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                                                      PRINTER'S NO. 1606

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1379 Session of 1989


        INTRODUCED BY GODSHALL, MORRIS, MICOZZIE, KENNEY, GLADECK,
           NAHILL, WOGAN, BUNT, LEH, BELARDI, MELIO, DeLUCA, TRELLO,
           E. Z. TAYLOR, LASHINGER AND BISHOP, MAY 2, 1989

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 2, 1989

                                     AN ACT

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

     5                         TABLE OF CONTENTS
     6  Section 1.  Short title.
     7  Section 2.  Definitions.
     8  Section 3.  State Board of Examiners 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.  Exemption from examination.
    13  Section 8.  Reciprocity.
    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 qualifying representative.


     1  Section 14.  Transferability of license.
     2  Section 15.  Powers of municipalities.
     3  Section 16.  Exempt work or construction.
     4  Section 17.  Penalties.
     5  Section 18.  License renewal; records and fees.
     6  Section 19.  Subpoenas.
     7  Section 20.  Unlawful practice.
     8  Section 21.  Appropriation.
     9  Section 22.  Severability.
    10  Section 23.  Sunset.
    11  Section 24.  Effective date.
    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14  Section 1.  Short title.
    15     This act shall be known and may be cited as the Electrical
    16  Contractors Licensing Act.
    17  Section 2.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the
    20  context clearly indicates otherwise.
    21     "Board."  The State Board of Examiners of Electrical
    22  Contractors under the Bureau of Professional and Occupational
    23  Affairs within the Department of State.
    24     "Commissioner."  The Commissioner of Professional and
    25  Occupational Affairs.
    26     "Electrical contractor."  A person who engages in the
    27  business of contracting to install, erect, repair or alter
    28  electrical equipment for the generation, transmission or
    29  utilization of electrical energy.
    30     "Person."  A person, firm, corporation or other legal entity.
    19890H1379B1606                  - 2 -

     1  Section 3.  State Board of Examiners of Electrical Contractors.
     2     (a)  Creation.--There is hereby created the State Board of
     3  Examiners of Electrical Contractors, a departmental
     4  administrative board in the Department of State. The board shall
     5  consist of nine members who are citizens of the United States
     6  and who have been residents of this Commonwealth for a two-year
     7  period, two of whom shall be public members, three of whom shall
     8  be qualified electrical contractors with experience of not less
     9  than ten years as an electrical contractor, one of whom shall be
    10  a qualified electrical inspector with experience of not less
    11  than five years as an electrical inspector, one of whom shall be
    12  a registered professional engineer with experience of not less
    13  than five years in the electrical industry, one of whom shall be
    14  the Commissioner of the Bureau of Professional and Occupational
    15  Affairs, and one of whom shall be the Director of the Bureau of
    16  Consumer Protection in the Office of Attorney General, or his
    17  designee.
    18     (b)  Terms of office.--The members shall serve for four-year
    19  terms, except as provided in subsection (c), and shall be
    20  appointed by the Governor by and with the advice and consent of
    21  a majority of the members elected to the Senate.
    22     (c)  Initial appointments.--Within 90 days of the effective
    23  date of this act, the Governor shall nominate one qualified
    24  electrical contractor with experience of not less than ten years
    25  as an electrical contractor and one public member to serve four-
    26  year terms; one qualified electrical contractor with experience
    27  of not less than ten years as an electrical contractor and one
    28  qualified electrical inspector with experience of not less than
    29  five years as an electrical inspector to serve three-year terms;
    30  one qualified electrical contractor with experience of not less
    19890H1379B1606                  - 3 -

