H. B. 4370


(By Delegates Kuhn and Long)

[Introduced February 9, 2004 ; referred to the

Committee on Government Organization then the Judiciary.]





A BILL to amend and reenact §29-3B-3 of the code of West Virginia, 1931, as amended, relating to requiring government employees hired on or after the first day of July, two thousand four, performing electrical work on government property to be licensed.

Be it enacted by the Legislature of West Virginia:
That §29-3B-3 of the code of West Virginia, 1931, 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: (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; (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: Provided, That any government employee hired on or after the first day of July, two thousand four, performing electrical work on government property must be licensed.
(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 all government employees hired on or after July 1, 2004, to perform electrical work on government property to 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.