician employed by a licensed electrical contractor. Nothing in this subsection (b), however, shall prohibit a master electrician from performing the work of a journeyman electrician.

An applicant for a journeyman electrician's license shall have had at least 5 years of experience, acceptable to the Board, in wiring for, installing, and repairing electrical wiring, apparatus, or equipment. The Department may by rule provide for the allowance of one year of experience credit for successful completion of a 2 year post high school electrical course approved by the Board.

(c) Registered apprentice. On or after July 1, 2005, a person who is enrolled in an approved apprenticeship program may perform electrical work only under the supervision of a licensed electrician. All apprentices shall be registered with the Department.

(d) Residential electrician. On or after July 1, 2005, except as otherwise provided by law, no person shall construct, wire, alter, maintain, or repair a single-family detached residential dwelling or multi-family dwelling not exceeding 8 units per building unless the person is licensed by the Department as a residential electrician employed by a licensed electrical contractor. Nothing in this subsection (d), however, shall prohibit a master electrician or journeyman electrician from performing the work of a residential electrician.

An applicant for a residential electrician's license shall have had at least 4 years of experience, acceptable to the Board, in having the necessary qualifications, training, and technical knowledge involving the construction, wiring, alteration, or repair of a single-family detached residential dwelling or multi-family dwelling. The Department may by rule provide for the allowance of one year of experience credit for successful completion of a 2 year post high school electrical course approved by the Board.

(e) Contractors. On or after July 1, 2005, except as otherwise provided by law, no person other than an employee of a licensed electrical contractor as defined in this Act shall undertake or offer to undertake to plan for, lay out, supervise, or install or to make additions, alterations, or repairs in the installation of, or to maintain, wiring apparatus and equipment for electrical light, heat, or power with or without compensation unless the person obtains an electrical contractor's license. An electrical contractor's license shall be issued by the Department upon the contractor's giving bond to the State in an amount to be determined by the Department. The bond shall be filed with the Department and shall be in lieu of all other license bonds to any political subdivision. The bond shall be written by a corporate surety licensed to do business in the State of Illinois.

Each licensed electrical contractor shall have and maintain in effect insurance. Specific insurance requirements and minimum limits per occurrence shall be determined by the Department in consultation with the Board. The insurance shall be written by an insurer licensed to do business in the State of Illinois and each licensed electrical contractor shall maintain on file with the Department a certificate evidencing insurance that provides that the insurance shall not be cancelled without the insurer first giving 15 days written notice to the Department of the cancellation.

On or after July 1, 2005, no contractor shall engage in the business of electrical contracting unless he or she is or has in his or her employ a licensed master electrician, who shall be responsible for the performance of all electrical work in accordance with the requirements of this Act. The application for an electrical contractor's license must include a verified statement that the designated responsible master electrician is a full time employee of the individual, partnership, or corporation applying for an electrical contractor's license. For purposes of this Section, a full time employee of a licensed electrical contractor is an individual who is not employed in any capacity as a licensed electrician by any other electrical contractor.

(f) The Department shall prepare guidelines as to what work experience qualifies in determining whether an applicant meets the requirements for licensure under the Act. The Board has discretion in determining whether any particular applicant's experience shall count toward the experience necessary for licensure under this Act.

Section 30. Examination. In addition to other requirements imposed by this Act and except as otherwise provided in this Act, as a precondition to issuance of an electrician's license, each applicant must pass a written examination given by the Department for the type of license sought to insure the competence of each applicant for license. No person failing an examination may retake it for 6 months, but may, within 6 months, take an examination for a lesser grade of license. Any licensee failing to renew his or her license for 2 years or more after its expiration shall be required to retake the examination before he or she is issued a new license. As a condition of renewal, the Department shall require each licensee to complete a minimum number of hours of continuing education. The continuing education shall not exceed 16 hours of classroom instruction during a 24-month period. The Department shall establish by rule the curricula for the continuing education requirement. A licensee shall provide to the Department evidence of completing the continuing education requirement. The Department shall approve any continuing education programs and by rule any means for verification of the continuing education requirement.

Section 35. Military exemption. The Department shall reinstate a license that expires while a licensee is in active Military Service of the United States upon application to the Department by the licensee within 2 years after termination of the military service, payment of the annual license fee, and submission of evidence of the military service. The license shall be reinstated without examination and without payment of the lapsed renewal fee.

Section 40. Expiration of license; fees.

