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        PRIOR PRINTER'S NOS. 71, 2128                 PRINTER'S NO. 2322

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 71 Session of 1989


        INTRODUCED BY BELL, ROCKS, MELLOW, BODACK, SHUMAKER, REGOLI,
           AFFLERBACH, ANDREZESKI, MADIGAN, BELAN, LINCOLN, WENGER AND
           O'PAKE, JANUARY 23, 1989

        AS AMENDED ON THIRD CONSIDERATION, JUNE 18, 1990

                                     AN ACT

     1  Regulating and requiring the licensure of electrical
     2     contractors; establishing the State Board of Electrical
     3     Contractors and providing for its powers and duties; making
     4     an appropriation; and providing penalties.

     5                         TABLE OF CONTENTS
     6  Section 1.  Short title.
     7  Section 2.  Definitions.
     8  Section 3.  State Board of Electrical Contractors.
     9  Section 4.  Powers and functions of board.
    10  Section 5.  License required.
    11  Section 6.  Qualifications for license.
    12  Section 7.  Issuance of license.
    13  Section 8.  Exemption from examination.
    14  Section 9.  Refusal, suspension and revocation of license.
    15  Section 10.  Reinstatement of license.
    16  Section 11.  Reporting of multiple licensure.
    17  Section 12.  Surrender of suspended or revoked license.
    18  Section 13.  Death or disability of licensed electrical

     1                 contractor.
     2  Section 14.  Transferability of license.
     3  Section 15.  Powers of municipalities.
     4  Section 16.  Exempt work or construction.
     5  Section 17.  Penalties.
     6  Section 18.  License renewal; records and fees.
     7  Section 19.  Subpoenas.
     8  Section 20.  Unlawful practice.
     9  Section 21.  Appropriation.
    10  Section 22.  Severability.
    11  Section 23.  Sunset.
    12  Section 24.  Effective date.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15  Section 1.  Short title.
    16     This act shall be known and may be cited as the Electrical
    17  Contractors Licensing Act.
    18  Section 2.  Definitions.
    19     The following words and phrases when used in this act shall
    20  have the meanings given to them in this section unless the
    21  context clearly indicates otherwise.
    22     "Board."  The State Board of Electrical Contractors under the
    23  Bureau of Professional and Occupational Affairs within the
    24  Department of State.
    25     "Commissioner."  The Commissioner of Professional and
    26  Occupational Affairs.
    27     "Electrical contractor."  A person who performs or supervises
    28  electrical services, including, but not limited to, the
    29  installation, erection, repair or alteration of electrical
    30  equipment for the generation, transmission or utilization of
    19890S0071B2322                  - 2 -

     1  electrical energy.
     2  Section 3.  State Board of Electrical Contractors.
     3     (a)  Creation.--There is hereby created the State Board of
     4  Electrical Contractors, a departmental administrative board in
     5  the Department of State. The board shall consist of nine members
     6  who are citizens of the United States and who have been
     7  residents of this Commonwealth for a two-year period, two of
     8  whom shall be public members, four of whom shall be qualified
     9  electrical contractors with experience of not less than ten
    10  years as an electrical contractor, one of whom shall be a
    11  qualified electrical inspector with experience of not less than
    12  five years as an electrical inspector, one of whom shall be an
    13  electrician who has completed a State-approved apprenticeship
    14  and who has been employed in the electrical construction
    15  industry for not less than five years, and one of whom shall be
    16  the Commissioner of the Bureau of Professional and Occupational
    17  Affairs. Two of the electrical contractor members shall be
    18  signatories to collective bargaining agreements and the
    19  remaining two shall be nonsignatories.
    20     (b)  Terms of office.--The members shall serve for four-year
    21  terms, except as provided in subsection (c), and shall be
    22  appointed by the Governor by and with the advice and consent of
    23  a majority of the members elected to the Senate.
    24     (c)  Initial appointments.--Within 90 days of the effective
    25  date of this act, the Governor shall nominate two qualified
    26  electrical contractors with experience of not less than ten
    27  years as electrical contractors and one public member to serve
    28  four-year terms; one qualified electrical contractor with
    29  experience of not less than ten years as an electrical
    30  contractor and one qualified electrical inspector with
    19890S0071B2322                  - 3 -

