ASSEMBLY, No. 6108

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED DECEMBER 2, 2021

 


 

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  JOSEPH V. EGAN

District 17 (Middlesex and Somerset)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Updates licenses offered by and certain licensure requirements from State Board of Electrical Contractors.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the Board of Examiners of Electrical Contractors, and amending and supplementing various provisions of statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1972, c.108 (C.45:1-7) is amended to read as follows:

     1.    Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to the contrary, all professional or occupational licenses or certificates of registration, except such licenses or certificates issued to real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior to the effective date of this act were issued for periods not exceeding one year and were annually renewable, shall, on and after the effective date of this act, be issued for periods of two years and be biennially renewable, except that licenses and business permits issued to electrical contractors [and certificates of registration], and licenses issued to [qualified] Class A journeymen electricians, Class A electrical apprentices, and Class B wiremen pursuant to chapter 5A of Title 45 shall be issued for periods of three years and be triennially renewable; provided, however, the boards or commissions in charge of the issuance or renewal of such licenses or certificates may, in order to stagger the expiration dates thereof, provide that those first issued or renewed after the effective date of this act, shall expire and become void on a date fixed by the respective boards or commissions, not sooner than six months nor later than 29 months, after the date of issue.

     The fees for the respective licenses and certificates of registration issued pursuant to this act for periods of less or greater than one year shall be in amounts proportionately less or greater than the fees established by law.

(cf: P.L.2001, c.21, s.1)

 

     2.    Section 2 of P.L.1962, c.162 (C.45:5A-2) is amended to read as follows:

     2.    For the purpose of this act, unless otherwise indicated by the context:

     (a)   "Act" means this act, P.L.1962, c.162 (C.45:5A-1 et seq.) and the rules and regulations adopted under it;

     (b)   "Board" means the Board of Examiners of Electrical Contractors created by section 3 of this act;

     (c)   "Department" means the Department of [Law and Public Safety] Labor and Workforce Development;

     (d)   "Electrical contractor" means a person who engages in the business of contracting to install, erect, repair or alter electrical equipment for the generation, transmission or utilization of electrical energy;

     (e)   "Person" means a person, firm, corporation or other legal entity;

     (f)   "Alarm business" means the sales, installation, servicing or maintenance of burglar alarm, fire alarm or electronic security systems, or the monitoring or responding to alarm signals when provided in conjunction therewith.  "Alarm business" shall also include the installation, sales, servicing or maintenance of a smoke detection system or a smoke aspiration system in one or two family detached residential dwellings, or both; and the type of alarm business that engages in the installation, sales, servicing or maintenance of (1) perimeter intrusion protection systems; (2) unmanned aerial drones used to protect a premise, building, or complex; and (3) any artificial intelligence and evolving technology used for physical security applications consisting of a device or machine, computer or software used for detection, security, surveillance, monitoring of unauthorized access, or providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots or machines.  "Installation," as used in this definition, includes the survey of a premises, the design and preparation of the specifications for the equipment or system to be installed pursuant to a survey, the installation of the equipment or system, or the demonstration of the equipment or system after the installation is completed, but does not include any survey, design or preparation of specifications for equipment or for a system that is prepared by an engineer licensed pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.), or an architect licensed pursuant to the provisions of chapter 3 of Title 45 of the Revised Statutes, if the survey, design, or preparation of specifications is part of a design for construction of a new building or premises or a renovation of an existing building or premises, which renovation includes components other than the installation of a burglar alarm, fire alarm or electronic security system, and further does not include the design or preparation of specifications for the equipment or system to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L.1938, c.342 (C.45:8-28);

     (g)   "Burglar alarm" means a security system comprised of an interconnected series of alarm devices or components, including systems interconnected with radio frequency signals, or Internet protocol and any successor protocols, which emits an audible, visual or electronic signal indicating an alarm condition and providing a warning of intrusion, which is designed to discourage crime.  "Burglar alarms" include but are not limited to perimeter intrusion protection systems and perimeter fence intrusion protection systems;

     (h)   "Business firm" means a partnership, corporation or other business entity engaged in the alarm business or locksmithing services;

