H. B. 2744
(By Delegates Kuhn, Caputo, Long,
Fragale, Stalnaker and R. Thompson)
[Introduced January 28, 2003; 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 eliminating the
exemption of government employees performing electrical work
on governmental property from the electrician's licensing
provisions of the code.
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.
ยง29-3B-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: (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, journeywoman 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 eliminate the exemption
for government employees performing electrical work on governmental
property from having to possess 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.