H. B. 2371
(By Delegates Michael and Mezzatesta)
[Introduced February 20, 2001
; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section three, article three-b, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to permitting
equivalent electrician licensing of certain former West
Virginia residents pursuant to legislative rules.
Be it enacted by the Legislature of West Virginia:
That section three, article three-b, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, 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: (a) (1) A person who performs electrical work with
respect to any property owned or leased by such person; (b) (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 such plant or establishment; (c) (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; (d) (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 (e) (5) any government employee
performing electrical work on government property.
(b)(1) Notwithstanding any other 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 has
obtained an 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 of this code to provide for the equivalent
licensing of electricians 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 the bill is to provide by legislative
rule for equivalent licensing of electricians who were former
residents of this state who return to this state as permanent
residents.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.