PRIOR PRINTER'S NO. 4149 PRINTER'S NO. 4736
No. 2727 Session of 2006
INTRODUCED BY GANNON, DeLUCA, CALTAGIRONE, W. KELLER, BELFANTI,
WALKO, GODSHALL, KILLION, CRAHALLA, RAYMOND, SIPTROTH, BEYER
AND PALLONE, JUNE 7, 2006
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2006
AN ACT
1 Providing for professional painters licensure; establishing the <--
2 State Board of Professional LICENSED Painters; providing for <--
3 powers and duties of the board; establishing fees, fines and
4 civil penalties; and making an appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. State Board of Professional LICENSED <--
9 Painters.
10 Section 4. Powers and duties of board.
11 Section 5. Licensure.
12 Section 6. Qualifications.
13 Section 7. Continuing education.
14 SECTION 7.1. LIABILITY INSURANCE. <--
15 Section 8. Professional painters PAINTERS in <--
16 other states.
17 Section 9. Duration of license.
18 Section 10. Reporting of multiple licensure.
1 Section 11. Fees, fines and civil penalties.
2 Section 12. Violations.
3 Section 13. Refusal to issue, suspend or revoke license.
4 Section 14. Suspensions and revocations.
5 Section 15. Temporary and automatic suspensions.
6 Section 16. Reinstatement of license.
7 Section 17. Surrender of suspended or revoked license.
8 Section 18. Injunction.
9 Section 19. Subpoenas and oaths.
10 Section 20. Municipalities.
11 Section 21. Appropriation.
12 Section 22. Regulations.
13 Section 23. Severability.
14 Section 24. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title.
18 This act shall be known and may be cited as the Professional <--
19 Painters Licensure Act.
20 Section 2. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Apprentice painter." An individual who is registered as an <--
25 apprentice under the act of July 14, 1961 (P.L.604, No.304),
26 known as The Apprenticeship and Training Act, and who is
27 licensed by the State Board of Professional Painters as an
28 individual whose principle occupation is learning and assisting
29 in the performance of painting services.
30 "Board." The State Board of Professional LICENSED Painters. <--
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1 "COMMERCIAL PROPERTY." ANY OF THE FOLLOWING: <--
2 (1) A BUILDING, STRUCTURE OR FACILITY, OR PORTION
3 THEREOF, WHICH IS USED, OCCUPIED OR INTENDED, ARRANGED OR
4 DESIGNED TO BE USED FOR THE PURPOSE OF OPERATING A BUSINESS,
5 OFFICE, MANUFACTORY OR PUBLIC ACCOMMODATION.
6 (2) FIVE OR MORE RESIDENTIAL DWELLING UNITS.
7 "Commissioner." The Commissioner of the Bureau of
8 Professional and Occupational Affairs within the Department of
9 State.
10 "Conviction." The term includes a judgment, an admission of
11 guilt or a plea of nolo contendere.
12 "Department." The Department of State of the Commonwealth.
13 "Journeyman painter." An individual who is licensed by the <--
14 State Board of Professional Painters to assist a professional
15 painter with the performance of painting services.
16 "Painting services." The application of paints, varnishes,
17 protective coatings, shellacs, stains and other pigments or wall
18 coverings, by brush, spray or roller where the application is
19 provided for remuneration. The term does not include the
20 application of paints, varnishes, protective coatings, shellacs,
21 stains and other pigments or wall coverings, by brush, spray or
22 roller where the application is not performed for remuneration.
23 The term also does not include artwork created by a commercial
24 or fine artist.
25 "Professional painter" or "professional painting contractor."
26 An individual who is licensed by the State Board of Professional
27 Painters and is authorized to perform painting services.
28 "LICENSED APPRENTICE PAINTER." AN INDIVIDUAL WHO IS <--
29 REGISTERED AS AN APPRENTICE UNDER THE ACT OF JULY 14, 1961
30 (P.L.604, NO.304), KNOWN AS THE APPRENTICESHIP AND TRAINING ACT,
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1 AND WHO IS LICENSED BY THE STATE BOARD OF LICENSED PAINTERS AS
2 AN INDIVIDUAL WHOSE PRINCIPAL OCCUPATION IS LEARNING AND
3 ASSISTING IN THE PERFORMANCE OF PAINTING SERVICES.
4 "LICENSED JOURNEYMAN PAINTER." AN INDIVIDUAL WHO IS LICENSED
5 BY THE STATE BOARD OF LICENSED PAINTERS AND WHO IS AUTHORIZED TO
6 PERFORM PAINTING SERVICES.
7 "PAINTING SERVICES." THE APPLICATION OF PAINTS, VARNISHES,
8 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR WALL
9 COVERINGS, BY BRUSH, SPRAY OR ROLLER WHERE THE APPLICATION IS ON
10 COMMERCIAL PROPERTY. THE TERM DOES NOT INCLUDE THE APPLICATION
11 OF PAINTS, VARNISHES, PROTECTIVE COATINGS, SHELLACS, STAINS AND
12 PIGMENTS OR WALL COVERINGS, BY BRUSH, SPRAY OR ROLLER WHERE THE
13 APPLICATION IS ON RESIDENTIAL PROPERTY. THE TERM ALSO DOES NOT
14 INCLUDE ARTWORK CREATED BY A COMMERCIAL OR FINE ARTIST, STENCILS
15 OR OTHER ARTWORK USED TO DECORATE THE INTERIOR OF COMMERCIAL OR
16 RESIDENTIAL PROPERTY.
17 "RESIDENTIAL DWELLING UNIT." INCLUDES A DWELLING HOUSE, AN
18 APARTMENT, A TOWNHOUSE OR ANY OTHER TYPE OF STRUCTURE WHICH IS
19 INTENDED FOR RESIDENTIAL USE. THE TERM SHALL ALSO INCLUDE A BARN
20 OR OTHER STRUCTURE ON A FARM.
21 "RESIDENTIAL PROPERTY." FEWER THAN FIVE RESIDENTIAL DWELLING
22 UNITS.
23 Section 3. State Board of Professional LICENSED Painters. <--
24 (a) Establishment.--There is hereby established the State
25 Board of Professional LICENSED Painters within the department. <--
26 (b) Composition.--The board shall consist of the following:
27 (1) The commissioner.
