H. B. 2378
(By Delegates Hatfield, Caputo,
Walters, Martin, Argento and Perdue)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.]
A BILL to amend and reenact §29-3B-3 of the Code of West Virginia,
1931, as amended, relating to the removal of the exemption for
government employees performing electrical work on government
property from having to possess an electrician's license.
Be it enacted by the Legislature of West Virginia:
That §29-3B-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3B. SUPERVISION OF ELECTRICIANS.
§29-3B-3. Exemptions; nonapplicability of license requirements;
legislative rules for limited reciprocity.
(a) This article does not apply to and no license may be
required for: (1) A person who performs electrical work with
respect to any property owned or leased by that person; (2) a
person who performs electrical work at any manufacturing plant or
other industrial establishment as an employee of the person, firm
or corporation operating the plant or establishment; (3) a person who performs electrical work while employed by an employer who
engages in the business of selling appliances at retail, so long as
such electrical work is performed incident to the installation or
repair of appliances sold by the employer;
or (4) a person who,
while employed by a public utility or its affiliate, performs
electrical work in connection with the furnishing of public utility
service.
or (5) any government employee performing electrical work
on government property.
(b) (1) Notwithstanding any other
contrary provision of this
article
to the contrary, a journeyman or master electrician license
may be issued for a person who is a former resident of this state,
who formerly held an electrician's license issued by this state,
who has obtained an equivalent electrician license from another
state, and who returns to this state as a permanent resident,
without requiring the person to meet the application or examination
requirements that would otherwise be imposed on the person by the
requirements of this article when the issuance of the license is
permitted by legislative rules promulgated pursuant to the
provisions of this subsection.
(2) The State Fire Marshal shall propose rules for legislative
approval in accordance with
the provisions of article three,
chapter twenty-nine-a to provide for the licensing of electricians
with equivalent qualifications described in subdivision (1) of this
subsection. Notwithstanding any other provision of this code
to the contrary, the legislative rules described in this subsection
may not be filed as emergency rules.
NOTE: The purpose of this bill is to remove the exemption of
government employees doing electrical work on government property
from having to possess an electrician's license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.