     1  than ten years as an electrical contractor, one public member to
     2  serve a two-year term; and one registered professional engineer
     3  with experience of not less than five years in the electrical
     4  industry to serve a one-year term.
     5     (d)  Continuation in office.--Each board member shall
     6  continue in office until a successor is duly appointed and
     7  qualified but no longer than six months after the expiration of
     8  the term. In the event that a board member dies, resigns or
     9  otherwise becomes disqualified during the term of office, a
    10  successor shall be appointed in the same way and with the same
    11  qualifications as set forth in this section and shall hold
    12  office for the unexpired portion of the unexpired term.
    13     (e)  Limit on terms.--No board member shall be eligible for
    14  appointment to serve more than two consecutive four-year terms.
    15     (f)  Forfeiture of membership.--A board member who fails to
    16  attend three consecutive meetings shall forfeit his or her seat
    17  unless the commissioner, upon written request from the member,
    18  finds that the member shall be excused from a meeting because of
    19  illness or the death of a family member.
    20     (g)  Compensation.--Each member of the board, except the
    21  commissioner, and the Director of the Bureau of Consumer
    22  Protection, shall receive $60 per diem when actually attending
    23  to the work of the board. Members shall also receive reasonable
    24  traveling, hotel and other necessary expenses incurred in the
    25  performance of their duties in accordance with Commonwealth
    26  regulations.
    27     (h)  Forfeiture for nonattendance.--A public member who fails
    28  to attend two consecutive statutorily mandated training seminars
    29  in accordance with section 813(e) of the act of April 9, 1929
    30  (P.L.177, No.175), known as The Administrative Code of 1929,
    19890H1379B1606                  - 4 -

     1  shall forfeit his or her seat unless the commissioner, upon
     2  written request from the public member, finds that the public
     3  member should be excused from a meeting because of illness or
     4  the death of a family member.
     5     (i)  Quorum.--A majority of the members serving in accordance
     6  with law shall constitute a quorum for purposes of conducting
     7  the business of the board. Except for temporary and automatic
     8  suspensions, a member may not be counted as part of a quorum or
     9  vote on any issue unless he or she is physically in attendance
    10  at the meeting.
    11     (j)  Meetings.--The board shall meet at least four times a
    12  year in Harrisburg.
    13     (k)  Notice.--Reasonable notice of all meetings shall be
    14  given in conformity with the act of July 3, 1986 (P.L.388,
    15  No.84), known as the Sunshine Act.
    16     (l)  Operating procedures.--The board shall meet within 30
    17  days after the appointment of initial members and set up
    18  operating procedures and an application form for licensing
    19  electrical contractors. It shall be the responsibility of the
    20  board to circulate these forms and educate the public to the
    21  requirements of licensing in order to hold oneself out as a
    22  licensed electrical contractor within this Commonwealth.
    23  Section 4.  Powers and functions of board.
    24     The board shall have the following powers:
    25         (1)  To pass upon the qualifications and fitness of
    26     applicants for licenses and reciprocal licenses and to adopt
    27     and revise rules and regulations requiring applicants to pass
    28     examinations relating to their qualifications as a
    29     prerequisite to the issuance of a license.
    30         (2)  To adopt and, from time to time, revise such rules
    19890H1379B1606                  - 5 -

     1     and regulations as may be necessary to carry into effect
     2     provisions of this act. Such regulations shall include, but
     3     shall not be limited to, standards of professional practice
     4     and conduct for licensed electrical contractors in
     5     Pennsylvania.
     6         (3)  To examine for, deny, approve, issue, revoke,
     7     suspend or renew licenses of electrical contractors pursuant
     8     to this act and to conduct hearings in connection therewith.
     9         (4)  To conduct hearings upon complaints concerning
    10     violations of this act and the rules and regulations adopted
    11     pursuant to this act and seek the prosecution and enjoinder
    12     of all such violations.
    13         (5)  To expend moneys necessary to the proper carrying
    14     out of its assigned duties.
    15         (6)  To waive examination and grant a license in cases
    16     deemed exceptional by the board and in accordance with
    17     regulations promulgated by the board.
    18         (7)  To submit annually a report, to the Professional
    19     Licensure Committee of the House of Representatives and the
    20     Consumer Protection and Professional Licensure Committee of
    21     the Senate, containing a description of the complaints
    22     received, status of the cases, board action which has been
    23     taken and length of time from the initial complaint to final
    24     board resolution.
    25         (8)  To submit annually to the Appropriation Committees
    26     of the House of Representatives and the Senate, 15 days after
    27     the Governor has submitted his budget to the General
    28     Assembly, a copy of the budget request for the upcoming
    29     fiscal year which the board previously submitted to the
    30     Department of State.
    19890H1379B1606                  - 6 -