28 (2) Two public members.
29 (3) Six professional members. The professional members
30 shall have been actively engaged in providing painting
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1 services in this Commonwealth for the ten years immediately
2 preceding appointment. Two professional members shall reside
3 in a county of the first class. One professional member shall
4 reside in a county of the second class. Three professional
5 members shall be subject to collective bargaining agreements.
6 Three professional members shall not be subject to collective
7 bargaining agreements. Except as set forth in subsection (f),
8 professional members shall be licensed under this act as
9 professional LICENSED JOURNEYMAN painters. <--
10 (c) Meeting.--The board shall meet within 30 days after the
11 appointment of its first members and shall set up operating
12 procedures and develop application forms for licensure. It shall
13 be the responsibility of the board to circulate the forms and
14 educate the public regarding the requirements of this act and
15 providing painting services in this Commonwealth.
16 (d) Term of membership.--Professional and public members
17 shall be appointed by the Governor with the advice and consent
18 of the Senate. Professional and public members shall be citizens
19 of the United States and residents of this Commonwealth. Except
20 as provided in subsection (e), a professional or public member
21 shall serve a term of four years, or until a successor has been
22 appointed and qualified but in no event longer than six months
23 beyond the four-year period. In the event that a member dies or
24 resigns or otherwise is disqualified during the member's term of
25 office, a successor shall be appointed in the same way and with
26 the same qualifications and shall hold office for the remainder
27 of the unexpired term. A professional or public member shall not
28 be eligible to hold more than two consecutive terms.
29 (e) Initial appointments.--For professional and public
30 members initially appointed to the board pursuant to this act,
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1 the term of office shall be as follows:
2 (1) Five members shall serve for a term of four years.
3 (2) Two members shall serve for a term of three years.
4 (3) One member shall serve for a term of two years.
5 (f) Professional members and initial appointments.--A
6 professional member initially appointed to the board pursuant to
7 this act need not be licensed at the time of appointment but
8 must have satisfied eligibility requirements for licensure as
9 provided in this act.
10 (g) Quorum.--A majority of the members of the board shall
11 constitute a quorum. Except for temporary and automatic
12 suspensions under section 15, a member may not be counted as
13 part of a quorum or vote on any issue unless the member is
14 physically in attendance at the meeting.
15 (h) Chairman.--The board shall annually select a chairman
16 from among its members. The board, with the approval of the <--
17 commissioner, shall select and fix the compensation of an
18 executive secretary who shall be responsible for the day-to-day
19 operation of the board and administration of the board's
20 activities.
21 (i) Expenses.--With the exception of the commissioner, each
22 member of the board shall receive $60 per diem when actually
23 attending to the work of the board. A member shall also receive
24 the amount of reasonable travel, hotel and other necessary
25 expenses incurred in the performance of the member's duties in
26 accordance with Commonwealth regulations.
27 (j) Forfeiture.--A professional or public member who fails
28 to attend three consecutive meetings shall forfeit his seat
29 unless the commissioner, upon written request from the member,
30 finds the member should be excused from a meeting because of
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1 illness or the death of a family member.
2 (k) Training seminars.--A public member who fails to attend
3 two consecutive statutorily mandated training seminars in
4 accordance with section 813(e) of the act of April 9, 1929
5 (P.L.177, No.175), known as The Administrative Code of 1929,
6 shall forfeit his seat unless the commissioner, upon written
7 request from the public member, finds that the public member
8 should be excused from a meeting because of illness or the death
9 of a family member.
10 (l) Frequency of meetings.--The board shall meet at least
11 four times a year in the City of Harrisburg and at such
12 additional times as may be necessary to conduct the business of
13 the board.
14 Section 4. Powers and duties of board.
15 (a) General rule.--The board shall have the following powers
16 and duties:
17 (1) To provide for and regulate the licensing of
18 individuals engaged in providing painting services.
19 (2) To issue, renew, reinstate, fail to renew, suspend
20 and revoke licenses as provided for in this act.
21 (3) To administer and enforce the provisions of this
22 act.
23 (4) To contract with a professional testing organization
24 to administer tests to qualified applicants for licensure as
25 provided in this act. Written, oral or practical examinations
26 shall be prepared and administered by a qualified and
27 approved professional testing organization in the manner
28 prescribed for written examinations by section 812.1 of the
29 act of April 9, 1929 (P.L.177, No.175), known as The
30 Administrative Code of 1929.
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1 (5) To investigate applications for licensure and to
2 determine the eligibility of an individual applying for
3 licensure.
4 (6) To promulgate and enforce regulations, not
5 inconsistent with this act, as necessary only to carry out
6 the provisions of this act. This paragraph includes the
7 setting of fees and setting the amount of professional
8 liability insurance required by professional painters <--
9 LICENSED JOURNEYMAN PAINTERS AS SET FORTH IN THIS ACT. <--
10 Regulations shall be adopted in conformity with the
11 provisions of the act of July 31, 1968 (P.L.769, No.240),
12 referred to as the Commonwealth Documents Law, and the act of
13 June 25, 1982 (P.L.633, No.181), known as the Regulatory
14 Review Act.
15 (7) To keep minutes and records of all transactions and
16 proceedings.
