1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 1572 By: Daniels of the Senate |
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3| and |
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4| Sims of the House |
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6| [ electricians - qualifications for certification - |
| expiration of registration - effective date ] |
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11|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
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14| "An Act relating to professions and occupations; |
| amending 59 O.S. 2021, Sections 1682, 1686, 1688, |
15| 1689, and 1699, which relate to the Electrical |
| License Act; modifying definition; stating |
16| qualifications for student apprentice registration; |
| authorizing student apprentice registration and |
17| reregistration under certain conditions; clarifying |
| student apprentice registration expiration; updating |
18| statutory language; updating statutory reference; and |
| providing an effective date. |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. AMENDATORY 59 O.S. 2021, Section 1682, is |
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23|amended to read as follows: |
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24| Section 1682. A. As used in the Electrical License Act: |
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1| 1. "Board" means the Construction Industries Board; |
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2| 2. "Committee" means the Committee of Electrical Examiners |
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3|appointed by the Board; |
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4| 3. "Electrical apprentice" means any person sixteen (16) years |
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5|of age or older whose principal occupation is the learning of and |
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6|assisting in the installation of electrical work under the direct |
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7|supervision of a licensed journeyman electrician or electrical |
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8|contractor; |
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9| 4. "Journeyman electrician" means any person other than an |
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10|electrical contractor who engages in the actual installation, |
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11|alteration, repair or renovation of electrical facilities or |
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12|electrical construction work unless specifically exempted by the |
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13|provisions of the Electrical License Act; |
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14| 5. "Electrical contractor" means any person skilled in the |
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15|planning, superintending and practical installation of electrical |
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16|facilities who is familiar with the laws, rules and regulations |
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17|governing such work. Electrical contractor also means any |
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18|individual, firm, partnership, corporation, limited liability |
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19|company or business performing skills of an electrical contractor or |
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20|an electrician or the business of contracting, or furnishing labor |
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21|or labor and materials for the installation, repair, maintenance or |
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22|renovation of electrical facilities or electrical construction work |
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23|according to the provisions of the Electrical License Act; |
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1| 6. "Electrical facilities" means all wiring, fixtures, |
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2|appurtenances and appliances for, and in connection with, a supply |
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3|of electricity within or adjacent to any building, structure or |
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4|conveyance on the premises but not including the connection with a |
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5|power supply meter or other power supply source; |
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6| 7. "Category" means the classification by which licenses and |
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7|electrical work may be limited. Such categories shall include but |
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8|shall not be limited to installation, maintenance, repair, |
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9|alteration, residential, oilfield and commercial; |
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10| 8. "Temporary journeyman electrician" means any person other |
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11|than a person permanently licensed as a journeyman electrician or |
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12|electrical contractor in this state who meets the temporary |
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13|licensure requirements of Section 1685.1 of this title; |
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14| 9. "Variance and Appeals Board" means the Oklahoma State |
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15|Electrical Installation Code Variance and Appeals Board; |
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16| 10. "Electrical construction work" means installation, |
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17|fabrication or assembly of equipment or systems included in |
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18|"premises wiring" as defined in the National Electrical Code |
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19|(reference 158:40-1-4. Standard of Installation), and which is |
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20|hereby adopted and incorporated by reference. Electrical |
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21|construction work includes but is not limited to installation of |
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22|raceway systems used for any electrical purposes, and installation |
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23|of field-assembled systems such as ice and snow melting, |
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24|pipe-tracing and manufactured wiring systems. Electrical |
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1|construction work shall not include in-plant work performed by |
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2|employees of the company owning the plant, work performed by |
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3|telecommunications employees for telecommunications companies or |
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4|installation of factory-assembled appliances or machinery which is |
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5|not part of the premises wiring unless wiring interconnections |
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6|external to the equipment are required in the field; |
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7| 11. "Electrical work" means work consisting primarily of the |
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8|layout, installation, maintenance, repair, testing or replacement of |
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9|all or part of electrical wires, conduits, apparatus, fixtures, |
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10|appliances or equipment for transmitting, carrying, controlling or |
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11|using electricity in, on, outside or attached to a building, |
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12|structure, property or premises. Electrical work shall not mean |
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13|work that is related to or facilitates the construction, |
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14|installation or maintenance of all or part of an electrical system, |
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15|but which does not involve actual work with any of the electrical |
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16|components provided in this definition; and |
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17| 12. "Student electrical intern apprentice" means any person |
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18|sixteen (16) years of age or older who complies with the |
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19|requirements for registration under Section 1686 of this title. |
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20| B. Class 2 and Class 3 circuits shall be exempt from the |
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21|requirements of electrical licensing of either an electrical |
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22|contractor or a journeyman electrician, provided the work is |
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23|performed in accordance with the National Fire Protection |
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24|Association 70 requirements for Class 2 and Class 3 circuits. |
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1| SECTION 2. AMENDATORY 59 O.S. 2021, Section 1686, is |
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2|amended to read as follows: |
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3| Section 1686. A. The Construction Industries Board shall, upon |
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4|proper application and payment of fee, register as an electrical |
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5|apprentice and issue a certificate of such registration to any |
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6|person who furnishes satisfactory proof to the Board that the |
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7|applicant is: |
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8| 1. Sixteen (16) years of age or older; or |
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9| 2. Enrolled in a school or federal training program for |
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10|electrical apprentices recognized by the Board or employed as an |
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11|electrical apprentice with an active licensed electrical contractor. |
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12| B. The Construction Industries Board shall, upon proper |
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13|application and payment of fee, register as a student electrical |
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14|intern apprentice and issue a certificate of such registration to |
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15|any person who furnishes satisfactory proof to the Board that the |
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16|applicant is: |
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17| 1. Sixteen (16) years of age or older; and |
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18| 2. Enrolled in high school and enrolled in a work-ready or |
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19|similar program recognized by the Board; and |
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20| 3. Employed with an active licensed electrical contractor. |
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21|A student apprentice may not apply more than five hundred (500) |
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22|hours per school year toward his or her journeyman requirements. |
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23| C. All applications for examination, license or renewal of |
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24|license shall be made in writing to the Board on forms provided, if |
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1|necessary, by the Board. All applications shall be accompanied by |
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2|the appropriate fee. |
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3| D. Apprentices and student electrical interns apprentices, when |
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4|required by the Board, shall provide such documents, statements or |
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5|other information as may be necessary to submit to a national |
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6|criminal history record check as defined by Section 150.9 of Title |
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7|74 of the Oklahoma Statutes. |
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8| SECTION 3. AMENDATORY 59 O.S. 2021, Section 1688, is |
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9|amended to read as follows: |
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10| Section 1688. A. No license shall be issued for longer than |
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11|one (1) year, and all licenses shall expire on the last day in the |
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12|birth month of the licensee. A license may be renewed upon |
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13|application and payment of fees thirty (30) days preceding or |
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14|following the date the license is due. Licenses renewed more than |
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15|thirty (30) days following the date of expiration may be renewed |
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16|only upon application and payment of all required fees and payment |
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17|of any penalty for late renewal established by the Construction |
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18|Industries Board and upon compliance with any applicable continuing |
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19|education requirements established by the Board and the Electrical |
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20|License Act. No penalty for late renewal shall be charged to any |
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21|holder of a license which expires while the holder is in military |
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22|service, if an application for renewal is made within one (1) year |
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23|following the service discharge of the holder. |
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1| B. No journeyman or contractor license shall be renewed unless |
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2|the licensee has completed the required hours of continuing |
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3|education, as determined and approved by the Committee of Electrical |
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4|Examiners and approved by the Construction Industries Board. |
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5| C. An apprentice registration certificate or a student intern |
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6|registration certificate shall be issued for one (1) year, at which |
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7|time the apprentice may reregister upon meeting the requirements of |
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8|the Construction Industries Board and paying the renewal fee. |
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9| D. A student apprentice registration certificate shall be |
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10|issued for the registrant's school year. A student apprentice |
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11|registration expires on the last day of the registrant's school |
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12|year, at which time the apprentice may reregister upon meeting the |
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13|requirements of the Construction Industries Board and paying the |
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14|renewal fee. |
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15| SECTION 4. AMENDATORY 59 O.S. 2021, Section 1689, is |
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16|amended to read as follows: |
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17| Section 1689. A. The Construction Industries Board or its |
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18|designee and the Committee of Electrical Examiners shall act as the |
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19|Electrical Hearing Board and shall comply with the provisions of |
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20|Article II of the Administrative Procedures Act, Section 308a et |
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21|seq. of Title 75 of the Oklahoma Statutes. |
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22| B. Any administrative hearing on suspensions, revocations or |
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23|fines shall be conducted by a hearing examiner appointed by the |
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24|Board. The hearing examiner's decision shall be a final decision |
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1|which may be appealed to a district court in accordance with the |
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2|Administrative Procedures Act. |
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3| C. The Electrical Hearing Board may, upon its own motion, and |
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4|shall, upon written complaint filed by any person, investigate the |
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5|business transactions of any electrical contractor, journeyman |
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6|electrician, electrical apprentice, student electrical intern |
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7|apprentice or poultry house contractor license. Upon a finding by |
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8|clear and convincing evidence, the Board shall suspend or revoke any |
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9|license or registration obtained by false or fraudulent |
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10|representation. Upon a finding by clear and convincing evidence, |
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11|the Board shall also suspend or revoke any license or registration |
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12|for any of the following: |
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13| 1. Making a material misstatement in the application for a |
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14|license or registration, or the renewal of a license or |
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15|registration; |
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16| 2. Loaning or illegally using a license; |
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17| 3. Demonstrating incompetence to act as a journeyman |
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18|electrician or electrical contractor; |
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19| 4. Violating any provisions of the Electrical License Act, or |
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20|any rule or order prescribed by the Board or any ordinance for the |
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21|installation of electrical facilities made or enacted by a city or |
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22|town by authority of the Electrical License Act; |
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23| 5. Willfully failing to perform normal business obligations |
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24|without justifiable cause; or |
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1| 6. Failing to maintain a registration or license as required by |
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2|law in another state while registered in this state as a nonresident |
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3|contractor. |
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4| D. Any person whose license or registration has been revoked by |
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5|the Electrical Hearing Board may apply for a new license one (1) |
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6|year from the date of such revocation. |
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7| E. Notwithstanding any other provision of law, a political |
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8|subdivision of this state that has adopted a nationally recognized |
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9|electrical code and appointed an inspector pursuant to the |
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10|provisions of Section 1693 of this title or pursuant to the |
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11|provisions of the Oklahoma Inspectors Act for such work shall have |
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12|jurisdiction over the interpretation of the code and the |
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13|installation of all electrical work done in that political |
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14|subdivision, subject to the provisions of the Oklahoma Inspectors |
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15|Act. Provided, a state inspector may work directly with an |
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16|electrical contractor, journeyman electrician, electrical apprentice |
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17|or student electrical intern apprentice in such a locality if a |
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18|violation of the code creates an immediate threat to life or health. |
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19| F. In the case of a complaint about, investigation of or |
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20|inspection of any license, registration, permit or electrical work |
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21|in any political subdivision of this state which has not adopted a |
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22|nationally recognized electrical code and appointed an inspector |
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23|pursuant to the provisions of Section 1693 of this title or pursuant |
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24|to the provisions of the Oklahoma Inspectors Act for such work, the |
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1|Construction Industries Board shall have jurisdiction over such |
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2|matters. |
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3| G. 1. No individual, business, company, corporation, |
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4|association or other entity subject to the provisions of the |
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5|Electrical License Act shall install, modify or alter electrical |
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6|facilities in any incorporated area of this state which has not |
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7|adopted a nationally recognized electrical code and appointed an |
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8|inspector pursuant to the provisions of Section 1693 of this title |
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9|or pursuant to the provisions of the Oklahoma Inspectors Act for |
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10|such work without providing notice of such electrical work to the |
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11|Construction Industries Board. A notice form for reproduction by an |
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12|individual or entity required to make such notice shall be provided |
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13|by the Construction Industries Board upon request. |
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14| 2. Notice to the Construction Industries Board pursuant to this |
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15|subsection shall not be required for electrical maintenance or |
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16|replacement of existing electrical appliances or fixtures or of any |
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17|petroleum refinery or its research facilities. |
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18| 3. Enforcement of this subsection is authorized pursuant to the |
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19|Electrical License Act, or under authority granted to the |
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20|Construction Industries Board. |
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21| SECTION 5. AMENDATORY 59 O.S. 2021, Section 1699, is |
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22|amended to read as follows: |
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23| Section 1699. One student electrical intern apprentice is |
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24|allowed to work per physical job site with direct supervision under |
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1|a single journeyman or electrical contractor; provided, however, |
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2|that no such student electrical intern apprentice shall be counted |
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3|against the maximum number of apprentices who are allowed by law or |
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4|regulation to work under the supervision of a single journeyman or |
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5|contractor. A student electrical intern apprentice is not allowed |
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6|to work on high voltage systems defined by the National Electrical |
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7|Code. |
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8| SECTION 6. This act shall become effective November 1, 2024." |
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9| Passed the House of Representatives the 24th day of April, 2024. |
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12| Presiding Officer of the House of |
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14| Passed the Senate the ___ day of _________, 2024. |
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17| Presiding Officer of the Senate |
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