     1  Section 5.  License required.
     2     After the effective date of this act, no person shall enter
     3  into, engage in or work in business as an electrical contractor,
     4  unless such person has obtained a license from the board in
     5  accordance with the provisions of this act, and such licensee
     6  shall assume full responsibility for inspection and supervision
     7  of all electrical work to be performed in accordance with
     8  recognized safety standards. Any single act or transaction shall
     9  constitute engaging in the business of electrical contracting
    10  within the meaning of this act.
    11  Section 6.  Qualifications for license.
    12     No person shall be granted an electrical contractors license
    13  unless he or she submits proof satisfactory to the board that:
    14         (1)  He or she is of good moral character.
    15         (2)  He or she has been employed or engaged in the
    16     business of electrical construction and installation or has
    17     equivalent practical experience for a period of not less than
    18     five years preceding the time of such application, or shall
    19     otherwise establish to the satisfaction of the board that he
    20     or she has the necessary education and background to take the
    21     examination for a license.
    22         (3)  He or she has passed an examination duly adopted by
    23     the board, prepared and administered by a qualified and
    24     approved professional testing organization in the manner
    25     prescribed for written examinations by the provisions of
    26     section 812.1 of the act of April 9, 1929 (P.L.177, No.175),
    27     known as The Administrative Code of 1929.
    28         (4)  His or her application has been accompanied by the
    29     application fee.
    30         (5)  He or she has not been convicted of a felony under
    19890H1379B1606                  - 7 -

     1     the act of April 14, 1972 (P.L.233, No.64), known as The
     2     Controlled Substance, Drug, Device and Cosmetic Act, or of an
     3     offense under the laws of another jurisdiction, which, if
     4     committed in this Commonwealth, would be a felony under The
     5     Controlled Substance, Drug, Device and Cosmetic Act, unless:
     6             (i)  at least ten years have elapsed from the date of
     7         conviction;
     8             (ii)  the applicant satisfactorily demonstrates to
     9         the board that he or she has made significant progress in
    10         personal rehabilitation since the conviction, such that
    11         licensure of the applicant should not be expected to
    12         create a substantial risk of harm to the health and
    13         safety of the public or a substantial risk of further
    14         criminal violations; and
    15             (iii)  the applicant otherwise satisfies the
    16         qualifications contained in or authorized by this act. As
    17         used in this subparagraph, the term "convicted" shall
    18         include a judgment, an admission of guilt or a plea of
    19         nolo contendere.
    20  Section 7.  Exemption from examination.
    21     The requirements of section 6(3) shall not apply and a
    22  license shall be issued without examination to an individual who
    23  submits an application for license, accompanied by the required
    24  fee, within two years of the effective date of this act, who is
    25  a resident of this Commonwealth, who submits proof of being
    26  employed or engaged in the business of electrical contracting
    27  within this Commonwealth for a period of at least ten years
    28  prior to the effective date of this act and who demonstrates, to
    29  the satisfaction of the board, that his or her principal
    30  business for at least five years immediately preceding the date
    19890H1379B1606                  - 8 -