17 (8) To keep and maintain a registry of individuals
18 licensed by the board. The board shall provide access to the
19 registry to the public, including making the registry
20 available via electronic means.
21 (9) To submit annually to the department an estimate of
22 financial requirements of the board for its administrative,
23 legal and other expenses.
24 (10) To submit annually a report to the Consumer
25 Protection and Professional Licensure Committee of the Senate
26 and the Professional Licensure Committee of the House of
27 Representatives. The report shall include a description of
28 the types of complaints received, status of cases, the action
29 which has been taken and the length of time from initial
30 complaint to final resolution.
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1 (11) To submit annually to the Appropriations Committee
2 of the Senate and the Appropriations Committee of the House
3 of Representatives, 15 days after the Governor has submitted
4 a budget to the General Assembly, a copy of the budget
5 request for the upcoming fiscal year which the board
6 previously submitted to the department.
7 Section 5. Licensure.
8 (a) General rule.--Except as provided in subsection (d), <--
9 SUBSECTIONS (D) AND (F), an individual may not provide painting <--
10 services, offer himself for employment as an individual who may
11 provide painting services or hold himself out as an individual
12 authorized to perform painting services unless licensed AS A <--
13 LICENSED JOURNEYMAN PAINTER by the board.
14 (b) Business entities.--An individual, corporation,
15 partnership, firm or other entity shall not:
16 (1) Employ an individual to provide painting services or
17 direct an individual to provide painting services unless the
18 individual is licensed under this act OR THE INDIVIDUAL IS <--
19 EXEMPT FROM LICENSURE PURSUANT TO SUBSECTION (F).
20 (2) Use the term "professional painter" or "professional <--
21 painting contractor" in connection with the entity unless at
22 least one employee or the owner of the entity is licensed as
23 a professional painter in accordance with this act.
24 (c) Title.--An individual who holds a license as a
25 professional painter or is maintained on inactive status
26 pursuant to section 9(b) shall have the right to use the title
27 "licensed professional painter" or "professional painting
28 contractor" and the abbreviation "L.P.P." or "P.P.C." No other
29 individual shall use the title "licensed professional painter"
30 or "professional painting contractor" or the abbreviation
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1 "L.P.P." or "P.P.C." Except as provided in subsection (d), no
2 individual shall hold himself out as being authorized to provide
3 painting services.
4 (d) Exception.--A journeyman painter or an apprentice
5 painter may hold himself out as being authorized to perform
6 painting services if the journeyman painter or apprentice
7 painter works under the direction and supervision of a
8 professional painter.
9 (e) Responsibility.--A professional painter shall assume
10 full responsibility for the inspection of painting services. In
11 addition, a professional painter shall direct and supervise
12 painting services performed by a journeyman painter or an
13 apprentice painter.
14 Section 6. Qualifications.
15 (a) Professional painter.--To be eligible to apply for
16 licensure as a professional painter, an applicant must fulfill
17 the following requirements:
18 (1) Be of good moral character.
19 (2) Be at least 18 years of age.
20 (3) Pay the fee set by the board.
21 (4) Pass the examination provided by the board.
22 (5) Provide satisfactory proof to the board of the
23 acquisition of professional liability insurance in the amount
24 set by the board.
25 (b) Journeyman painter.--To be eligible for licensure as a
26 (2) USE THE TERM "LICENSED JOURNEYMAN PAINTER" IN <--
27 CONNECTION WITH THE ENTITY UNLESS AT LEAST ONE EMPLOYEE OR
28 THE OWNER OF THE ENTITY HOLDS A LICENSE AS A LICENSED
29 JOURNEYMAN PAINTER IN ACCORDANCE WITH THIS ACT.
30 (C) TITLE PROTECTION FOR LICENSED JOURNEYMAN PAINTERS.--AN
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1 INDIVIDUAL WHO HOLDS A LICENSE AS A LICENSED JOURNEYMAN PAINTER
2 OR IS MAINTAINED ON INACTIVE STATUS PURSUANT TO SECTION 9(B)
3 SHALL HAVE THE RIGHT TO USE THE TITLE "LICENSED JOURNEYMAN
4 PAINTER" AND THE ABBREVIATION "L.J.P." NO OTHER INDIVIDUAL SHALL
5 USE THE TITLE "LICENSED JOURNEYMAN PAINTER" OR THE ABBREVIATION
6 "L.J.P."
7 (D) LICENSED APPRENTICE PAINTER.--A LICENSED APPRENTICE
8 PAINTER MAY HOLD HIMSELF OUT AS BEING AUTHORIZED TO PERFORM
9 PAINTING SERVICES AND MAY PROVIDE SERVICES IF THE LICENSED
10 APPRENTICE PAINTER WORKS UNDER THE DIRECTION AND SUPERVISION OF
11 A LICENSED JOURNEYMAN PAINTER.
12 (E) TITLE PROTECTION FOR LICENSED APPRENTICE PAINTERS.--AN
13 INDIVIDUAL WHO HOLDS A LICENSE AS A LICENSED APPRENTICE PAINTER
14 OR IS MAINTAINED ON INACTIVE STATUS PURSUANT TO SECTION 9(B)
15 SHALL HAVE THE RIGHT TO USE THE TITLE "LICENSED APPRENTICE
16 PAINTER" AND THE ABBREVIATION "L.A.P." NO OTHER INDIVIDUAL SHALL
17 USE THE TITLE "LICENSED APPRENTICE PAINTER" OR THE ABBREVIATION
18 "L.A.P."