(a) All licenses issued under this Act shall expire every 2 years in a manner as provided by the Department. Application, renewal, and all other fees provided for in this Act shall be established by the Department by rule.

(b) All fees and fines collected under this Act shall be deposited into the Electricians Licensing Dedicated Fund, which is hereby created as a special fund the State treasury. The Department and Board may utilize moneys in this fund for the administration of this Act.

Section 45. Grounds for discipline. The Department may by order deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if it finds that it is in the public interest to do so and that the applicant or licensee:

(a) has filed an application for a license that contains any statement that, in light of the circumstances under which it is made, is false or misleading with respect to any material fact;

(b) has engaged in any fraudulent, deceptive, or dishonest practice;

(c) has been convicted within the past 5 years of a misdemeanor involving a violation of this Act; or

(d) has violated or failed to comply with this Act or its rules or any order issued under this Act. A violation need not be willful.

The Department may adopt rules further specifying the grounds for suspension, revocation, and refusal to renew a license and establishing standards of conduct for licensees.

Section 50. Hearing procedure.

(a) The Board, may upon its own motion, investigate the actions of any person holding or claiming to hold a license if there is reason to believe such person has engaged or is engaging in activity that constitutes grounds for discipline under Section 45 of this Act.

(b) The Board shall, at least 10 days prior to the date set for the hearing and before refusing to issue or renew, suspend, or revoke any license, notify the applicant or holder of the license, in writing, of any charges made, and shall afford him or her an opportunity to be heard in person or by counsel. The notice may be served by personal delivery to the accused person or by registered mail to the last place of business specified by the accused person in the notification to the Agency.

(c) At the time and place fixed in the notice, the Board shall proceed to the hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present, in person or by counsel, any statement, testimony, evidence, or argument that may be pertinent to the charges or to any defense against the charges. The Board may continue the hearing from time to time. If the Board is not sitting at the time and place to which the hearing has been continued, the Department may continue the hearing for a period not to exceed 30 days, and all parties in interest shall be given notice in writing of the date and hour to which the hearing has been continued and the place at which it is to be held.

Section 55. Nonpayment of taxes. The Department may refuse to issue or may suspend the license of any person who fails (i) to file a federal or State tax return, (ii) to pay the tax, penalty, or interest shown in a filed return, or (iii) to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the time the requirements of the tax Act are satisfied.

Section 60. Continuation of business by estates. Upon the death of a master electrician who is an electrical contractor, the Department may permit the decedent's representative to carry on the business of the decedent for a period not in excess of one year, for the purpose of completing work under contract or otherwise to comply with this Act. The decedent's representative may petition the Board for an extension of the one-year period in the event he or she can demonstrate undue hardship or other special circumstances. The extension may be granted at the recommendation of the Board, subject to Department approval. The representative shall give any bond as the Department may require conditioned upon the faithful and lawful performance of the work. The bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of performance. The bond shall be written by a corporate surety licensed to do business in the State of Illinois. The decedent's representative shall also comply with all public liability and property damage insurance requirements imposed by this Act upon a licensed electrical contractor.

Section 65. Reciprocity. The Department may grant a license, without examination, of the same grade and class to an electrician who has been licensed by any other state that provides for the licensing of electricians in a similar manner. The license may be granted for at least 2 years, upon payment by the applicant of the required fee and upon the Department being furnished with proof that the qualifications of the applicant are equal to the qualifications of Section 25 of this Act.

Section 70. Exemptions.

(a) Employees of, or independent contractors performing work for, any electric utility or electric utility affiliate, independent electric power generator, public utility as defined in Section 3-105 of the Public Utilities Act, generating station or generating unit of an electric utility as described in Section 16-102 of the Public Utilities Act, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit (notwithstanding any other provision of this Act), electric cooperative as defined in Section 3.4 of the Electric Supplier Act, telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act, or a telecommunications carrier as defined in Section 13-202 of the Public Utilities Act or its affiliate or co-generation facilities shall not be required to hold a license while performing work on installations, materials, or equipment that are owned or leased, operated, serviced, or maintained by the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric cooperative, telephone or telecommunications cooperative, or telecommunications carrier or its affiliate or co-generation facilities in the exercise of its utility or telephone function, and that (i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, traffic signals, or street lights, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric, telephone, or telecommunications cooperative, or telecommunications carrier or its affiliate or their end users and (ii) are generally accessible only to employees of the electric utility or electric utility affiliate, independent electric power generator, public utility, generating station or generating unit of an electric utility, communications or railway utility, electric system owned and operated by a municipal corporation or governmental unit, electric, telephone, or telecommunications cooperative, or telecommunications carrier or its affiliate or persons acting under its control or direction. Persons performing work subcontracted out to an electrical contractor or other contractors, however, shall be in compliance with the licensure requirements of this Act.