     1  experience of not less than five years as an electrical
     2  inspector to serve three-year terms; one qualified electrical
     3  contractor with experience of not less than ten years as an
     4  electrical contractor, and one electrician who has completed a
     5  State-approved apprenticeship and who has been employed in the
     6  electrical construction industry for not less than five years
     7  and one public member to serve two-year terms.
     8     (d)  Continuation in office.--Each board member shall
     9  continue in office until a successor is duly appointed and
    10  qualified but no longer than six months after the expiration of
    11  the term. In the event that a board member dies, resigns or
    12  otherwise becomes disqualified during the term of office, a
    13  successor shall be appointed in the same way and with the same
    14  qualifications as set forth in this section and shall hold
    15  office for the unexpired portion of the unexpired term.
    16     (e)  Limit on terms.--No board member shall be eligible for
    17  appointment to serve more than two consecutive four-year terms.
    18     (f)  Forfeiture of membership.--A board member who fails to
    19  attend three consecutive meetings shall forfeit his or her seat
    20  unless the commissioner, upon written request from the member,
    21  finds that the member shall be excused from a meeting because of
    22  illness or the death of a family member.
    23     (g)  Compensation.--Each member of the board, except the
    24  commissioner, shall receive $60 per diem when actually attending
    25  to the work of the board. Members shall also receive reasonable
    26  traveling, hotel and other necessary expenses incurred in the
    27  performance of their duties in accordance with Commonwealth
    28  regulations.
    29     (h)  Forfeiture for nonattendance.--A public member who fails
    30  to attend two consecutive statutorily mandated training seminars
    19890S0071B2322                  - 4 -

     1  in accordance with section 813(e) of the act of April 9, 1929
     2  (P.L.177, No.175), known as The Administrative Code of 1929,
     3  shall forfeit his or her seat unless the commissioner, upon
     4  written request from the public member, finds that the public
     5  member should be excused from a meeting because of illness or
     6  the death of a family member.
     7     (i)  Quorum.--A majority of the members serving in accordance
     8  with law shall constitute a quorum for purposes of conducting
     9  the business of the board. Except for automatic suspensions, a
    10  member may not be counted as part of a quorum or vote on any
    11  issue unless he or she is physically in attendance at the
    12  meeting.
    13     (j)  Meetings.--The board shall meet at least four times a
    14  year in Harrisburg.
    15     (k)  Notice.--Reasonable notice of all meetings shall be
    16  given in conformity with the act of July 3, 1986 (P.L.388,
    17  No.84), known as the Sunshine Act.
    18     (l)  Operating procedures.--The board shall meet within 30
    19  days after the appointment of initial members and set up
    20  operating procedures and an application form for licensing
    21  electrical contractors. It shall be the responsibility of the
    22  board to circulate these forms and educate the public to the
    23  requirements of licensing in order to hold oneself out as a
    24  licensed electrical contractor within this Commonwealth.
    25  Section 4.  Powers and functions of board.
    26     The board shall have the following powers:
    27         (1)  To pass upon the qualifications of applicants for
    28     licenses and reciprocal licenses, and to adopt and revise
    29     rules and regulations requiring applicants to pass
    30     examinations relating to their qualifications as a
    19890S0071B2322                  - 5 -