19 (F) EXCEPTIONS.--THE FOLLOWING ARE NOT REQUIRED TO BE
20 LICENSED UNDER THIS ACT:
21 (1) AN INDIVIDUAL WHO IS EMPLOYED TO PROVIDE PAINTING
22 SERVICES BUT WHO WORKS FEWER THAN 120 DAYS PROVIDING PAINTING
23 SERVICES IN A CALENDAR YEAR.
24 (2) AN INDIVIDUAL WHO IS ENROLLED AT A COLLEGE OR
25 UNIVERSITY AND WHO IS EMPLOYED PART TIME TO PROVIDE PAINTING
26 SERVICES. FOR PURPOSES OF THIS PARAGRAPH, "PART TIME" SHALL
27 MEAN THE INDIVIDUAL WORKS 20 OR FEWER HOURS IN A CALENDAR
28 WEEK.
29 (3) AN INDIVIDUAL WHO APPLIES PAINTS, VARNISHES,
30 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR
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1 WALL COVERINGS BY BRUSH, SPRAY OR ROLLER ON FOUR OR FEWER
2 RESIDENTIAL DWELLING UNITS IN A CALENDAR YEAR.
3 (4) AN INDIVIDUAL WHO VOLUNTEERS TO PROVIDE PAINTING
4 SERVICES FOR A NONPROFIT ORGANIZATION WHICH IS RECOGNIZED BY
5 THE INTERNAL REVENUE SERVICE PURSUANT TO SECTION 501(C)(3) OF
6 THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26
7 U.S.C. § 501(E)(3)).
8 (5) AN INDIVIDUAL WHO APPLIES PAINTS, VARNISHES,
9 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR
10 WALL COVERINGS, BY BRUSH, SPRAY OR ROLLER ON BUILDINGS,
11 STRUCTURES OR FACILITIES OWNED OR OPERATED BY THE FEDERAL
12 GOVERNMENT.
13 SECTION 6. QUALIFICATIONS.
14 (A) LIMITED JOURNEYMAN PAINTER.--TO BE ELIGIBLE FOR
15 LICENSURE AS A LICENSED journeyman painter, an applicant must
16 fulfill the following requirements:
17 (1) Be of good moral character.
18 (2) Be at least 18 years of age.
19 (3) Submit satisfactory proof to the board that the <--
20 applicant has provided painting services for not less than
21 three years as an apprentice painter or has served not less
22 than 6,000 hours as an apprentice painter. In no case shall
23 an individual be allowed to sit for the examination without
24 meeting one of the requirements of this paragraph.
25 (3) SUBMIT SATISFACTORY PROOF TO THE BOARD THAT THE <--
26 APPLICANT HAS DONE ONE OF THE FOLLOWING:
27 (I) SERVED FOR THREE YEARS OR HAS OBTAINED 6,000
28 HOURS AS A LICENSED APPRENTICE PAINTER.
29 (II) ACQUIRED EXPERIENCE EQUIVALENT TO THAT SET
30 FORTH IN SUBPARAGRAPH (I), AS DETERMINED BY REGULATION OF
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1 THE BOARD.
2 (4) Pay the fee set by the board.
3 (5) Pass the examination provided by the board. <--
4 (c) Apprentice painter.--To be eligible for licensure as an
5 (5) PASS THE LICENSURE EXAMINATION. <--
6 (6) IN THE CASE OF A LICENSED JOURNEYMAN PAINTER WHO
7 CONTRACTS OR INTENDS TO CONTRACT WITH A PERSON TO PERFORM
8 PAINTING SERVICES, SUBMIT PROOF SATISFACTORY TO THE BOARD OF
9 THE ACQUISITION OF PROFESSIONAL LIABILITY INSURANCE IN AN
10 AMOUNT SET BY THE BOARD.
11 (C) LICENSED APPRENTICE PAINTER.--TO BE ELIGIBLE FOR
12 LICENSURE AS A LICENSED apprentice painter, an applicant must
13 fulfill the following requirements:
14 (1) Be of good moral character.
15 (2) Be at least 16 years of age.
16 (3) Register with the Department of Labor and Industry
17 as set forth in the act of July 14, 1961 (P.L.604, No.304),
18 known as The Apprenticeship and Training Act. The apprentice <--
19 painter APPLICANT shall submit proof of current registration <--
20 to the board.
21 (4) Pay the fee set by the board.
22 (d) Renewal of license of LICENSED apprentice painter.--In <--
23 the case of an A LICENSED apprentice painter applying for <--
24 renewal of a license where registration under subsection (c)(3)
25 has expired or otherwise lapsed before the biennial renewal
26 cycle will expire, the LICENSED apprentice painter shall submit <--
27 evidence satisfactory to the board that the LICENSED apprentice <--
28 painter has renewed registration. Failure to notify the board
29 within 30 days that registration has expired or otherwise lapsed
30 shall subject the LICENSED apprentice painter to disciplinary <--
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1 action. In the case of an A LICENSED apprentice painter whose <--
2 registration has expired or otherwise lapsed, the license shall
3 immediately be placed on inactive status by the board. The board
4 shall promulgate regulations in order to carry out the
5 provisions of this subsection including regulations setting
6 forth the evidence necessary to demonstrate renewal of
7 registration.
8 (e) Waiver of examination.--Notwithstanding the provisions
9 of subsections (a)(4) and (b)(5) SUBSECTION (A)(5), the board <--
10 may grant a license to an individual applying to become either a <--
11 professional painter or a A LICENSED journeyman painter without <--
12 examination if:
13 (1) The individual applies within 180 days ONE YEAR of <--
14 the effective date of this section SECTION 5. <--
15 (2) The individual meets the requirements of age and
16 character and pays the required fee.