     (i)    "Committee" means the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee created by section 3 of P.L.1997, c.305 (C.45:5A-23);

     (j)    "Electronic security system" means a security system comprised of an interconnected series of devices or components, or Internet protocol and any successor protocols, including systems with audio and video signals, or perimeter intrusion protection systems, or other electronic systems, which emits or transmits an audible, visual or electronic signal warning of intrusion and provides notification of authorized entry or exit, which is designed to discourage crime.  "Electronic security system" shall include access control systems, CCTV systems, intercom systems, automation systems when integrating with security devices, perimeter intrusion protection systems, and other electronic monitoring devices;

     (k)   "Fire alarm" means a system comprised of an interconnected series of alarm devices or components, and notification appliances, including systems interconnected with radio frequency signals, which emits an audible, visual or electronic signal indicating an alarm condition and which provides a warning of the presence of gas, smoke or fire, or a notification of emergency evacuation.  "Fire alarm" does not mean a system whose primary purpose is telecommunications with energy control, the monitoring of the interior environment being an incidental feature thereto;

     (l)    "Licensed locksmith" means a person who is licensed pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

     (m)  "Licensee" means a person licensed to engage in the alarm business or provide locksmithing services pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

     (n)   "Locksmithing services" means the modification, recombination, repair or installation of mechanical locking devices and electronic security systems for any type of compensation and includes the following: repairing, rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes, automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices and electronic security systems; except that "locksmithing services" shall not include the installation of a prefabricated lock set and door knob into a door of a residence;

     (o)   "[Qualified] Class A journeyman electrician" means a person [registered] licensed pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.) or P.L.2001, c.21 (C.45:5A-11.1 et al.), as a [qualified] Class A journeyman electrician by the board who works under a licensed electrical contractor;

     (p)   "Access control system" means a system that provides access to authorized persons and may record and report which persons entered or exited a facility or areas within a facility, which doors or areas were accessed while persons are within a facility, and the time that such activity occurred. "Access control systems" may include the use of keys, access cards, locks, card readers, biometric identification devices, recorders, printers and control devices. "Access control systems" may be independent systems or may be integrated with other electronic security systems or internet protocol and any successor protocols;

     (q)   "Closed circuit television" or "CCTV" means a video security system that may include video cameras, Internet protocol cameras, monitors, switches, camera enclosures, controls and other related devices.  "Closed circuit television" shall include an independent system or system that is integrated with other electronic security systems or Internet protocol and any successor protocols;

     (r)    "Internet protocol and any successor protocol" means a protocol that integrates with any electronic security devices in any existing and future data network protocols to carry alarm signals or video transmission signals or fire alarm signals or any security system now and in the future;

     (s)   "Intercom system" means an audio security communication system containing control circuitry that may include a feature designed to selectively release electronically secured doors or capable of viewing an image at the same time;

     (t)    "Perimeter intrusion protection system" means a device, machine, computer or software used for detection, security, surveillance, or monitoring of unauthorized access, providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots, machines, computers, or software with minimal human intervention, and is a type or component of a security system;

     (u)   "Perimeter fence intrusion protection system" means a perimeter intrusion protection system that satisfies the requirements established pursuant to section 2 of P.L.2021, c.2 (C.45:5A-54), and all attached system components or equipment, including but not limited to a fence, an energizer powered by a commercial storage battery not exceeding 12 volts dc, which produces a short electric pulsed charge upon contact with the fence, and battery charging device used exclusively to charge the battery, or utilization of micro wave energy or radio frequencies for perimeter intrusion protection, and any successor technologies used for perimeter intrusion protection, and is a type or component of a security system;

     (v)   "Smoke aspiration system" means a smoke detection system that takes samples of the air and tests them for presence of smoke;

     (w)  "Smoke detection system" means an electronic system consisting of a control unit, which may be a component of a combination fire and burglar control panel, or one or more smoke aspiration systems, smoke detectors, heat detectors, gas detectors, if required, audible appliances, and battery back-up, as utilized in one or two family detached residential dwellings, or both;

     (x)   "Branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and the outlet or outlets;

     (y)   “Class A electrical apprentice” means an individual licensed pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) who completed an electrical apprenticeship program accredited and approved by the United States Department of Labor and who works under the direct supervision of a Class A journeyman electrician;

     (z)   “Direct supervision” means the presence of a Class A journeyman electrician on site, available to respond to or assist with services performed by a Class A electrical apprentice or Class B wireman;

     (aa) “Class B wireman” means an individual licensed to pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) who works under the direct supervision of a Class A journeyman electrician in a structure not greater than 10,000 square feet.