     1  of application was that of an electrical contractor.
     2  Section 8.  Reciprocity.
     3     The board shall have the power to grant a reciprocal license
     4  to an applicant who is licensed or certified as an electrical
     5  contractor in another state and who demonstrates qualifications
     6  which equal or exceed those required pursuant to this act in the
     7  determination of the board, provided that no license shall be
     8  granted under this section to an applicant unless the state in
     9  which the applicant is licensed affords reciprocal treatment to
    10  persons who are residents of this Commonwealth and who are
    11  licensed pursuant to this act.
    12  Section 9.  Refusal, suspension and revocation of license.
    13     (a)  Grounds.--The board may refuse, suspend, revoke, limit
    14  or restrict a license or reprimand a licensee for any of the
    15  following:
    16         (1)  Securing a license by misrepresentation.
    17         (2)  Failing to maintain the qualifications required by
    18     this act or demonstrating a level of competence manifestly
    19     inconsistent with retention of the license in question.
    20         (3)  Engaging in fraudulent business activities or in
    21     misleading advertising practices.
    22         (4)  Violating any provision of this act.
    23         (5)  Committing an act of gross negligence or condoning
    24     such an act by his or her employee.
    25         (6)  Failing to adequately and properly supervise
    26     employees in compliance with safety standards recognized by
    27     the board or regulations promulgated by the board.
    28         (7)  Failing to perform electrical construction in
    29     conformance with standards of the National Electrical Code
    30     then in effect and the standards, if any, of the municipality
    19890H1379B1606                  - 9 -

     1     wherein the work is performed.
     2         (8)  Being convicted of a felony or a crime of moral
     3     turpitude in any state or Federal court, or being convicted
     4     of the equivalent of a felony in any foreign country,
     5     territory or possession. As used in this paragraph, the term
     6     "convicted" includes a finding or verdict of guilt, an
     7     admission of guilt or a plea of nolo contendere, or receiving
     8     probation without verdict, disposition in lieu of trial or an
     9     accelerated rehabilitative disposition in the disposition of
    10     felony charges.
    11         (9)  Having a license to perform electrical contracting
    12     suspended, revoked or refused or receiving other disciplinary
    13     action by the proper licensing authority of any other state,
    14     territory, possession or country.
    15     (b)  Board action.--When the board finds that the license or
    16  application for license of any person may be refused, revoked,
    17  restricted or suspended under the terms of subsection (a), the
    18  board may:
    19         (1)  Deny the application for a license.
    20         (2)  Administer a public reprimand.
    21         (3)  Revoke, suspend, limit or otherwise restrict a
    22     license as determined by the board.
    23         (4)  Suspend enforcement of its findings thereof and
    24     place a licensee on probation with the right to vacate the
    25     probationary order for noncompliance.
    26         (5)  Restore a suspended license and impose any
    27     disciplinary or corrective measure which it might originally
    28     have imposed.
    29     (c)  Hearing.--All actions of the board shall be taken
    30  subject to the right of notice, hearing and adjudication and the
    19890H1379B1606                 - 10 -

     1  right of appeal therefrom in accordance with Title 2 of the
     2  Pennsylvania Consolidated Statutes (relating to administrative
     3  law and procedure).
     4     (d)  Temporary suspension.--The board shall temporarily
     5  suspend a license under circumstances as determined by the board
     6  to be an immediate and clear danger to the public health and
     7  safety. The board shall issue an order to that effect without a
     8  hearing, but upon due notice to the licensee concerned at his or
     9  her last known address, which shall include a written statement
    10  of all allegations against the licensee. The provisions of
    11  subsection (c) shall not apply to temporary suspension. The
    12  board shall thereupon commence formal action to suspend, revoke
    13  or restrict the license of the person concerned as otherwise
    14  provided for in this act. All actions shall be taken promptly
    15  and without delay. Within 30 days following the issuance of an
    16  order temporarily suspending a license, the board shall conduct,
    17  or cause to be conducted, a preliminary hearing to determine if
    18  there is a prima facie case supporting the suspension. The
    19  licensee whose license has been temporarily suspended may be
    20  present at the preliminary hearing and may be represented by
    21  counsel, cross-examine witnesses, inspect physical evidence,
    22  call witnesses, offer evidence and testimony and make a record
    23  of the proceedings. If it is determined that there is not a
    24  prima facie case, the suspended license shall be immediately
    25  restored. The temporary suspension shall remain in effect until
    26  vacated by the board but in no event longer than 180 days.
    27     (e)  Automatic suspension.--A license issued under this act
    28  shall automatically be suspended upon the legal commitment of a
    29  licensee to an institution because of mental incompetence from
    30  any cause upon filing with the board a certified copy of such
    19890H1379B1606                 - 11 -