17 (3) For an individual applying for a license as a
18 professional LICENSED JOURNEYMAN painter under this <--
19 subsection, the individual submits proof satisfactory to the
20 board of
21 (i) Five years of prior experience providing <--
22 painting services within this Commonwealth.
23 (ii) Possession of a current business license as a
24 painter from a municipality or other agency recognized by
25 the board.
26 (4) For an individual applying for a license as a
27 journeyman painter under this subsection, the individual
28 submits satisfactory proof to the board of four years of
29 prior experience providing painting services under the
30 direction of an individual licensed as a painter by a
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1 municipality or other entity recognized by the board. FIVE <--
2 YEARS OF PRIOR EXPERIENCE PROVIDING PAINTING SERVICES WITHIN
3 THIS COMMONWEALTH.
4 (f) Convictions prohibited.--The board shall not issue a
5 license to an individual who has been convicted of a felonious
6 act prohibited by the act of April 14, 1972 (P.L.233, No.64),
7 known as The Controlled Substance, Drug, Device and Cosmetic
8 Act, or convicted of a felony relating to a controlled substance
9 in a court of law of the United States or any other state,
10 territory or country unless:
11 (1) At least ten years have elapsed from the date of
12 conviction.
13 (2) The individual satisfactorily demonstrates to the
14 board that the individual has made significant progress in
15 personal rehabilitation since the conviction such that
16 licensure of the individual should not be expected to create
17 a substantial risk of harm to the health and safety of the
18 public or a substantial risk of further criminal violations.
19 (3) The individual otherwise satisfies the
20 qualifications provided in this act. An individual's
21 statement on the application declaring the absence of a
22 conviction shall be deemed satisfactory evidence of the
23 absence of a conviction unless the board has some evidence to
24 the contrary.
25 Section 7. Continuing education.
26 (a) Regulations.--The board shall adopt, promulgate and
27 enforce rules and regulations consistent with the provisions of
28 this act establishing continuing education to be met by
29 individuals licensed as professional painters and journeyman <--
30 LICENSED JOURNEYMAN painters. Regulations shall include any fees <--
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1 necessary for the board to carry out its responsibilities under
2 this section. The board may waive all or part of the continuing
3 education requirement for a professional LICENSED painter or a <--
4 journeyman painter who shows evidence satisfactory to the board
5 that the individual was unable to complete the requirement due
6 to illness, emergency, military service or other hardship. All
7 courses, materials, locations and instructors shall be approved
8 by the board. No credit shall be given for a course in office
9 management or practice building.
10 (b) Requirement.--Beginning with the licensure period
11 designated by regulation, an individual applying for renewal of
12 a license as a professional painter or a LICENSED journeyman <--
13 painter shall be required to obtain six hours of continuing
14 education during the two calendar years immediately preceding
15 the application for renewal.
16 SECTION 7.1. LIABILITY INSURANCE. <--
17 AS A CONDITION OF BIENNIAL RENEWAL, A LICENSED JOURNEYMAN
18 PAINTER SHALL SUBMIT PROOF SATISFACTORY TO THE BOARD OF THE
19 ACQUISITION AND MAINTENANCE OF PROFESSIONAL LIABILITY INSURANCE
20 IN THE AMOUNT SET BY THE BOARD. IN THE CASE OF THE INSURANCE
21 BEING REVOKED, CANCELED OR OTHERWISE LAPSING, THE LICENSED
22 JOURNEYMAN PAINTER SHALL NOTIFY THE BOARD IN WRITING WITHIN 30
23 DAYS. IN SUCH A CASE, THE BOARD SHALL IMMEDIATELY PLACE THE
24 LICENSE OF A LICENSED JOURNEYMAN PAINTER ON INACTIVE STATUS.
25 FAILURE TO NOTIFY THE BOARD IN WRITING WITHIN 30 DAYS SHALL
26 SUBJECT THE LICENSED JOURNEYMAN PAINTER TO DISCIPLINARY ACTION.
27 Section 8. Professional painters PAINTERS in other states. <--
28 (a) Reciprocity established.--Subject to subsection (b), the
29 board may issue a license without examination to an individual
30 who is licensed as a professional painter or a LICENSED <--
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1 journeyman painter in any other state, territory or possession
2 of the United State if all of the following requirements are
3 met:
4 (1) The individual meets the requirements as to
5 character, age and absence of convictions.
6 (2) The individual pays the required fee.
7 (b) Requirement.--For an individual to be eligible to apply
8 for a license as a professional painter or a LICENSED journeyman <--
9 painter under subsection (a), the other state, territory or
10 possession of the United States must provide an opportunity for
11 reciprocal licensure which is substantially similar to the
12 opportunity provided by the Commonwealth under this section.
13 Section 9. Duration of license.
14 (a) Duration of license.--A license issued pursuant to this
15 act shall be on a biennial basis. The biennial expiration date
16 shall be established by regulation of the board. Application for
17 renewal of a license shall biennially be forwarded to an
18 individual holding a current license prior to the expiration
19 date of the current biennium. For individuals applying for
20 licensure as an A LICENSED apprentice painter, the application <--
21 form must indicate whether registration as an apprentice under
22 the act of July 14, 1961 (P.L.604, No.304), known as The
23 Apprenticeship and Training Act, has expired or otherwise lapsed
24 before the biennial renewal cycle will expire.