     1     prerequisite to the issuance of a license.
     2         (2)  To adopt and, from time to time, revise such rules
     3     and regulations as may be necessary to carry into effect
     4     provisions of this act. Such regulations may include, but
     5     shall not be limited to, standards of professional practice
     6     for licensed electrical contractors in Pennsylvania.
     7         (3)  To examine for, deny, approve, issue, revoke,
     8     suspend or renew licenses of electrical contractors pursuant
     9     to this act and to conduct hearings in connection therewith.
    10         (4)  To conduct hearings upon complaints concerning
    11     violations of the provisions of this act and the rules and
    12     regulations adopted pursuant to this act and seek the
    13     prosecution and enjoinder of all such violations.
    14         (5)  To expend moneys necessary to the proper carrying
    15     out of its assigned duties.
    16         (6)  To license any individual without examination who,
    17     at the time application is filed, holds a license issued by
    18     any other state of the United States, provided that state
    19     issues a license under similar restrictions, and under
    20     similar conditions, grants reciprocal licensure without
    21     examination to electrical contractors duly licensed in this
    22     Commonwealth.
    23         (7)  To submit annually a report, to the Professional
    24     Licensure Committee of the House of Representatives and the
    25     Consumer Protection and Professional Licensure Committee of
    26     the Senate, containing a description of the complaints
    27     received, status of the cases, board action which has been
    28     taken and length of time from the initial complaint to final
    29     board resolution.
    30         (8)  To submit annually to the Appropriation Committees
    19890S0071B2322                  - 6 -

     1     of the House of Representatives and the Senate, 15 days after
     2     the Governor has submitted his budget to the General
     3     Assembly, a copy of the budget request for the upcoming
     4     fiscal year which the board previously submitted to the
     5     Department of State.
     6  Section 5.  License required.
     7     After the effective date of this act, no person shall perform
     8  electrical contracting services unless such person has obtained
     9  a license from the board. The person so licensed shall assume
    10  full responsibility for all of the electrical work performed
    11  under his or her supervision, in accordance with recognized
    12  safety standards.
    13  Section 6.  Qualifications for license.
    14     No person shall be granted an electrical contractor's license
    15  unless he or she submits proof satisfactory to the board that:
    16         (1)  He or she has been employed or engaged in the
    17     business of electrical construction and installation or has
    18     equivalent practical experience for a period of not less than
    19     five years preceding the time of such application, or shall
    20     otherwise establish, pursuant to regulations promulgated by
    21     the board, that he or she has the necessary education and
    22     experience to take the examination for a license.
    23         (2)  He or she has passed an examination duly adopted by
    24     the board.
    25         (3)  His or her application has been accompanied by an
    26     application fee specified by regulation.
    27         (4)  He or she has not been convicted of a felony under
    28     the act of April 14, 1972 (P.L.233, No.64), known as The
    29     Controlled Substance, Drug, Device and Cosmetic Act, or of an
    30     offense under the laws of another jurisdiction, which, if
    19890S0071B2322                  - 7 -

     1     committed in this Commonwealth, would be a felony under The
     2     Controlled Substance, Drug, Device and Cosmetic Act, unless:
     3             (i)  at least ten years have elapsed from the date of
     4         conviction;
     5             (ii)  the applicant satisfactorily demonstrates to
     6         the board that he or she has made significant progress in
     7         personal rehabilitation since the conviction, such that
     8         licensure of the applicant should not be expected to
     9         create a substantial risk of harm to the health and
    10         safety of the public or a substantial risk of further
    11         criminal violations; and
    12             (iii)  the applicant otherwise satisfies the
    13         qualifications contained in or authorized by this act. As
    14         used in this subparagraph, the term "convicted" shall
    15         include a judgment, an admission of guilt or a plea of
    16         nolo contendere.
    17  Section 7.  Issuance of license.
    18     The board shall issue a license to each person who meets the
    19  licensure requirements of this act.
    20  Section 8.  Exemption from examination.
    21     The requirements of section 6(2) shall not apply and a
    22  license shall be issued without examination to any person who
    23  has submitted an application for license, accompanied by the
    24  required fee, within two years after the effective date of this
    25  act, who is a resident of this Commonwealth, who has submitted
    26  proof of his or her being employed or engaged in the business of
    27  electrical contracting within this Commonwealth for a period of
    28  at least six years prior to the effective date of this act and
    29  whose principal business for at least two years immediately
    30  preceding the date of application has been that of an electrical
    19890S0071B2322                  - 8 -