(b) Contractors employing pipefitters, sprinkler fitters, licensed plumbers, or sheet metal workers performing modification, service, maintenance, retro fit, or warranty work in plumbing, heating, sprinkler fitting, irrigation, ventilation, air conditioning, refrigeration (HVACR) systems, instrumentation, control work, or stress relieving is exempt from this Act. For the installation or replacement of equipment in the HVACR industry, modifications to the external power wiring to the equipment is exempt. The installation of wiring for irrigation when being installed by a registered or licensed irrigation worker shall be exempt from this Act. Persons performing work subcontracted out to an electrical contractor or other contractors, however, shall be in compliance with the licensure requirements of this Act.

(c) Employees of contractors performing construction or maintenance work on any transmission or distribution lines owned, leased, operated and maintained by the utilities described in subsection (a) shall be exempt from the provisions and licensing requirements of this Act, and employees of contractors performing construction or maintenance work on any transmission lines owned, leased, operated, and maintained by an independent transmission company, system, or entity approved by the Federal Energy Regulatory Commission and the Illinois Commerce Commission shall be exempt from this Act.

(d) Employees of contractors performing construction or maintenance work on highway lighting or street lighting owned, leased, operated, and maintained by governmental units and their departments and political subdivisions shall be exempt from this Act.

(e) Employees of contractors performing construction or maintenance work on traffic signals owned, leased, operated, and maintained by a governmental unit and its departments and political subdivisions shall be exempt from this Act, provided that these employees are Traffic Signal Level II certified under the International Municipal Sign Association (IMSA).

(f) An owner shall not be required to hold a license under this Act. Nevertheless, electrical work performed by an owner shall comply with the minimum standards contained in the National Electrical Code and shall be subject to inspection by the Department. An owner shall not employ anyone other than an electrician licensed under this Act to assist him or her.

(g) Any city, village, or incorporated town having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act and specifying educational or experience requirements equivalent to those prescribed in the Act, provide for a board of electrical examiners to conduct examinations for, and to issue, suspend, or revoke, electricians' licenses within the city, village, or incorporated town. Upon the enactment of such an ordinance, the provisions of this Act shall not apply within that municipality except as otherwise provided in this Act. Any person licensed as an electrician under the local ordinance, or licensed by the Department under this Act, shall meet the requirements to perform electrical work anywhere in this State.

(h) Nothing in this Act shall be construed to prevent an owner or operator of a farm or his or her employees from installing, making additions to, altering, maintaining, or repairing wiring, apparatus, or equipment for electric light, heat, or power on the farm that he or she owns or operates. For purposes of this subsection, "farm" means land or a building appurtenant to land that is used for an agricultural purpose or for a purpose accessory to an agriculture purpose.

(i) Employees of a manufacturing corporation that engage in activities normally requiring licensure under this Act shall be exempt when such activities are pursuant to the operation or maintenance of its existing business and facilities. Persons performing work subcontracted out to an electrical contractor or other contractor, however, shall be in compliance with the licensure requirements of this Act.

(j) The minor repair of existing electrical systems does not require licensure under this Act. For the purposes of this subsection, "minor repair" means repairs to existing electrical systems that do not require a permit to be issued under any local ordinance.

(k) The provisions of this Act shall not apply to the installation, replacement, service, or repair of household products, including but not limited to audio and video equipment, appliances, fans, garbage disposals, and garage door openers by a business entity that may be engaged in the retail sale of consumer products.

(l) Any person, firm, or company licensed under and performing work in accordance with the Elevator Safety and Regulation Act shall be exempt from this Act.

(m) Employees of a governmental unit that engage in activities normally requiring licensure under this Act are exempt when such activities are incidental to the operation or maintenance of its existing facilities. Unless otherwise specified in this Act, a governmental unit that is involved in new construction that results in the expansion of its facilities must utilize licensed electricians for any associated electrical work.

(n) Electrical engineers licensed under the Professional Engineering Practice Act of 1989 practicing in accordance with that Act shall be exempt from this Act.

(o) Architects licensed under the Illinois Architecture Practice Act of 1989 practicing in accordance with that Act shall be exempt from this Act.