(cf: P.L.2021, c.2, s.1)

 

     3.    Section 3 of P.L.1962, c.162 (C.45:5A-3) is amended to read as follows:

     3.    There is created a Board of Examiners of Electrical Contractors in the Department of [Law and Public Safety] Labor and Workforce Development consisting of [7] 9 members, hereinafter referred to as the "board."  The members of such board shall be citizens of the State appointed by the Governor, with the advice and consent of the Senate.  [They shall be appointed initially for the following terms:  Three members for terms of 1 year from July 1, 1962, 2 members for terms of 2 years from July 1, 1962, and 2 members for terms of 3 years from July 1, 1962. Thereafter members] Members shall be appointed for terms of 3 years and until the appointment and qualification of their successors.  [The Governor shall fill any] Any vacancy in said board for the unexpired portion of [the] a term shall be filled in the manner provided for the original appointment. No more than [4] 5 members of the board shall be members of the same political party. Three members of the board shall be qualified electrical contractors with experience of not less than 10 years as an electrical contractor, one shall be a qualified electrical inspector, with experience of not less than 5 years as an electrical inspector, one shall be a [qualified] Class A journeyman electrician employed in the electrical construction industry for not less than 5 years[.  One], one shall be appointed by the Governor as recommended by the President of the Senate, one shall be appointed by the Governor as recommended by the Speaker of the General Assembly, one shall be a public member not associated with the electrical industry, and one shall be a licensed professional engineer with experience of not less than 5 years in the electrical industry.

(cf: P.L.1962, c.185, s. 2)

 

     4.    Section 9 of P.L.1962, c.162 (C.45:5A-9) is amended to read as follows:

     9.    (a)  On or after July 1, 1963, no person shall advertise, enter into, engage in or work in business as an electrical contractor, unless such person has secured a business permit and such person or an officer, partner or employee who is or will be actively engaged in the business for which a business permit is sought has obtained a license from the board in accordance with the provisions of this act, and such licensee shall assume full responsibility for inspection and supervision of all electrical work to be performed by the permittee in compliance with recognized safety standards.  A licensee shall not be entitled to qualify more than one person for a business permit.

     Any single act or transaction shall constitute engaging in the business of electrical contracting within the meaning of this chapter.

     (b)   No person shall be granted an electrical contractor's license unless he shall first establish his qualifications therefor and shall take and pass the examination for electrical contractors. An applicant for such examination shall have been employed or engaged in the business of electrical construction and installation for a period of not less than five years preceding the time of such application.  During the five-year period the applicant shall spend one year as a Class A journeyman electrician and four years in an electrical apprenticeship program accredited and approved by the United States Department of Labor, with proof of passage and successful completion of this program while actively engaged or employed as [an] a Class A electrical apprentice.  For a period of four years following the effective date of P.L.2018, c.155, each year of employment in the electrical trade or enrollment in a formal electrical apprenticeship program completed prior to the effective date of P.L.2018, c.155, shall be accepted by the board in lieu of one year's enrollment in an electrical apprenticeship program accredited and approved by the United States Department of Labor, up to a maximum total credit of four years.

     The examination shall be so designed as to establish the competence and qualification of the applicant to perform and supervise the various phases of electrical contracting work.  Any applicant who shall fail to pass such examination shall not be eligible to retake an examination until six months from the date of such failure.

     (c)   An applicant for an examination for a license as an electrical contractor shall apply to the board for permission to take such examination upon forms provided by the board and shall provide the board with such information as shall be necessary to establish his qualifications to take the examination.  The applicant for an initial examination shall pay a fee to the board of $25.00.  An applicant for re-examination shall pay a fee to the board of $15.00.  Such fees shall not be refundable.