     1  contractor.
     2  Section 9.  Refusal, suspension and revocation of license.
     3     (a)  Grounds.--The board may refuse, suspend, revoke, limit
     4  or restrict a license or reprimand a licensee for any of the
     5  following:
     6         (1)  Securing a license by fraud, deceit or
     7     misrepresentation, or willfully deceiving an agent of the
     8     board.
     9         (2)  Being unfit or unable to engage in electrical
    10     contracting because of the use of alcoholic beverages,
    11     controlled substances or any other substance which impairs
    12     the intellect or judgment to such an extent as to impair the
    13     performance of professional duties.
    14         (3)  Engaging in false, deceptive or fraudulent business
    15     activities, or in misleading advertising practices.
    16         (4)  Violating any provision of this act or regulation of
    17     the board.
    18         (5)  Committing an act of gross negligence or
    19     incompetence or knowingly authorizing such an act by his or
    20     her employee.
    21         (6)  Failing to properly supervise employees in
    22     compliance with the recognized electrical safety standards of
    23     the National Electrical Code then in effect and the standards
    24     of the municipality in which the work is performed, or
    25     knowingly authorizing an unlicensed person to assume
    26     responsibility for supervisory work.
    27         (7)  Failing to secure an inspection of electrical
    28     construction as required by law.
    29         (8)  Failing to perform electrical construction in
    30     conformance with standards of the National Electrical Code
    19890S0071B2322                  - 9 -

     1     then in effect and the standards, if any, of the municipality
     2     wherein the work is performed.
     3         (9)  Being convicted of a felony or a misdemeanor          <--
     4     relating to the practice of electrical contracting. As used
     5     in this paragraph, the
     6         (9)  BEING CONVICTED OF A FELONY IN A FEDERAL COURT OR     <--
     7     THE COURTS OF THIS COMMONWEALTH OR ANY OTHER STATE, TERRITORY
     8     OR COUNTRY.
     9         (10)  BEING CONVICTED OF A MISDEMEANOR RELATED TO THE
    10     PRACTICE OF ELECTRICAL CONTRACTING IN THE COURTS OF THIS
    11     COMMONWEALTH OR ANY OTHER STATE OR TERRITORY. AS USED IN THIS
    12     SECTION, THE term "convicted" includes a finding or verdict
    13     of guilt, an admission of guilt or a plea of nolo contendere,
    14     or receiving probation without verdict, disposition in lieu
    15     of trial or an accelerated rehabilitative disposition in the
    16     disposition of felony charges.
    17         (10) (11)  Having a license to perform electrical          <--
    18     contracting suspended, revoked or refused or receiving other
    19     disciplinary action by the proper licensing authority of any
    20     other state.
    21     (b)  Board action.--When the board finds that the license or
    22  application for license of any person may be refused, revoked,
    23  restricted or suspended under the terms of subsection (a), the
    24  board may:
    25         (1)  Deny the application for a license.
    26         (2)  Administer a public reprimand.
    27         (3)  Revoke, suspend, limit or otherwise restrict a
    28     license as determined by the board.
    29         (4)  Suspend enforcement of its findings thereof and
    30     place a licensee on probation with the right to vacate the
    19890S0071B2322                 - 10 -