25 (b) Inactive status.--An individual licensed under this act
26 may request an application for inactive status. The application
27 form may be completed and returned to the board. Upon receipt of
28 an application, the individual shall be maintained on inactive
29 status without fee and shall be entitled to apply for a
30 licensure renewal at any time. An individual who requests the
20060H2727B4736 - 17 -
1 board to activate the individual's license and who has been on
2 inactive status shall, prior to receiving an active license,
3 satisfy the requirements of the board's regulations regarding
4 continuing education and remit the required fee. In the case of
5 an A LICENSED apprentice painter who is placed on inactive <--
6 status pursuant to section 6(d), the LICENSED apprentice painter <--
7 shall provide evidence to the board of renewal of registration
8 before the board may activate his license. The board shall
9 promulgate regulations to carry out the provisions of this
10 subsection.
11 Section 10. Reporting of multiple licensure.
12 A licensee who is licensed to perform painting services AS A <--
13 PAINTER in any other state, territory, possession of the United
14 States or country shall report this information to the board on
15 the biennial registration application. Any disciplinary action
16 taken in another state, territory, possession of the United
17 States or country shall be reported to the board on the biennial
18 registration application or within 90 days of final disposition,
19 whichever is sooner. Multiple licensure shall be noted by the
20 board on the individual's record, and such state, territory,
21 possession of the United States or country shall be notified by
22 the board of any disciplinary action taken against the licensee
23 in this Commonwealth.
24 Section 11. Fees, fines and civil penalties.
25 (a) Fees.--All fees required under this act shall be fixed
26 by the board by regulation and shall be subject to the act of
27 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
28 Act. If the revenues raised by the fees, fines and civil
29 penalties imposed under this act are not sufficient to meet
30 expenditures over a two-year period, the board shall increase
20060H2727B4736 - 18 -
1 those fees by regulation so that projected revenues will meet or
2 exceed projected expenditures.
3 (b) Fee increase.--If the Bureau of Professional and
4 Occupational Affairs determines that the fees established by the
5 board under subsection(a) are inadequate to meet the minimum
6 enforcement efforts required by this act, then the Bureau of
7 Professional and Occupational Affairs, after consultation with
8 the board and subject to the Regulatory Review Act, shall
9 increase the fees by regulation in an amount such that adequate
10 revenues are raised to meet the required enforcement effort.
11 (c) Account.--All fees, fines and civil penalties imposed in
12 accordance with this act shall be paid into the Professional
13 Licensure Augmentation Account established pursuant to and for
14 use in accordance with the act of July 1, 1978 (P.L.700,
15 No.124), known as the Bureau of Professional and Occupational
16 Affairs Fee Act.
17 (d) Renewal fee.--The board may charge a fee, as set by the
18 board by regulation, for licensure, for renewing licensure and
19 for other services of the board as permitted by this act or by
20 regulation.
21 Section 12. Violations.
22 (a) General rule.--An individual or the responsible officer
23 or employee of a corporation, partnership, firm or other entity
24 violating a provision of this act or a regulation of the board
25 commits a misdemeanor and, upon conviction, shall be sentenced
26 to pay a fine of not more than $1,000 or undergo imprisonment
27 for not more than six months for the first violation. For the
28 second and each subsequent conviction, the person convicted
29 shall be sentenced to pay a fine of not more than $2,000 or
30 imprisonment of not less than six months or more than one year,
20060H2727B4736 - 19 -
1 or both.
2 (b) Civil penalty.--In addition to any other civil remedy or
3 criminal penalty provided for in this act, the board by a vote
4 of the majority of the maximum number of the authorized
5 membership of the board as provided by law or by a vote of the
6 majority of the duly qualified and confirmed membership or a
7 minimum of five members, whichever is greater, may levy a civil
8 penalty up to $1,000 for any of the following:
9 (1) A licensee who violates a provision of this act.
10 (2) An individual who performs painting services in
11 violation of this act.
12 (3) An individual who holds himself out as an individual
13 authorized to perform painting services without being
14 properly licensed as provided in this act.
15 (4) The responsible officers or employees of a
16 corporation, partnership, firm or other entity violating a
17 provision of this act.
18 (c) Procedure.--The board shall levy the civil penalty set
19 forth in subsection (b) only after affording the accused the
20 opportunity for a hearing as provided in 2 Pa.C.S. (relating to
21 administrative law and procedure).
22 Section 13. Refusal to issue, suspend or revoke license.
23 (a) General rule.--The board may refuse to issue, suspend or
24 revoke a license in a case where the board finds:
25 (1) The licensee is negligent or incompetent in the
26 performance of painting services.
27 (2) The licensee is unable to perform painting services
28 with reasonable skill and safety by reason of mental or
29 physical illness or condition or physiological or
30 psychological dependence upon alcohol, hallucinogenic or
20060H2727B4736 - 20 -
1 narcotic drugs or other drugs which tend to impair judgment
2 or coordination, so long as such dependence shall continue.
3 In enforcing this paragraph, the board shall, upon probable
4 cause, have authority to compel a licensee to submit to a
5 mental or physical examination as designated by it. After
6 notice, hearing, adjudication and appeal, failure of a
7 licensee to submit to such examination when directed shall
8 constitute an admission of the allegations unless failure is
9 due to circumstances beyond the licensee's control,
10 consequent upon which a default and final order may be
11 entered without the taking of testimony or presentation of
12 evidence. A licensee affected under this paragraph shall at
13 reasonable intervals be afforded the opportunity to
14 demonstrate that he can resume competent, safe and skillful
15 performance of painting services.
16 (3) The licensee has violated any of the provisions of
17 this act or a regulation of the board.
18 (4) The licensee has committed fraud or deceit in:
19 (i) the performance of painting services; or
20 (ii) securing licensure.