(cf: P.L.2018, c.155, s.1)

 

     5.    Section 3 of P.L.2001, c.21 (C.45:5A-11.1) is amended to read as follows:

     3.    The board shall register as a [qualified] Class A journeyman electrician an applicant who:

     a.     Holds a current valid license to practice electrical contracting by the board; or

     b.    Has acquired sufficient practical experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power, as determined by the board, and has successfully completed an appropriate number of classroom hours of related instruction, as determined by the board, which requirement of practical experience shall not include time spent in supervising, engineering, estimating and other managerial tasks; or

     c.     Has demonstrated to the satisfaction of the board that he has met the requirements of subsection b. of this section through alternative means.

(cf: P.L.2001, c.21, s.3)

 

     6.    Section 4 of P.L.2001, c.21 (C.45:5A-11.2) is amended to read as follows:

     4.    a.   On and after the effective date of [P.L.2001, c.21 (C.45:5A-11.1 et al.)] P.L.    , c.    (C.        ) (pending before the Legislature as this bill), any person desiring to [register] be licensed as a [qualified] Class A journeyman electrician shall make application to the board to be so [registered] licensed and shall pay all the fees required in connection therewith, which fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the board to administer the provisions of P.L.2001, c.21 (C.45:5A-11.1 et al.).  Fees shall not be fixed at a level, however, that will raise amounts in excess of the amount estimated to be so required.

     b.    On and after the effective date of [P.L.2018, c.155] P.L.    , c.    (C.        ) (pending before the Legislature as this bill), any person desiring to [register as an apprentice electrician] be licensed as a Class A electrical apprentice enrolled in an electrical contractor's apprenticeship program accredited and approved by the United States Department of Labor shall make an application to the board to be so [registered] licensed and shall pay all the fees required in connection therewith, which fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the board to administer the provisions of P.L.2018, c.155.  Fees shall not be fixed at a level, however, that wi1l raise amounts in excess of the amount estimated to be so required.

(cf: P.L.2018, c.155, s.2)

 

     7.    Section 5 of P.L.2001, c.25 (C.45:5A-11.3) is amended to read as follows:

     5.    The board shall keep a [register] record of all applications by individuals [registering] seeking licensure as [qualified] Class A journeymen electricians [and apprentice electricians], Class A electrical apprentices enrolled in an electrical contractor's apprenticeship program accredited and approved by the United States Department of Labor, [which register] and Class B wiremen, whose record shall include the following information: name, address, telephone number, the age of the applicant; the date of the application; the place of business of the applicant; whether the applicant was accepted or rejected, and in the case of a rejection, the reasons for that action; the [registration] license number, if issued; the date of action of the board; and any other information the board deems necessary.

(cf: P.L.2018, c.155, s.3)

 

     8.    Section 6 of P.L.2001, c.21 (C.45:5A-11.4) is amended to read as follows:

     6.    a.   The board shall require each [qualified] Class A journeyman electrician, other than a [qualified] Class A journeyman electrician licensed to practice electrical contracting issued by the board, and each Class B wireman, as a condition for triennial license renewal pursuant to section 1 of P.L.1972, c.108 (C.45:1-7), to complete a [10-hour] 15-hour course of study relating to the most recent edition of the National Electrical Code.

     b.    The board shall approve all programs of education for the [10-hour] 15-hour course of study established pursuant to subsection a. of this section and the instructors for those courses.

(cf: P.L.2001, c.21, s.6)

     9.    Section 8 of P.L.2001, c.21 (C.45:5A-11.6) is amended to read as follows:

     8.    Notwithstanding any other law, rule or regulation to the contrary, the renewal cycle for registration as a [qualified] Class A journeyman electrician, Class A electrical apprentice, and Class B wireman shall be the same as that for licensed electrical contractors.