     1     probationary order for noncompliance.
     2         (5)  Restore a suspended license and impose any
     3     disciplinary or corrective measure which it might originally
     4     have imposed.
     5     (c)  Hearing.--All actions of the board shall be taken
     6  subject to the right of notice, hearing and adjudication and the
     7  right of appeal therefrom in accordance with 2 Pa.C.S. (relating
     8  to administrative law and procedure).
     9     (d)  Automatic suspension.--A license issued under this act
    10  shall automatically be suspended upon the legal commitment of a
    11  licensee to an institution because of mental incompetence from
    12  any cause upon filing with the board a certified copy of such
    13  commitment, or for conviction of a felony under the act of April
    14  14, 1972 (P.L.233, No.64), known as The Controlled Substance,
    15  Drug, Device and Cosmetic Act, or conviction of an offense under
    16  the laws of another jurisdiction, which, if committed in this
    17  Commonwealth, would be a felony under The Controlled Substance,
    18  Drug, Device and Cosmetic Act. As used in this section, the term
    19  "conviction" shall include a judgment, an admission of guilt or
    20  a plea of nolo contendere. Automatic suspension under this
    21  section shall not be stayed pending an appeal of conviction.
    22  Restoration of such license shall be made as provided in this
    23  act for revocation or suspension of such license.
    24  Section 10.  Reinstatement of license.
    25     Unless otherwise ordered to do so by Commonwealth Court or an
    26  appeal therefrom, the board shall not reinstate a revoked
    27  license. Any person whose license has been revoked may apply for
    28  reinstatement, after a period of at least five years, but must
    29  meet all of the licensing qualifications of this act, including
    30  the examination requirement, if he or she desires to practice at
    19890S0071B2322                 - 11 -

     1  any time after the revocation.
     2  Section 11.  Reporting of multiple licensure.
     3     Any licensed electrical contractor of this Commonwealth who
     4  is also licensed by any other state shall report this
     5  information to the board on the biennial renewal application.
     6  Any disciplinary action taken by any other state shall be
     7  reported to the board on the biennial renewal application, or
     8  within 90 days of disposition, whichever is sooner. Multiple
     9  licensure shall be noted by the board on the licensee's record,
    10  and such state shall be notified by the board of any
    11  disciplinary actions taken against the licensee in this
    12  Commonwealth.
    13  Section 12.  Surrender of suspended or revoked license.
    14     The board shall require a person whose license has been
    15  suspended or revoked to return the license in such manner as the
    16  board directs. Failure to do so shall be a misdemeanor of the
    17  third degree.
    18  Section 13.  Death or disability of licensed electrical
    19                 contractor.
    20     The board shall promulgate regulations establishing the
    21  conditions under which a business may continue to provide
    22  contracted services in the event of the death, illness or
    23  disability of the licensed electrical contractor previously
    24  responsible for the work of the business, consistent with the
    25  provisions of section 5.
    26  Section 14.  Transferability of license.
    27     No license issued under this act shall be assignable or
    28  transferable.
    29  Section 15.  Powers of municipalities.
    30     (a)  Municipal ordinances preserved.--Nothing in this act
    19890S0071B2322                 - 12 -

     1  shall supersede the power of any municipality to inspect
     2  electrical work or equipment or to regulate the manner in which
     3  electrical work shall be done, and to levy lawful taxes and
     4  fees, but no municipality shall require any electrical
     5  contractor licensed under this act to obtain a municipal license
     6  to engage in electrical contracting in the municipality;
     7  provided, however, that nothing herein is intended to preclude
     8  municipalities from denying or revoking local permits for
     9  failure to comply with local ordinances not inconsistent with
    10  this act or regulations of the board.
    11     (b)  Failure to comply with local ordinance.--Any licensee
    12  who willfully fails to comply with any municipal ordinance
    13  concerning the inspection of electrical work shall be subject to
    14  disciplinary proceedings under this act.
    15  Section 16.  Exempt work or construction.
    16     (a)  Exemptions enumerated.--Electrical work or construction
    17  which is performed on the following facilities or which is by or
    18  for the following entities shall not be included within the
    19  business of electrical contracting so as to require a license
    20  under this act:
    21         (1)  Minor repair work, such as replacement of lamps and
    22     fuses, existing wall switches, plug-in receptacles on
    23     existing outlets and sockets on existing incandescent
    24     fixtures.
    25         (2)  The connection of portable electrical appliances to
    26     suitable permanently installed receptacles.
    27         (3)  The testing, servicing or repairing of electrical
    28     equipment or apparatus.
    29         (4)  Electrical work in mines or on ships, railway cars,
    30     elevators, escalators or automotive equipment.
    19890S0071B2322                 - 13 -