21 (5) The licensee has been convicted of a felony or a
22 crime of moral turpitude or received probation without
23 verdict, disposition in lieu of trial or an Accelerated
24 Rehabilitative Disposition in the disposition of felony
25 charges, in the courts of this Commonwealth, the United
26 States, another state, territory, possession of the United
27 States or country.
28 (6) The PAINTING licensee has had his license suspended <--
29 or revoked or has received other disciplinary action by the
30 proper licensing authority in another state, territory,
20060H2727B4736 - 21 -
1 possession of the United States or country.
2 (7) With respect to the performance of painting
3 services, the licensee has acted in such a manner as to
4 present an immediate and clear danger to health, safety or
5 property.
6 (8) With respect to a professional painter, the <--
7 professional painter failed to properly direct and supervise
8 a journeyman painter or an apprentice painter.
9 (8) WITH RESPECT TO A LICENSED JOURNEYMAN PAINTER WHO IS <--
10 REQUIRED TO ACQUIRE PROFESSIONAL LIABILITY INSURANCE AS SET
11 FORTH IN SECTION 6(A)(6), THE LICENSED JOURNEYMAN PAINTER
12 FAILED TO PROPERLY DIRECT AND SUPERVISE THE PERFORMANCE OF
13 PAINTING SERVICES.
14 (9) The licensee possessed, used, acquired or
15 distributed a controlled substance.
16 (10) The licensee has been guilty of unprofessional
17 conduct. Unprofessional conduct shall include departure from
18 or failing to conform to operating practices or professional
19 standards embraced by the professional LICENSED JOURNEYMAN <--
20 painters' community in this Commonwealth. In a proceeding <--
21 based on this paragraph, actual injury to a person or damage
22 to property need not be established. IN ADDITION, <--
23 UNPROFESSIONAL CONDUCT SHALL INCLUDE DEPARTURE FROM OR
24 FAILING TO CONFORM TO OPERATING PRACTICES OR PROFESSIONAL
25 STANDARDS EMBRACED BY THE STEEL STRUCTURE PAINTING COUNCIL
26 AND THE NATIONAL ASSOCIATION OF CORROSION ENGINEERS, FEDERAL
27 AND STATE LAWS ADDRESSING THE PROPER USE AND DISPOSAL OF
28 TOXIC OR HAZARDOUS SUBSTANCES, APPLICABLE STANDARDS
29 PROMULGATED BY THE OCCUPATIONAL SAFETY AND HEALTH
30 ADMINISTRATION AND APPLICABLE MUNICIPAL ORDINANCES RELATING
20060H2727B4736 - 22 -
1 TO HEALTH AND SAFETY.
2 (11) The licensee falsely advertised or made misleading,
3 deceptive, untrue or fraudulent material representations
4 regarding licensure or in the performance of painting
5 services.
6 (12) Unless waived by the board in accordance with
7 section 7, the licensee failed to satisfy the continuing
8 education requirements of this act.
9 (b) Acts authorized.--When the board finds that the license
10 of an individual may be refused, suspended or revoked pursuant
11 to subsection (a), the board may:
12 (1) Deny the application for a license.
13 (2) Administer a public reprimand.
14 (3) Suspend, revoke, limit or otherwise restrict a
15 license.
16 (4) Suspend enforcement of its finding and place a
17 licensee on probation with the right to vacate the
18 probationary order for noncompliance.
19 (5) Restore or reissue, at its discretion, a suspended
20 license and impose any disciplinary or corrective measure
21 which it might originally have imposed.
22 Section 14. Suspensions and revocations.
23 A suspension or revocation shall be made only in accordance
24 with the regulations of the board and only by majority vote of
25 the members of the board after a full and fair hearing. An
26 action of the board shall be taken subject to the right of
27 notice, hearing and adjudication, and the right of appeal, in
28 accordance with the provisions of 2 Pa.C.S. (relating to
29 administrative law and procedure). The board, by majority action
30 and in accordance with its regulations, may reissue a license
20060H2727B4736 - 23 -
1 which has been suspended. If a license has been revoked, the
2 board shall reissue a license only in accordance with section
3 16.
4 Section 15. Temporary and automatic suspensions.
5 (a) General rule.--A license issued under this act may be
6 temporarily suspended under circumstances determined by the
7 board to be an immediate and clear danger to public health,
8 safety or property. The board shall issue an order to that
9 effect without a hearing, but upon due notice, to the licensee
10 concerned at the licensee's last known address, which shall
11 include a written statement of all allegations against the
12 licensee. The provisions of section 14 shall not apply to
13 temporary suspension. The board shall commence formal action to
14 suspend, revoke or restrict the license of the individual as
15 otherwise provided for in this act. All actions shall be taken
16 promptly and without delay. Within 30 days following the
17 issuance of an order temporarily suspending a license, the board
18 shall conduct or cause to be conducted a preliminary hearing to
19 determine if there is a prima facie case supporting the
20 suspension. The individual whose license has been temporarily
21 suspended may be present at the preliminary hearing and may be
22 represented by counsel, cross-examine witnesses, inspect
23 physical evidence, call witnesses, offer evidence and testimony
24 and make a record of the proceedings. If it is determined that
25 there is not a prima facie case, the suspended license shall be
26 immediately restored. The temporary suspension shall remain in
27 effect until vacated by the board, but in no event longer than
28 180 days.
29 (b) Commitment of licensee.--A license issued under this act
30 shall automatically be suspended upon the legal commitment of a
20060H2727B4736 - 24 -
1 licensee to an institution because of mental incompetence from
2 any cause upon filing with the board a certified copy of such
3 commitment, conviction of a felony under the act of April 14,
4 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
5 Device and Cosmetic Act, or conviction of an offense under the
6 laws of another jurisdiction, which, if committed in this
7 Commonwealth, would be a felony under The Controlled Substance,
8 Drug, Device and Cosmetic Act. Automatic suspension under this
9 subsection shall not be stayed pending an appeal of a
10 conviction. Restoration of the license shall be made as provided
11 in the case of revocation or suspension of a license.