     1  commitment, conviction of a felony under the act of April 14,
     2  1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
     3  Device and Cosmetic Act, or conviction of an offense under the
     4  laws of another jurisdiction, which, if committed in this
     5  Commonwealth, would be a felony under The Controlled Substance,
     6  Drug, Device and Cosmetic Act. As used in this section, the term
     7  "conviction" shall include a judgment, an admission of guilt or
     8  a plea of nolo contendere. Automatic suspension under this
     9  section shall not be stayed pending an appeal of conviction.
    10  Restoration of such license shall be made as provided in this
    11  act for revocation or suspension of such license.
    12  Section 10.  Reinstatement of license.
    13     Unless otherwise ordered to do so by Commonwealth Court or an
    14  appeal therefrom, the board shall not reinstate the revoked
    15  license of a person to practice as an electrical contractor
    16  pursuant to this act. Any person whose license has been revoked
    17  may apply for reinstatement, after a period of at least five
    18  years, but must meet all of the licensing qualifications of this
    19  act, including the examination requirement, if he or she desires
    20  to practice as an electrical contractor pursuant to this act at
    21  any time after the revocation.
    22  Section 11.  Reporting of multiple licensure.
    23     Any licensed electrical contractor of this Commonwealth who
    24  is also licensed in any other state, territory or country shall
    25  report this information to the board on the biennial renewal
    26  application. Any disciplinary action taken in any other state,
    27  territory or country shall be reported to the board on the
    28  biennial renewal application, or within 90 days of disposition,
    29  whichever is sooner. Multiple licensure shall be noted by the
    30  board on the licensee's record, and such state, territory or
    19890H1379B1606                 - 12 -

     1  country shall be notified by the board of any disciplinary
     2  actions taken against the licensee in this Commonwealth.
     3  Section 12.  Surrender of suspended or revoked license.
     4     The board shall require a person whose license has been
     5  suspended or revoked to return the license in such manner as the
     6  board directs. Failure to do so shall be a misdemeanor of the
     7  third degree.
     8  Section 13.  Death or disability of qualifying representative.
     9     No person shall be denied the privilege of conducting
    10  business as an electrical contractor in the event of death,
    11  illness or other physical disability of the representative
    12  thereof who qualified the person for a business permit for at
    13  least six months following the date of the death, illness or
    14  other physical disability, provided that the business is
    15  conducted under such qualified supervision as the board deems
    16  adequate.
    17  Section 14.  Transferability of license.
    18     No license issued under this act shall be assignable or
    19  transferable.
    20  Section 15.  Powers of municipalities.
    21     (a)  Municipal ordinances preserved.--This act shall not deny
    22  to any municipality the power to inspect electrical work or
    23  equipment or the power to regulate the standards and manner in
    24  which electrical work shall be done, but no municipality shall
    25  require any electrical contractor licensed under this act to
    26  obtain a municipal license or business permit to engage in the
    27  business of electrical contracting in the municipality.
    28     (b)  Failure to comply with local ordinance.--Any licensee
    29  who fails to comply with any municipal ordinance concerning the
    30  inspection of electrical work shall be guilty of a violation of
    19890H1379B1606                 - 13 -

     1  this act.
     2  Section 16.  Exempt work or construction.
     3     Electrical work or construction which is performed on the
     4  following facilities or which is by or for the following
     5  entities shall not be included within the business of electrical
     6  contracting so as to require a license under this act:
     7         (1)  Minor repair work, such as replacement of lamps and
     8     fuses, existing wall switches, plug-in receptacles on
     9     existing outlets and sockets on existing incandescent
    10     fixtures.
    11         (2)  The connection of portable electrical appliances to
    12     suitable permanently installed receptacles.
    13         (3)  Electrical work in mines or on ships, railway cars,
    14     elevators, escalators or automotive equipment.
    15         (4)  Electrical work done by or for a public utility,
    16     cooperative or municipality, when such work is a part of the
    17     plant or services used in the generation, supplying,
    18     transmission and distribution of electricity or in the
    19     provision of communication service to the public.
    20         (5)  A railway utility in the exercise of its functions
    21     as a utility and located in or on buildings or premises used
    22     exclusively by the utility.
    23         (6)  Commercial radio and television transmission
    24     equipment.
    25         (7)  Construction by any branch of the Federal
    26     Government.
    27         (8)  Installation, repair or maintenance performed by
    28     full-time employees of the Commonwealth, or of a political
    29     subdivision or municipal authority, on the premises owned or
    30     occupied by the Commonwealth, political subdivision or
    19890H1379B1606                 - 14 -