     1         (5)  Electrical work done by or for a public utility,
     2     cooperative or municipality, when such work is a part of the
     3     plant or services used in the generation, supplying,
     4     transmission and distribution of electricity or in the
     5     provision of communication service to the public.
     6         (6)  A railway utility in the exercise of its functions
     7     as a utility and located in or on buildings or premises used
     8     exclusively by the utility.
     9         (7)  Commercial radio and television transmission
    10     equipment.
    11         (8)  Construction by any branch of the Federal
    12     Government.
    13         (9)  Any work with a load potential not regulated by the
    14     National Electrical Code.
    15         (10)  Repair, manufacturing and maintenance work on
    16     premises occupied by a firm or corporation and performed by a
    17     regular employee who is a qualified journeyman electrician.
    18         (11)  Installation, repair or maintenance performed by
    19     regular employees of the Commonwealth, or of a political
    20     subdivision or municipal authority, on the premises owned or
    21     occupied by the Commonwealth, political subdivision or
    22     authority.
    23         (12)  The maintaining, installing or connecting of
    24     automatic oil, gas or coal burning equipment, heat pumps or
    25     similar heating equipment, or gasoline or diesel oil
    26     dispensing equipment, and the lighting in connection
    27     therewith, to a supply of adequate size at the load site of
    28     the distribution board.
    29         (13)  Work performed by a person on a building that is
    30     owner-occupied solely as a residence for himself or herself,
    19890S0071B2322                 - 14 -

     1     but limited to one single family, or for a member or members
     2     of his or her immediate family.
     3         (14)  WORK PERFORMED ON THE RESIDENCE AND OTHER BUILDINGS  <--
     4     ON PREMISES DEDICATED TO AN AGRICULTURAL USE, BY A PERSON WHO
     5     OWNS AND RESIDES ON THE PREMISES, OR BY A MEMBER OR MEMBERS
     6     OF HIS OR HER IMMEDIATE FAMILY.
     7     (b)  Other exemptions.--The board may also promulgate
     8  regulations to exempt from this act other electrical activities
     9  of like character.
    10  Section 17.  Penalties.
    11     (a)  Criminal penalty.--A person who violates this act
    12  commits a misdemeanor of the third degree and shall, upon
    13  conviction, be sentenced to pay a fine of up to $1,000 or to
    14  imprisonment for not more than 90 days, or both.
    15     (b)  Civil penalty.--In addition to any other civil remedy or
    16  criminal penalty provided for in this act, the board, by a vote
    17  of the majority of the maximum number of the authorized
    18  membership of the board as provided by law, or by a vote of the
    19  majority of the duly qualified and confirmed membership or a
    20  minimum of three members, whichever is greater, may levy a civil
    21  penalty of up to $1,000 on any current licensee who violates any
    22  provision of this act or on any person who holds himself or
    23  herself out as a licensed electrical contractor without being so
    24  licensed pursuant to this act. The board shall levy this penalty
    25  only after affording the accused party the opportunity for a
    26  hearing, as provided in 2 Pa.C.S. (relating to administrative
    27  law and procedure).
    28     (c)  Disposition.--All fines and civil penalties imposed in
    29  accordance with this section shall be paid into the Professional
    30  Licensure Augmentation Account.
    19890S0071B2322                 - 15 -

     1  Section 18.  License renewal; records and fees.
     2     (a)  Renewal term.--The renewal of a license shall be on a
     3  biennial basis.
     4     (b)  Records.--A record of all persons licensed to practice
     5  as electrical contractors in this Commonwealth shall be kept in
     6  the office of the board and shall be open to public inspection
     7  and copying upon payment of a nominal fee for copying the
     8  record.
     9     (c)  Fees.--
    10         (1)  All fees required pursuant to this act shall be
    11     fixed by the board by regulation and shall be subject to the
    12     act of June 25, 1982 (P.L.633, No.181), known as the
    13     Regulatory Review Act. If the revenues raised by fees, fines
    14     and civil penalties imposed pursuant to this act are not
    15     sufficient to meet expenditures over a two-year period, the
    16     board shall increase those fees by regulation so that the
    17     projected revenues will meet or exceed projected
    18     expenditures.
    19         (2)  If the Bureau of Professional and Occupational
    20     Affairs determines that the fees established by the board
    21     pursuant to paragraph (1) are inadequate to meet the minimum
    22     enforcement efforts required by this act, then the bureau,
    23     after consultation with the board and subject to the
    24     Regulatory Review Act, shall increase the fees by regulation
    25     in an amount so that adequate revenues are raised to meet the
    26     required enforcement effort.
    27  Section 19.  Subpoenas.
    28     (a)  Power to issue.--The board shall have the authority to
    29  issue subpoenas, upon application of an attorney responsible for
    30  representing the Commonwealth in disciplinary matters before the
    19890S0071B2322                 - 16 -

