H. B. 4601
(By Delegate Hubbard (By Request))
[Introduced February 22, 2002; referred to the
Committee on Government Organization then Finance.]
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 the supervision of
electricians; removing license exemption for government
employees performing electrical work on government property.
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 is 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 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 of this code 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
require that a
government employee performing electrical work on government
property have 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.