12 Section 16. Reinstatement of license.
13 Unless ordered to do so by Commonwealth Court or an appeal
14 therefrom, the board shall not reinstate the license of an
15 individual which has been revoked. An individual whose license
16 has been revoked may reapply for a license, after a period of at
17 least five years, but must meet all of the licensing
18 requirements of this act.
19 Section 17. Surrender of suspended or revoked license.
20 The board shall require an individual whose license has been
21 suspended or revoked to return the license in such manner as the
22 board directs. Failure to do so, and upon conviction thereof,
23 shall be a misdemeanor of the third degree.
24 Section 18. Injunction.
25 Whenever, in the judgment of the board, a person has engaged
26 in an act or practice which constitutes or will constitute a
27 violation of this act, the board or its agents may make
28 application to the appropriate court for an order enjoining such
29 act or practice. Upon a showing by the board that the person has
30 engaged or is about to engage in such act or practice, an
20060H2727B4736 - 25 -
1 injunction, restraining order or such order as may be
2 appropriate, shall be granted by the court. The remedy by
3 injunction is in addition to any other civil or criminal
4 prosecution and punishment.
5 Section 19. Subpoenas and oaths.
6 (a) Authority granted.--The board shall have the authority
7 to issue subpoenas, upon application of an attorney responsible
8 for representing the Commonwealth in disciplinary matters before
9 the board, for the purpose of investigating alleged violations
10 of the act or regulation of the board. The board shall have the
11 power to subpoena witnesses, to administer oaths, to examine
12 witnesses and to take such testimony or compel the production of
13 such books, records, papers and documents as it may deem
14 necessary or proper in and pertinent to any proceeding,
15 investigation or hearing held or had by it. The board is
16 authorized to apply to Commonwealth Court to enforce its
17 subpoenas. The court may impose limitations in the scope of the
18 subpoena as is necessary to prevent unnecessary intrusion into
19 client confidential information.
20 (b) Disciplinary matters.--An attorney responsible for
21 representing the Commonwealth in disciplinary matters before the
22 board shall notify the board immediately upon receiving <--
23 notification of an alleged violation of this act or a regulation
24 of the board. The board shall maintain current records of all
25 reported alleged violations and periodically review the records
26 for the purpose of determining that each alleged violation has
27 been resolved in a timely manner. MAINTAIN CURRENT RECORDS OF <--
28 ALL REPORTED ALLEGED VIOLATIONS AND SHALL PERIODICALLY REVIEW
29 THE RECORDS FOR THE PURPOSE OF DETERMINING THAT EACH VIOLATION
30 HAS BEEN RESOLVED IN A TIMELY MANNER.
20060H2727B4736 - 26 -
1 Section 20. Municipalities.
2 (a) Municipal license prohibited.--Licensure under this act
3 shall be acceptable to a municipality in this Commonwealth as
4 proof of competence to perform painting services and no
5 municipality may require an individual licensed under this act
6 to obtain an additional license to perform painting services.
7 UNLESS OTHERWISE PROVIDED IN THIS ACT, ANY LOCAL ORDINANCE OR <--
8 REGULATION CONCERNING THE QUALIFICATIONS, FITNESS AND COMPETENCE
9 OF INDIVIDUALS TO PERFORM PAINTING SERVICES IS PREEMPTED AND
10 SUPERSEDED.
11 (b) Certain powers preserved.--Nothing in this act shall be
12 construed to prevent a municipality from doing any of the
13 following:
14 (1) Levying lawful taxes and fees.
15 (2) Requiring the purchase of a business privilege
16 license that is unrelated to demonstrating competence in the
17 performance of painting services.
18 (3) Denying or revoking local permits for failure to <--
19 comply with ordinances.
20 (3) DENYING OR REVOKING PERMITS FOR FAILING TO COMPLY <--
21 WITH ORDINANCES WHICH ARE NOT INCONSISTENT WITH THIS ACT OR
22 REGULATION OF THE BOARD.
23 (4) ENFORCING ORDINANCES RELATED TO HEALTH AND SAFETY.
24 (5) PURSUANT TO AN ORDINANCE, INSPECTING OR REGULATING
25 THE MANNER IN WHICH PAINTING SERVICES ARE PERFORMED.
26 Section 21. Appropriation.
27 The sum of $85,000 or as much as may be necessary is
28 appropriated from the Professional Licensure Augmentation
29 Account to the Department of State for the payment of costs
30 associated with processing licenses and renewing licenses, for
20060H2727B4736 - 27 -
1 the operation of the State Board of Professional LICENSED <--
2 Painters and for other costs associated with this act. The
3 appropriation shall be repaid by the board within three years of
4 the beginning of issuance of licenses by the board.
5 Section 22. Regulations.
6 Within 18 months of the effective date of this section, the
7 board shall promulgate regulations to carry out this act.
8 Section 23. Severability.
9 The provisions of this act are severable. If any provision of
10 this act or its application to any person or circumstance is
11 held invalid, the invalidity shall not affect other provisions
12 or applications of this act which can be given effect without
13 the invalid provision or application.
14 Section 24. Effective date.
15 This act shall take effect as follows:
16 (1) This section shall take effect immediately.
17 (2) Section 5 shall take effect in 180 days THREE YEARS. <--
18 (3) The remainder of this act shall take effect in 60
19 days.
E31L63BIL/20060H2727B4736 - 28 -