(cf: P.L.2001, c.21, s.8)

 

     10.  Section 18 of P.L.1962, c.162 (C.45:5A-18) is amended to read as follows:

     18.  Electrical work or construction which is performed on the following facilities or which is by or for the following agencies shall not be included within the business of electrical contracting so as to require the securing of a business permit under this act:

     (a)   Minor repair work such as the replacement of lamps and fuses.

     (b)   The connection of portable electrical appliances to suitable permanently installed receptacles.

     (c)   The testing, servicing or repairing of electrical equipment or apparatus.

     (d)   Electrical work in mines, on ships, railway cars, elevators, escalators or automotive equipment.

     (e)   Municipal plants or any public utility as defined in R.S.48:2-13, organized for the purpose of constructing, maintaining and operating works for the generation, supplying, transmission and distribution of electricity for electric light, heat, or power.

     (f)   A public utility subject to regulation, supervision or control by a federal regulatory body, or a public utility operating under the authority granted by the State of New Jersey, and engaged in the furnishing of communication or signal service, or both, to a public utility, or to the public, as an integral part of a communication or signal system, and any agency associated or affiliated with any public utility and engaged in research and development in the communications field.

     (g)   A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used exclusively by such an agency.

     (h)   Commercial radio and television transmission equipment.

     (i)    Construction by any branch of the federal government.

     (j)    Any work with a potential of less than 10 volts.

     (k)   Repair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation work on premises occupied by a firm or corporation and performed by a regular employee who is a [qualified] Class A journeyman electrician [registered] licensed pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1).

     (l)    Installation, repair or maintenance performed by regular employees of the State or of a municipality, county, or school district on the premises or property owned or occupied by the State, a municipality, county, or school district; provided that a regular employee of the State, municipality, county or school district performing this work is a [qualified] Class A journeyman electrician [registered] licensed pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1), or holds any civil service title with a job description which includes electrical work pursuant to the "Civil Service Act," N.J.S.11A:1-1 et seq., or regulations adopted pursuant thereto, or any employee of a State authority who has completed an apprenticeship training program approved by the United States Department of Labor, Bureau of Apprenticeship Training, that deals specifically with electrical work, and is of a minimum duration of three years.

     Any regular employee of the State, or of a municipality, county or school district who has submitted his [registration] application to the board for [registration] licensure as a [qualified] Class A journeyman electrician shall be permitted to continue to perform work pursuant to this subsection until such time as the board acts upon his application.  Any applicant whose [registration] licensure application is not approved by the board shall no longer be permitted to perform electrical work pursuant to this subsection.

     (m)  The maintaining, installing or connecting of automatic oil, gas or coal burning equipment, gasoline or diesel oil dispensing equipment and the lighting in connection therewith to a supply of adequate size at the load side of the distribution board.

     (n)   Work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member or members of his immediate family.

     (o)   (Deleted by amendment, P.L.1997, c.305).

     (p)   Any work performed by a landscape irrigation contractor which has the potential of not more than 30 volts involving the installation, servicing, or maintenance of a landscape irrigation system as this term is defined by section 2 of this amendatory and supplementary act.  Nothing in this act shall be deemed to exempt work covered by this subsection from inspection required by the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or regulations adopted pursuant thereto.

     (q)   Any work performed by a person certified pursuant to sections 1 through 10 of P.L.2001, c.289 (C.52:27D-25n through C.52:27D-25w) that is not branch circuit wiring.  For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets.  A certificate holder shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.

     (r)    Any work performed by an alarm business, as that term is defined by section 2 of P.L.1985, c.289 (C.45:5A-18.1), licensed pursuant to P.L.1997, c.305 (C.45:5A-23 et seq.) that is not branch circuit wiring.  For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets.  A licensee shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.

     The board may also exempt from the business permit provisions of this act such other electrical activities of like character which in the board's opinion warrant exclusion from the provisions of this act.

(cf: P.L.2009, c.284, s.1)

 

     11.  (New section) Upon payment to the board and submission of an application, the board may issue without examination a temporary license to an individual from another state or jurisdiction to perform services in New Jersey as an electrical contractor, a Class A journeyman electrician, Class A electrical apprentice, or a Class B wireman. If the amount of time in which the individual from another state or jurisdiction is to provide services exceeds 30 days, the individual shall be required to apply to the board for a full license. Passage of an examination shall be required for full licensure if the individual did not complete an electrical apprenticeship program accredited and approved by the United States Department of Labor.

