SB122SQGM757-1 ENROLLED: SB122 17EC3Z3-2 By Senator Kelley RFD:

Fiscal4/8/2024 Responsibility: and Economic Development First Read:

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SectionNothing 1.in this chapter shall be construed to require a county to license or permit electrical contractors." Page 1

Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the Alabama Board of Electrical Contractors until October 1, 2025, with the additional recommendation for statutory change as set out in Section 3.

Section 2.

The existence and functioning of the Alabama Board of Electrical Contractors, created and functioning pursuant to Chapter 36 of Title 34, Code of Alabama 1975, is continued until October 1, 2025, and those code sections are expressly preserved.

Section 3.

Sections 34-36-7 and 34-36-16 of the Code of Alabama 1975, are amended to read as follows:

"§34-36-7 (a) All applicants for licensure as an electrical contractor or journeyman electrician must submit a completed application, application fee, and supportive documentation of qualifications before taking an examination approved by the Page 1 SB122 Enrolled board.

The board shall examine applicants at least once every three months according to the method deemed by it the board to be the most appropriate to test the qualifications of applicants.

Any national standardized or written examination proctored by an independent third party which the board shall approve as substantially similar to the examination required to be licensed under this chapter may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall give to test the qualifications of applicants.

The board shall also have the right to may establish such norms of achievement as shall be required for a passing grade.

The board may, by rule, may adopt the National Electrical Code for the purpose of examinations.

(b) The board may recognize a license issued by any other state that, in the opinion of the board, has standards of practice or licensure equal to or higher than those required by this state.

The board shall actively seek to reciprocate with those states meeting such standards.

The board shall actively seek to maintain those states currently under agreement.

(c) No license shall be issued except in compliance with this chapter and none shall be issued except to a person or a person in a firm, partnership, association, or corporation.

A firm, partnership, association, or corporation, as such, shall not be licensed.

A licensee shall be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States Page 2 SB122 Enrolled with appropriate documentation from the federal government.

(d) An individual who has successfully passed, on or before January 1, 2010, with a minimum score of 70 percent, or an individual who has successfully passed after January 1, 2010, with a minimum score of 75 percent, a nationally standardized proctored electrical examination administered in the State of Alabama, by Block and Associates, International Code Council, Experior, Promissor, Thomson Prometric, PROV, or any other exam approved by the board, shall be deemed to be in compliance with the testing requirement set forth by the board for licensure as an electrical contractor.

Individuals meeting this qualification shall also be required to complete all other qualifications set forth by this chapter and the board prior to issuance of an electrical contractor license.

Electrical contractor applicants affected by this provision shall have until July 1, 2011, to apply for licensure without any further examination requirements.

(d) Commencing on the effective date of the act adding this subsection, no new provisional electrical contractor licenses may be issued by the board.

Any person who is holding an active provisional electrical contractor license on that date may continue to apply for the annual renewal of that license by submitting to the board a completed application, application fee, and supportive documentation establishing that he or she holds a valid local license or permit.

A local license or permit issued by a county or municipality authorizes the holder to perform electrical contractor tasks and functions only within the boundaries of the issuing county Page 3 SB122 Enrolled or municipality.

The provisional electrical contractor license does not expand the limited geographical boundaries imposed by the local license or permit." "§34-36-16 (a) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person to violate any provision of this chapter regulating electrical contracting, and any person convicted of such violation shall be punished as prescribed for a Class A misdemeanor.

(b) It shall be unlawful, except as otherwise provided, 95 on or after December 31, 2011, for a person not licensed as an electrical contractor to solicit, represent, seek to perform, or perform those tasks and functions that can only be performed by a licensed electrical contractor in accordance with this chapter.

(c) Subsection (b) shall not apply to an electrical contractor who has taken an examination offered by the board within the preceding 12 months, any person who holds a license or permit issued by a county or municipal government to perform the tasks and functions that can only be performed by a licensed electrical contractor, and who performs those tasks and functions within the boundaries of the county or municipality that issued the license or permit." Section 4.

The Legislature concurs in the recommendations of the Sunset Committee as provided in Sections 1, 2, and 3.

Section 5.

This act shall become effective immediately.

Page 4 SB122 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB122 Senate 21-Mar-24 I hereby certify that the within Act originated in and passed the Senate.

Senate 09-May-24 I hereby certify that the within Act originated in and passed the Senate, as amended by Conference Committee Report.

Patrick Harris, Secretary.

House of Representatives Passed: