Bill Text: AZ SB1058 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Electrical workers; certification

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-13 - Referred to Senate CED Committee [SB1058 Detail]

Download: Arizona-2010-SB1058-Introduced.html

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REFERENCE TITLE: electrical workers; certification

 

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1058

 

Introduced by

Senator Paton

 

 

AN ACT

 

amending sections 32‑1151, 32‑1151.02, 32‑1154, 32‑1164 and 32‑1166, Arizona Revised Statutes; amending title 32, chapter 1o, Arizona Revised Statutes, by adding article 6; relating to electrical workers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 32-1151, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1151.  Engaging in contracting without license or as electrical worker without certificate prohibited

It is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a request for qualification or a request for proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a contractor or electrical worker as defined in section 32‑1172 without having a contractor's license or electrical worker's certification in good standing in the name of the person, firm, partnership, corporation, association or other organization as provided in this chapter, unless the person, firm, partnership, corporation, association or other organization is exempt as provided in this chapter. Evidence of securing a permit from a governmental agency or the employment of a person on a construction project shall be accepted in any court as prima facie evidence of existence of a contract. END_STATUTE

Sec. 2.  Section 32-1151.02, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1151.02.  List of unlicensed contractors and uncertified electrical workers; website publication

A.  The registrar shall maintain a list of persons who have been convicted of contracting without a license or certificate in violation of section 32‑1151 or administratively adjudicated to have been contracting without a license or certificate after having been issued a civil citation pursuant to section 32‑1166.  The list shall be published on the registrar's web site website.

B.  The registrar shall remove a person from the list within ten business days when if the person becomes licensed or certified pursuant to this chapter and submits a written request to the registrar requesting the person's name to be removed from the list.

C.  If a member of the public requests a copy of the list prescribed  by subsection A of this section, the registrar shall provide a copy of the list. END_STATUTE

Sec. 3.  Section 32-1154, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1154.  Grounds for suspension or revocation of license or certificate; continuing jurisdiction; civil penalty; recovery fund award; summary suspension

A.  The holder of a license or certificate or any person listed on a license or certificate pursuant to this chapter shall not commit any of the following acts or omissions:

1.  Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

2.  Departure from or disregard of plans or specifications or any building codes of the this state or any political subdivision of the this state in any material respect which that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

3.  Violation of any rule adopted by the registrar.

4.  Failure to comply with the statutes or rules governing social security, workers' compensation or unemployment insurance.

5.  Failure to pay income taxes, withholding taxes or any tax imposed by title 42, chapter 5, articles 1 and 4 and incurred in the operation of the licensed business.

6.  Misrepresentation of a material fact by the applicant in obtaining a license or certificate.

7.  The doing of a fraudulent act by the licensee or certificate holder as a contractor or certificate holder resulting in another person being substantially injured.

8.  Conviction of a felony.

9.  Failure in a material respect by the licensee or certificate holder to complete a construction project or operation for the price stated in the contract, or in any modification of the contract.

10.  Aiding or abetting a licensed, certified, or unlicensed or uncertified person to evade this chapter, knowingly or recklessly combining or conspiring with a licensed, certified, or unlicensed or uncertified person, allowing one's license or certificate to be used by a licensed, certified, or unlicensed or uncertified person or acting as agent, partner, associate or otherwise of a licensed, certified, or unlicensed or uncertified person with intent to evade this chapter.

11.  Failure by a licensee or certificate holder or agent or official of a licensee or certificate holder to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee's or certificate holder's operations as a contractor or certificate holder when the licensee or certificate holder has the capacity to pay or, if the licensee or certificate holder lacks the capacity to pay, when the licensee or certificate holder has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

12.  Failure of a contractor or certificate holder to comply with any safety or labor laws or codes of the federal government, state or political subdivisions of the state.

13.  Failure in any material respect to comply with this chapter.

14.  Knowingly entering into a contract with a contractor or certificate holder for work to be performed for which a license or certificate is required with a person not duly licensed or certified in the required classification.

15.  Acting in the capacity of a contractor or certificate holder under any license or CERTIFICATE issued under this chapter in a name other than as set forth upon on the license or certificate.

16.  False, misleading or deceptive advertising whereby any member of the public may be misled and injured.

17.  Knowingly contracting beyond the scope of the license or licenses of the licensee or the certificate of the certificate holder.

18.  Contracting or offering to contract or submitting a bid while the license or certificate is under suspension or while the license is on inactive status.

19.  Failure to notify the registrar in writing within a period of fifteen days of any disassociation of the person who qualified for the license or certificate.  Such licensee or certificate holder shall have sixty days from the date of such disassociation to qualify through another person.

20.  Subsequent discovery of facts which that if known at the time of issuance of a license or certificate or the renewal of a license or certificate would have been grounds to deny the issuance or renewal of a license or certificate.

21.  Having a person named on the license or certificate who is named on any other license or certificate in this state or in another state which that is under suspension or revocation unless the prior revocation was based solely on a violation of this paragraph.

22.  Continuing a new single family residential construction project with actual knowledge that a pretreatment wood‑destroying pests or organisms application was either:

(a)  Not performed at the required location.

(b)  Performed in a manner inconsistent with label requirements, state law or rules.

23.  Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the registrar.  The written directive shall set forth the time within which the contractor is to complete the remedial action.  The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive.  A license or certificate shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

24.  Prohibit, threaten to prohibit, retaliate, threaten to retaliate or otherwise intimidate any contractor or materialman from serving a preliminary notice pursuant to section 33‑992.01.

B.  The registrar may on the registrar's own motion, and shall on the written complaint of any owner or contractor that is a party to a construction contract or a person who suffers a material loss or injury as a result of a contractor's failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards, investigate the acts of any contractor within this state and may temporarily suspend, with or without imposition of specific conditions in addition to increased surety bond or cash deposit requirements, or permanently revoke any or all licenses or certificates issued under this chapter if the holder of the license or certificate issued pursuant to this chapter is guilty of or commits any of the acts or omissions set forth in subsection A of this section.  For the purposes of this subsection:

1.  "Construction contract" means a written or oral agreement relating to the construction, alteration, repair, maintenance, moving or demolition of any building, structure or improvement or relating to the contractor's excavation of or other development or improvement to land if the registrar investigates the contractor's actions under this subsection.

2.  "Owner" means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that causes a building, structure or improvement to be constructed, altered, repaired, maintained, moved or demolished or that causes land to be excavated or otherwise developed or improved, whether the interest or estate of the person is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee, pursuant to a construction contract.

C.  The expiration, cancellation, suspension or revocation of a license or certificate by operation of law or by decision and order of the registrar or a court of law or the voluntary surrender of a license or certificate by a licensee or certificate holder shall not deprive the registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee or certificate holder, or to render a decision suspending or revoking such a license or certificate, or denying the renewal or right of renewal of such license or certificate.

D.  The registrar may impose a civil penalty of not to exceed five hundred dollars on a contractor or certificate holder for each violation of subsection A, paragraph 23 of this section.  Civil penalties collected pursuant to this subsection shall be deposited in the residential contractors' recovery fund.  The failure by the licensee or certificate holder to pay any civil penalty imposed under this subsection results in the automatic revocation of the license or certificate thirty days after the effective date of the order providing for the civil penalty.  No future license may be issued to an entity consisting of a person associated with the contractor, as defined in section 32‑1101, subsection A, paragraph 5, unless payment of any outstanding civil penalty is tendered.

E.  The registrar shall impose a civil penalty of not to exceed one thousand dollars on a contractor or certificate holder for each violation of subsection A, paragraph 18 of this section.  Civil penalties collected pursuant to this subsection shall be deposited in the residential contractors' recovery fund. The failure by the licensee or certificate holder to pay any civil penalty imposed under this subsection results in the automatic permanent revocation of the license or certificate thirty days after the effective date of the order providing for the civil penalty.  No future license may be issued to an entity consisting of a person associated with the contractor, as defined in section 32‑1101, subsection A, paragraph 5, unless payment of any outstanding civil penalty is tendered.

F.  Notwithstanding any other provisions in this chapter, if a contractor's license or certificate holder's certificate has been revoked or has been suspended as a result of an order to remedy a violation of this chapter, and the contractor or certificate holder refuses or is unable to comply with the order of the registrar to remedy the violation, the registrar may order payment from the residential contractors' recovery fund to remedy the violation.  The registrar shall serve the contractor or certificate holder with a notice setting forth the amount claimed or to be awarded.  If the contractor or certificate holder contests the amount or propriety of the payment, the contractor shall respond within ten days of the date of service by requesting a hearing to determine the amount or propriety of the payment. Failure by the contractor or certificate holder to respond in writing within ten days of the date of service shall be deemed a waiver by the contractor or certificate holder of the right to contest the amount claimed or to be awarded.  Service may be made by personal service to the contractor or certificate holder or by mailing a copy of the notice by registered mail with postage prepaid to the contractor's or certificate holder's latest address of record on file in the registrar's office.  If service is made by registered mail, it is effective five days after the notice is mailed.  Except as provided in section 41‑1092.08, subsection H, the contractor, certificate holder or injured person may seek judicial review of the registrar's final award pursuant to title 12, chapter 7, article 6. END_STATUTE

Sec. 4.  Section 32-1164, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1164.  Violation; classification; probation; conditions

A.  Commission by a contractor or certificate holder of any of the following acts is a class 1 misdemeanor:

1.  Any act specified in section 32‑1154, subsection A, paragraph 7 or 10.

2.  Acting in the capacity of a contractor or certificate holder within the meaning of this chapter without a license or certificate.

B.  For the first offense under subsection A of this section, a contractor or certificate holder shall be fined not less than one thousand dollars.  For the second or any subsequent offense under subsection A of this section, a contractor or certificate holder shall be fined not less than two thousand dollars.

C.  If a person is convicted of a violation of misdemeanor pursuant to subsection A of this section and the court sentences the person to a term of probation, the court shall order that as conditions of probation the person does do all of the following:

1.  Pays Pay in full all transaction privilege tax or use tax amounts that are due under title 42, chapter 5, article 2 or 4 and that arise from the acts or omissions constituting the violation offense.

2.  Pays Pay in full all transaction privilege or use tax amounts that are due to the county in which the violation offense occurred and that arise from the acts or omissions constituting the violation offense.

3.  Pays Pay in full all transaction privilege or use tax amounts that are owed to the local municipal government, city or town in which the violation offense occurred and that arise from the acts or omissions constituting the violation offense. END_STATUTE

Sec. 5.  Section 32-1166, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1166.  Injunctive relief; civil penalty

A.  In addition to all other remedies, when it appears to the registrar, either upon on complaint or otherwise, that any person, firm, partnership, corporation, association or other organization, or a combination of any of them, has engaged in or is engaging in any act of contracting, practice or transaction which constitutes a violation of this chapter, or any rule or order of the registrar, the registrar may serve upon on such person, firm, partnership, corporation, association or other organization not currently licensed or certified under this chapter, by certified mail or by personal service, a cease and desist order requiring the person, firm, partnership, corporation, association or other organization to cease and desist immediately, upon on receipt of the notice, from engaging in such act, practice or transaction.  In conjunction with the cease and desist order, the registrar may issue a citation for a violation.  Each citation shall be in writing and shall clearly describe the violation for which the citation was issued.  Each citation shall contain an order to cease and desist and an assessment of a civil penalty in an amount of at least two hundred dollars for each violation but not more than two thousand five hundred dollars for the multiple violations committed on the same day.  If after the issuance of a citation by the registrar, the person or organization receiving the citation fails to cease and desist in the violation or violations described in the citation, the registrar may assess an additional civil penalty of up to two thousand five hundred dollars for each day the violation or violations continue.  The registrar shall adopt rules covering the assessment of a civil penalty that give due consideration to the gravity of the violation and any history of previous violations.  The penalties authorized under this section are separate from, and in addition to, all other remedies either civil or criminal.

B.  Each violation of this chapter or a rule or order of the registrar by a person who is required to be licensed or certified by this chapter and who does not possess the required license or certificate shall constitute a separate offense, and the registrar may impose a civil penalty of not to exceed two thousand five hundred dollars for each violation except that for multiple violations committed on the same day the civil penalty shall not exceed two thousand five hundred dollars for all such violations.  Monies collected from civil penalties shall be deposited in the state general fund.

C.  The registrar of contractors may issue citations containing orders to cease and desist and of civil penalties against persons who have never been licensed or certified under this chapter and who are acting in the capacity of or engaging in the business of a contractor or who are acting in the capacity of an electrical worker as defined in section 32‑1172 in this state. END_STATUTE

Sec. 6.  Title 32, chapter 10, Arizona Revised Statutes, is amended by adding article 6, to read:

ARTICLE 6.  ELECTRICAL WORKERS

START_STATUTE32-1172.  Definitions

In this article, unless the context otherwise requires:

1.  "Apprentice" means a person who works in the electrical trade, who is indentured in an approved apprenticeship program and who has not worked sufficient hours in the electrical trade to qualify as an electrician or for the electrical worker certification examination prescribed by this article.

2.  "Approved apprenticeship program" means a program for training and certification as an apprentice electrical worker that is approved by the department of commerce.

3.  "Electrical contractor" means a commercial contractor who is engaged in the business of installing or repairing or contracting to install or repair electrical wiring systems, devices, fixtures, equipment or other electrical materials for transmitting, using or consuming electrical energy greater than one hundred volts and who in the course of that business is required to be licensed pursuant to this chapter.

4.  "Electrical wiring" means wiring or equipment, including conduits, fixtures, appliances, devices, equipment, overhead or underground wiring systems or other equipment used or necessary for the general distribution or use of electrical energy.

5.  "Electrical worker" means an electrician, trainee or apprentice who is employed by an electrical contractor required to be licensed pursuant to this chapter for the purpose of installing or repairing electrical wiring systems, devices, fixtures, equipment or other electrical materials for transmitting, using or consuming electrical energy greater than one hundred volts.  Electrical worker does not include any of the following:

(a)  A sole proprietor.

(b)  An employee of a cable television system licensed under title 9, CHAPTER 5, article 1.1 who installs, maintains, services or repairs facilities that are owned or leased by the cable television system.

(c)  An electronic systems technician.

(d)  An employee of a utility who performs electrical construction and maintenance of electrical wiring for the generation and distribution of electrical current if the wiring is an integral part of a system owned and operated by the utility or municipal light and power department.

(e)  An employee of a utility who installs, operates, maintains or repairs telephone, telegraph, signal or communication systems.

6.  "Electrician" means a person who has worked the minimum number of hours for a commercial electrical worker certificate or completed an approved apprenticeship program and who has passed the electrical worker certification examination prescribed by this article.

7.  "Electronic systems technician" means a person whose primary occupation is the design or integration, or both the design and integration, installation and field maintenance or service of cabling infrastructure and products that:

(a)  Transport less than one hundred volts voice, video, audio and data signals in a commercial premise.

(b)  Capture and display or otherwise enunciate signals.

(c)  Control signals.

(d)  Use signals to control mechanical and electrical apparatus.

8.  "Install" means to connect and integrate electrical wiring with manufactured electrical equipment as necessary for physical accommodation and functional operation of an electrical system at a jobsite.

9.  "Jobsite" means the location where an electrical contractor is obligated to perform contractual duties.

10.  "Sole proprietor" means a qualifying person for the purposes of obtaining an electrical contractor license pursuant to this chapter.

11.  "Trainee" means a person who is not an electrician, who works at the electrical trade for an electrical contractor, who is not indentured in an approved course of apprenticeship and who has not worked sufficient hours at the electrical trade to qualify as an electrician. END_STATUTE

START_STATUTE32-1172.01.  Certified electrical workers

A.  The registrar shall issue an electrical worker certificate to qualified applicants pursuant to this article.

B.  The registrar shall adopt rules to implement this article.  The rules may include application fees, examination content, format and qualifying scores, renewal fees, penalties for violation of this chapter and reciprocity to and from other jurisdictions.

C.  During scheduled work hours, the registrar or the registrar's authorized representative may enter, with or without notice, on private or public property for the purpose of:

1.  Assuring that only electrical workers who are properly certified pursuant to this article perform electrical work that is regulated by this chapter.

2.  Determining whether a certified electrical worker is practicing beyond the scope of the electrical worker's certificate.

3.  Determining whether a certified electrical worker has violated this chapter.

4.  Determining if an electrical contractor is operating pursuant to this chapter.

D.  The registrar shall issue an electrical worker certification in the following classifications:

1.  Commercial electrical worker.

2.  Apprentice commercial electrical worker.

3.  Trainee commercial electrical worker. END_STATUTE

START_STATUTE32-1172.02.  Application for certification

A.  To obtain a certificate under this article, the applicant shall Make an application for certification on a form prescribed by the registrar and pay an application fee as determined by the registrar.  The application shall indicate the classification held or sought by the applicant.  The application shall contain evidence that the applicant:

1.  For a commercial electrical worker certificate, has a minimum of eight thousand hours of experience as an electrician or has successfully completed an approved apprenticeship program.

2.  For an apprentice electrical worker certificate, is in an approved apprenticeship program.

3.  For a trainee commercial electrical worker, has the qualification required by the registrar as prescribed by rule.

4.  Has successfully passed an examination that is approved and conducted by the registrar, that is given by the registrar at times and places prescribed by the registrar and that is specific to the electrical worker requirements of the certification classification held or sought by the applicant.  The registrar shall determine the fee for the examination.

5.  Meets all other requirements of this chapter relating to obtaining and retaining an appropriate certificate.

B.  If the application satisfies the registrar that the applicant is qualified to receive the certificate that the applicant is seeking, the registrar shall grant the applicant a certificate that states the classification in which the applicant has demonstrated proficiency, that is signed by the registrar and that is attested by the official seal of the registrar.

C.  The registrar shall issue apprentice or trainee electrical worker certificate for commercial electrical worker classification, or both, to document a person's initial entry into the electrical trade when an applicant makes an application and pays a fee pursuant to subsection A. END_STATUTE

START_STATUTE32-1172.03.  Renewal

A.  An electrical worker certificate is valid for three years after the certificate holder's birth month.  The certificate must be renewed by paying a fee prescribed by the registrar and submitting evidence that the electrical worker has completed at least twenty‑four hours of approved further electrical education and has worked in the industry for at least two thousand hours during the three years before renewal.

B.  If a person fails to provide the information required by this section, the person must take the electrical worker certification examination before a new certificate is issued.  The person shall pay the initial examination fee prescribed by the registrar. END_STATUTE

START_STATUTE32-1172.04.  Applicability; certification classifications

A.  An electrician must hold a certificate as an electrical worker pursuant to this article if the electrician is working with electrical wiring for an electrical contractor who is licensed pursuant to this chapter.  If an electrical worker holds a certificate issued pursuant to this article, the electrical worker does not need to hold any other certificate or license to be an electrical worker in this state.  The qualifying party for an electrical contractor is exempt from certification.

B.  An apprentice shall hold a certificate as an apprentice electrical worker pursuant to this article if the apprentice is working with electrical wiring for an electrical contractor who is licensed pursuant to this chapter.

C.  A trainee shall hold a certificate as a trainee electrical worker pursuant to this article if the trainee is working with electrical wiring for an electrical contractor who is licensed pursuant to this chapter. END_STATUTE

START_STATUTE32-1172.05.  Display of certificate

An electrical worker who is certified under this article shall carry the certificate at all times on jobsites or when performing duties within the scope of the certificate and shall display the certificate on demand and presentation of identification by the registrar or any person or agency authorized by the registrar.  In addition to other penalties pursuant to this chapter, failure of a certified electrical worker to display a certificate pursuant to this section subjects the certified electrical worker to a civil penalty not to exceed three hundred dollars.  The registrar shall deposit, pursuant to sections 35‑146 and 35‑147, civil penalties collected pursuant to this section in the state general fund. END_STATUTE

Sec. 7.  Provisional electrical worker certificates

A.  Notwithstanding title 32, chapter 10, article 6, Arizona Revised Statutes, as added by this act, the registrar of contractors shall issue a provisional certificate for an electrical worker, an apprentice or a trainee to any person who, between September 1, 2010 and August 31, 2011, pays a fee as determined by the registrar of contractors and who presents evidence satisfactory to the registrar of contractors that the person has a minimum of four years of schooling equal to programs approved by the department of commerce and two years of work experience or hours equal to those required for an initial application within a certification classification as prescribed by sections 32‑1172.01 and 32-1172.02, Arizona Revised Statutes, as added by this act.

B.  Evidence that may be submitted to the registrar of contractors pursuant to subsection A of this section includes any of the following:

1.  A notarized statement by an electrical contractor licensed pursuant to title 32, chapter 10, Arizona Revised Statutes, that the contractor has employed the applicant and that the applicant is qualified for the certificate sought.

2.  A notarized statement by an electrical contractor licensed pursuant to title 32, chapter 10, Arizona Revised Statutes, or union official that the applicant meets the practical experience requirements prescribed in section 32‑1172.02, Arizona Revised Statutes, as added by this act, for the certificate sought.

3.  Other documentation that in the judgment of the registrar of contractors demonstrates qualifications by the applicant for the provisional certificate sought.