(p) Any person, firm, corporation, or other legal entity laying out, installing, maintaining, or repairing alarm, security, or communication systems and practicing in accordance with the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 shall be exempt from this Act.

Section 80. Display of license. Persons who advertise electrical wiring services shall, at their place of business, display the master electrician's license of at least one member of the firm, partnership or officer of the corporation and shall maintain a register listing the names and license numbers of all licensed electricians and all registered apprentices currently employed by them. When advertising electrical wiring services, the license number shall be included in all forms of written or printed advertising and included with the electrical wiring identification of vehicles. The Department may, by rule or regulation, require additional information concerning licensed electricians and registered apprentices to be maintained in the register.

Section 85. Safety standards. All electrical wiring, apparatus, and equipment for electric light, heat, or power shall comply with all applicable rules of the Department of Labor and shall be installed in conformity with accepted standards of construction for safety to life and property. For the purposes of this Act, the regulations and safety standards stated at the time the work is designed in the then most recently published edition of the National Electrical Code as adopted by the National Fire Protection Association, Inc. and approved by the American National Standards Institute, and the National Electrical Safety Code as published by the Institute of Electrical and Electronics Engineers, Inc. and approved by the American National Standards Institute, shall be prima facie evidence of accepted standards of construction for safety to life and property.

Nothing in this Act shall prohibit any political subdivision from making and enforcing more stringent requirements than those set forth in this Act and all licensed electricians working within the jurisdiction of that political subdivision shall comply with those requirements. Nothing in this Act, however, shall be construed to give a political subdivision the authority to apply its standards or requirements to electrical work performed on a farm. For the purposes of this Section, "farm" means land or a building appurtenant to land that is used for an agricultural purpose or for a purpose accessory to an agricultural purpose.

Section 90. Inspections.

(a) Except where any political subdivision has by ordinance provided for electrical inspection similar to that provided in this Act, every new electrical installation on and after July 1, 2005 in any construction, remodeling, replacement, or repair shall be inspected by the Department for compliance with accepted standards of construction for safety to life and property.

(b) No such inspections shall be required for electrical work performed by persons exempt from licensure under Section 70 of this Act, except that inspections shall be required for work performed under subsection (f) of Section 70.

(c) All inspectors for the Department shall hold licenses as master or journeyman electricians under this Act, except that in areas of this State where a sufficient number of master or journeyman electricians are not available to the Department to perform inspections under this Act, the Department may designate other persons whom it determines to be suitably qualified by training or experience.

Section 95. Procedures for inspection.

(a) At or before commencement of any installation required to be inspected by the Department, the electrical contractor or owner making the installation shall submit to the Department a request for inspection, in a form prescribed by the Department, together with the fees required for the installation.

(b) The fees required are a handling fee and an inspection fee. The handling fee shall be set by the Department in an amount sufficient to pay the cost of bringing and handling the form requesting an inspection. The inspection fee shall be set by the Department in an amount sufficient to pay the actual costs of the inspection and the Department's costs in administering the inspection.

(c) If the inspector finds that the installation is not in compliance with accepted standards of construction for safety to life and property as required by this Act, the inspector shall, by written order, condemn the installation or the noncomplying portion of the installation, or order service to the installation disconnected, and shall send a copy of the order to the Department. If the installation or the noncomplying part will seriously and proximately endanger human life and property, the order of the inspector, when approved by the inspector's superior, shall require immediate condemnation or disconnection. In all other cases, the order of the inspector shall permit a reasonable opportunity for the installation to be brought into compliance with accepted standards of construction for safety to life and property prior to the effective time established for condemnation or disconnection.

(d) Copies of each condemnation or disconnection order shall be served personally or by mail upon the property owner, the electrical contractor or electrician making the installation, and other persons as the Department by rule may direct. An aggrieved party may appeal any condemnation or disconnection order by filing with the Department a notice of appeal within 10 days after (i) service upon the aggrieved party of the condemnation or disconnection order, if this service is required or (ii) filing of the order with the Department, whichever is later. The Department shall adopt rules providing procedures for the conduct of appeals, including provisions for the stay of enforcement of the order of the inspector pending an appeal when justified by the circumstances.

(e) The inspectors of the Department shall have the authority to enter any building or premises at any reasonable hour in the discharge of their duties, and they shall have the authority, when necessary, to order the removal of any existing obstructions such as laths, plastering, boarding, or partitions that may prevent a proper inspection of the electrical installation.