     1  board, for the purpose of investigating alleged violations of
     2  disciplinary provisions administered by the board. The board
     3  shall have the power to subpoena witnesses, to administer oaths,
     4  to examine witnesses and to take such testimony or compel the
     5  production of such books, records, papers and documents as it
     6  may deem necessary or proper in, and pertinent to, any
     7  proceeding, investigation or hearing held or had by it. Client
     8  records may not be subpoenaed without consent of the client or
     9  without order of a court of competent jurisdiction on a showing
    10  that the records are reasonably necessary for the conduct of the
    11  investigation. The court may impose such limitations on the
    12  scope of the subpoena as are necessary to prevent unnecessary
    13  intrusion into client confidential information. The board is
    14  authorized to apply to Commonwealth Court to enforce its
    15  subpoenas.
    16     (b)  Notification of board.--An attorney responsible for
    17  representing the Commonwealth in disciplinary matters before the
    18  board shall notify the board immediately upon receiving
    19  notification of an alleged violation of this act. The board
    20  shall maintain current records of all reports of alleged
    21  violations and periodically review the records for the purpose
    22  of determining that each alleged violation has been resolved in
    23  a timely manner.
    24  Section 20.  Unlawful practice.
    25     (a)  Unlawful practice prohibited.--It shall be unlawful for
    26  any person to hold himself or herself out as a licensed
    27  electrical contractor without possessing a valid, unexpired,
    28  unrevoked and unsuspended license issued under this act.
    29     (b)  Injunction.--Unlawful practice may be enjoined by the
    30  courts upon petition of the board. In any proceeding under this
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     1  section, it shall not be necessary to show that any person is
     2  individually injured by the actions complained of. If the court
     3  finds that the respondent has violated this section, it shall
     4  enjoin him or her from so practicing until he or she has been
     5  duly licensed. Procedure in such cases shall be the same as in
     6  any other injunction suit.
     7     (c)  Remedy cumulative.--The injunctive remedy provided in
     8  this section shall be in addition to any other civil or criminal
     9  prosecution and punishment.
    10  Section 21.  Appropriation.
    11     The sum of $85,000, or as much thereof as may be necessary,
    12  is hereby appropriated from the Professional Licensure
    13  Augmentation Account within the General Fund to the Bureau of
    14  Professional and Occupational Affairs in the Department of
    15  State, for the payment of costs of processing licenses and
    16  renewals, for the operation of the board and for other general
    17  costs of the bureau operations relating to this act. The
    18  appropriation granted shall be repaid by the board within three
    19  years of the beginning of issuance of licenses by the board.
    20  Section 22.  Severability.
    21     The provisions of this act are severable. If any provision of
    22  this act or its application to any person or circumstance is
    23  held invalid, the invalidity shall not affect other provisions
    24  or applications of this act which can be given effect without
    25  the invalid provision or application.
    26  Section 23.  Sunset.
    27     The State Board of Electrical Contractors shall be subject to
    28  evaluation and review, termination, reestablishment and
    29  continuation in accordance with the provisions of the act of
    30  December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
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     1  Section 24.  Effective date.
     2     This act shall take effect as follows:
     3         (1)  Sections 5 and 20 of this act shall take effect in
     4     24 months.
     5         (2)  The remainder of this act shall take effect in 90
     6     days.
















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