 

     12.  (New section) The board may in its discretion grant licenses without examination to applicants so licensed in another state or territory of the United States or the District of Columbia; provided that equal reciprocity is provided to electrical contractors, Class A journeyman electricians, Class A electrical apprentices, and Class B wiremen licensed by the State Board of Examiners on Electrical Contractors.

 

     13.  (New section) An individual currently registered as a qualified journeyman electrician shall have until the first day of the thirteenth month following enactment to exchange the current registration for a license as a Class A journeyman electrician. After the first day of the thirteenth month, any individual registered as a qualified journeyman electrician shall apply to the board to receive a license as a Class A journeyman electrician. The application shall require that the individual affirmatively attest that direct supervision is provided while performing services.

 

     14.  (New section)    a.  If any person violates any provisions of P.L.2001, c.261 (C.45:5A-11.1 et seq.), or any code, rule, regulation, or order adopted or issued pursuant thereto, the board may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent a violation or violations and the court may proceed in the action in a summary manner.

     b.    If any person violates the provisions of P.L.2001, c.261 (C.45:5A-11.1 et seq.) or any code, rule, regulation or order adopted or issued pursuant thereto, the board may assess a civil administrative penalty of not more than $2,500 for the first offense and not more than $5,000 for the second and each subsequent offense.  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

     c.     The board is authorized and empowered to compromise and settle any claim for a penalty in such amount in the discretion of the board as is appropriate and equitable under all circumstances.

     d.    Any person who violates a provision of P.L.2001, c.261 (C.45:5A-11.1 et seq.) or any code, rule, regulation, or order adopted or issued pursuant thereto, or a court order issued pursuant to subsection a. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection b. of this section, is subject, upon order of the court, to a civil penalty of not more than $2,500 for the first offense and not more than $5,000 for the second and each subsequent offense.

     e.     If the violation is of a continuing nature, each day during which the violation continues, or each day in which the civil administrative penalty is not paid in full, constitutes an additional, separate and distinct offense.  Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999" in connection with P.L.2001, c.261 (C.45:5A-11.1 et seq.).

 

     15.  This act shall take effect on the first day of the thirteenth month next following enactment, except the Commissioner of Labor and Workforce Development may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

    

     This bill updates current law governing the State Board of Examiners of Electrical Contractors by moving the board from the jurisdiction of the Division of Consumer Affairs in the Department of Law and Public Safety to the Department of Labor and Workforce Development. Current registrants designated as qualified journeyman electricians are renamed “Class A journeyman electricians” and are to be licensed. Language in the bill is updated to recognize the change in the name of this level of the profession and to acknowledge that that level of professional is to be licensed now instead of registered. Additional classes of licensees – Class A electrical apprentices and Class B wiremen – are also incorporated under the bill. 

     Provisions are added to current law that would allow professionals licensed in other states or jurisdictions to come to New Jersey and provide services under a temporary license. However, it is stipulated that if the services are to be provided for a period of time beyond 30 days, the out-of-State individual is to seek full licensure from the board. Language is also added that gives the board discretion to license individuals licensed in another state or territory of the United States or the District of Columbia without examination if reciprocity is granted to by board licensees in the other state, territory or possession.

     The bill grants current qualified journeyman electricians registered with the board a year after enactment of the bill to exchange the registration for a license as a Class A journeyman electrician with the board. After that one year, the individual will have to apply to be the board to receive the Class A journeyman electrician license. Providing services with a registration as a qualified journeyman electrician after the one year will be deemed unlicensed practice under the bill. Lastly, language is added regarding penalties for any violations of the law. This includes allowing the board to file for injunctive or any other appropriate relief. The board is granted, under the bill, to assess a $2,500 administrative penalty for a first offense and a $5,000 administrative penalty for a second or any subsequent offense. Additional penalties are also assessed, under the bill, if there is a failure to pay these administrative penalties.