     1     authority.
     2         (9)  The maintaining, installing or connecting of
     3     automatic oil, gas or coal burning equipment or gasoline or
     4     diesel oil dispensing equipment, and the lighting in
     5     connection therewith, under standards adopted by the board.
     6  Section 17.  Penalties.
     7     (a)  Criminal penalty.--A person who violates this act
     8  commits a misdemeanor of the third degree and shall, upon
     9  conviction, be sentenced to pay a fine of up to $1,000 or to
    10  imprisonment for not more than 90 days, or both.
    11     (b)  Civil penalty.--In addition to any other civil remedy or
    12  criminal penalty provided for in this act, the board, by a vote
    13  of the majority of the maximum number of the authorized
    14  membership of the board as provided by law, or by a vote of the
    15  majority of the duly qualified and confirmed membership or a
    16  minimum of three members, whichever is greater, may levy a civil
    17  penalty of up to $1,000 on any current licensee who violates any
    18  provision of this act or on any person who holds himself or
    19  herself out as a licensed electrical contractor without being so
    20  licensed pursuant to this act. The board shall levy this penalty
    21  only after affording the accused party the opportunity for a
    22  hearing, as provided in Title 2 of the Pennsylvania Consolidated
    23  Statutes (relating to administrative law and procedure).
    24     (c)  Disposition.--All fines and civil penalties imposed in
    25  accordance with this section shall be paid into the Professional
    26  Licensure Augmentation Account.
    27  Section 18.  License renewal; records and fees.
    28     (a)  Renewal term.--The renewal of a license shall be on a
    29  biennial basis.
    30     (b)  Records.--A record of all persons licensed to practice
    19890H1379B1606                 - 15 -

     1  as electrical contractors in this Commonwealth shall be kept in
     2  the office of the board and shall be open to public inspection
     3  and copying upon payment of a nominal fee for copying the
     4  record.
     5     (c)  Fees.--
     6         (1)  All fees required pursuant to this act shall be
     7     fixed by the board by regulation and shall be subject to the
     8     act of June 25, 1982 (P.L.633, No.181), known as the
     9     Regulatory Review Act. If the revenues raised by fees, fines
    10     and civil penalties imposed pursuant to this act are not
    11     sufficient to meet expenditures over a two-year period, the
    12     board shall increase those fees by regulation so that the
    13     projected revenues will meet or exceed projected
    14     expenditures.
    15         (2)  If the Bureau of Professional and Occupational
    16     Affairs determines that the fees established by the board
    17     pursuant to paragraph (1) are inadequate to meet the minimum
    18     enforcement efforts required by this act, then the bureau,
    19     after consultation with the board and subject to the
    20     Regulatory Review Act, shall increase the fees by regulation
    21     in an amount so that adequate revenues are raised to meet the
    22     required enforcement effort.
    23  Section 19.  Subpoenas.
    24     (a)  Power to issue.--The board shall have the authority to
    25  issue subpoenas, upon application of an attorney responsible for
    26  representing the Commonwealth in disciplinary matters before the
    27  board, for the purpose of investigating alleged violations of
    28  disciplinary provisions administered by the board. The board
    29  shall have the power to subpoena witnesses, to administer oaths,
    30  to examine witnesses and to take such testimony or compel the
    19890H1379B1606                 - 16 -

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


















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