(f) No electrical installation subject to inspection by the Department shall be newly connected or reconnected for use until there is filed, with the electrical utility supplying power, a certificate of the property owner or licensed electrician directing the work that inspection has been requested and that the conditions of the installation are safe for energization. In all cases where an order of condemnation or disconnection has been issued against the installation or any part of the installation, prior to connection or reconnection, there shall also first be filed with the electrical utility supplying the power a copy of an order of the inspector or the Department dismissing the prior order of condemnation or disconnection or approving the installation as being in compliance with accepted standards of construction for safety to life and property. With respect to transient projects, this certificate shall also contain a certification that the request for inspection has been or will be filed with the Department so as to be received by it at least 5 days prior to the date and time energization of the installation by the utility is to occur, and that the request for inspection states the date and time. It shall be the responsibility of the Department to have inspection of the transient project occur prior to the date and time at which the request states energization is to occur.

(g) Any political subdivision may make provision for inspection of electrical installations within its jurisdiction, in which case it shall keep on file with the Department copies of its current inspection ordinances and codes. Any political subdivision may require any individual, partnership, corporation, or other business association holding a license from the Department to pay any license, registration fee, or permit fees. Any political subdivision may provide by ordinance a requirement that each individual, partnership, corporation, or other business association doing electrical work within the jurisdiction of the political subdivision have on file with the political subdivision a copy of the current license issued by the Department or other evidence of the license as may be provided by the Department. Each electrical inspector of any political subdivision shall hold a license as a master or journeyman electrician under this Act. An electrical inspector employed by a political subdivision and engaged in the regulation and inspection of electrical wiring activities regulated under this Act on July 1, 2005 shall be permitted to conduct electrical inspections for 2 years from the application date. Thereafter, the inspector must meet all of the requirements of this Act.

Section 100. Violations.

(a) Any person violating any provision of this Act or its rules shall be guilty of a Class B misdemeanor and fined a minimum of $100 for the first offense. A second or subsequent violation of this Act shall be a Class A misdemeanor with a minimum fine of $200. Each day a violation continues constitutes a separate offense. The State's Attorney of the County in which the violation occurred or the Attorney General may prosecute these actions in the name of the People of the State of Illinois. The court may enjoin the use of electricity installed in violation of this Act or its rules until it has been corrected to comply with the National Electrical Code.

(b) If it is established that the defendant, contrary to this Act, has been engaging, is engaging, or is about to engage in electrical work without having been issued a license, or has been engaging or is about to engage in electrical work after his or her license has been suspended or revoked or after his or her license has not been renewed, the Department may levy a penalty not to exceed $5,000 per offense. This penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in Section 50 of this Act.

Section 105. Electricians practicing before this Act. Electrical contractors who are in business on the effective date of this Act and who file a license application with the Department on or before July 1, 2005 shall be granted a license without examination, which shall be valid for 2 years from the date of issuance. Thereafter, electrical contractors shall comply with all of the requirements of this Act. These licenses shall be subject to renewal as provided in this Act. The Department may by rule require the licensee to take an examination for renewal. Any licensee failing to renew his or her license for 2 years or more after its expiration shall be required to retake the examination before he or she is issued a new license.

Persons who have a minimum of 5 years experience in performing electrical work as defined in this Act on the effective date of this Act and who file a license application with the Department on or before July 1, 2005 shall be granted a license without examination, which shall be valid for 2 years from the date of issuance. The category of initial licensure shall be determined by the Department. These licenses shall be subject to renewal as provided in this Act. The Department may by rule require the licensee to take an examination for renewal. Any licensee failing to renew his or her license for 2 years or more after its expiration shall be required to retake the examination before he or she is issued a new license.

Section 110. Administrative Procedure Act; application. The provisions of the Illinois Administrative Procedure Act are expressly adopted and shall apply to all administrative rules and procedures of the Department of Labor under this Act, except that Section 5 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

Section 115. Review under Administrative Review Law. All final administrative decisions of the Director under this Act shall be subject to judicial review under the Administrative Review Law and its rules.

Section 120. Home rule. A home rule unit may not regulate electricians and electrical contractors in a manner less restrictive than the regulation by the State of electricians and electrical contractors. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 900. The Regulatory Sunset Act is amended by adding Section 4.25 as follows:

(5 ILCS 80/4.25 new)

Sec. 4.25. Act repealed on January 1, 2015. The following Act is repealed on January 1, 2015:

The Electricians Licensing Act.

Section 905. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Electricians Licensing Dedicated Fund.

Section 999. Effective date. This Act takes effect upon becoming law.".