CORRECTIVE REPRINT PRIOR PRINTER'S NOS. 4149, 4736 PRINTER'S NO. 4812
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.
1 Section 10. Reporting of multiple licensure. 2 Section 11. Fees, fines and civil penalties. 3 Section 12. Violations. 4 Section 13. Refusal to issue, suspend or revoke license. 5 Section 14. Suspensions and revocations. 6 Section 15. Temporary and automatic suspensions. 7 Section 16. Reinstatement of license. 8 Section 17. Surrender of suspended or revoked license. 9 Section 18. Injunction. 10 Section 19. Subpoenas and oaths. 11 Section 20. Municipalities. 12 Section 21. Appropriation. 13 Section 22. Regulations. 14 Section 23. Severability. 15 Section 24. Effective date. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Short title. 19 This act shall be known and may be cited as the Professional <-- 20 Painters Licensure Act. 21 Section 2. Definitions. 22 The following words and phrases when used in this act shall 23 have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 "Apprentice painter." An individual who is registered as an <-- 26 apprentice under the act of July 14, 1961 (P.L.604, No.304), 27 known as The Apprenticeship and Training Act, and who is 28 licensed by the State Board of Professional Painters as an 29 individual whose principle occupation is learning and assisting 30 in the performance of painting services. 20060H2727B4812 - 2 -
1 "Board." The State Board of Professional LICENSED Painters. <-- 2 "COMMERCIAL PROPERTY." ANY OF THE FOLLOWING: <-- 3 (1) A BUILDING, STRUCTURE OR FACILITY, OR PORTION 4 THEREOF, WHICH IS USED, OCCUPIED OR INTENDED, ARRANGED OR 5 DESIGNED TO BE USED FOR THE PURPOSE OF OPERATING A BUSINESS, 6 OFFICE, MANUFACTORY OR PUBLIC ACCOMMODATION. 7 (2) FIVE OR MORE RESIDENTIAL DWELLING UNITS. 8 "Commissioner." The Commissioner of the Bureau of 9 Professional and Occupational Affairs within the Department of 10 State. 11 "Conviction." The term includes a judgment, an admission of 12 guilt or a plea of nolo contendere. 13 "Department." The Department of State of the Commonwealth. 14 "Journeyman painter." An individual who is licensed by the <-- 15 State Board of Professional Painters to assist a professional 16 painter with the performance of painting services. 17 "Painting services." The application of paints, varnishes, 18 protective coatings, shellacs, stains and other pigments or wall 19 coverings, by brush, spray or roller where the application is 20 provided for remuneration. The term does not include the 21 application of paints, varnishes, protective coatings, shellacs, 22 stains and other pigments or wall coverings, by brush, spray or 23 roller where the application is not performed for remuneration. 24 The term also does not include artwork created by a commercial 25 or fine artist. 26 "Professional painter" or "professional painting contractor." 27 An individual who is licensed by the State Board of Professional 28 Painters and is authorized to perform painting services. 29 "LICENSED APPRENTICE PAINTER." AN INDIVIDUAL WHO IS <-- 30 REGISTERED AS AN APPRENTICE UNDER THE ACT OF JULY 14, 1961 20060H2727B4812 - 3 -
1 (P.L.604, NO.304), KNOWN AS THE APPRENTICESHIP AND TRAINING ACT, 2 AND WHO IS LICENSED BY THE STATE BOARD OF LICENSED PAINTERS AS 3 AN INDIVIDUAL WHOSE PRINCIPAL OCCUPATION IS LEARNING AND 4 ASSISTING IN THE PERFORMANCE OF PAINTING SERVICES. 5 "LICENSED JOURNEYMAN PAINTER." AN INDIVIDUAL WHO IS LICENSED 6 BY THE STATE BOARD OF LICENSED PAINTERS AND WHO IS AUTHORIZED TO 7 PERFORM PAINTING SERVICES. 8 "PAINTING SERVICES." THE APPLICATION OF PAINTS, VARNISHES, 9 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR WALL 10 COVERINGS, BY BRUSH, SPRAY OR ROLLER WHERE THE APPLICATION IS ON 11 COMMERCIAL PROPERTY. THE TERM DOES NOT INCLUDE THE APPLICATION 12 OF PAINTS, VARNISHES, PROTECTIVE COATINGS, SHELLACS, STAINS AND 13 PIGMENTS OR WALL COVERINGS, BY BRUSH, SPRAY OR ROLLER WHERE THE 14 APPLICATION IS ON RESIDENTIAL PROPERTY. THE TERM ALSO DOES NOT 15 INCLUDE ARTWORK CREATED BY A COMMERCIAL OR FINE ARTIST, STENCILS 16 OR OTHER ARTWORK USED TO DECORATE THE INTERIOR OF COMMERCIAL OR 17 RESIDENTIAL PROPERTY. 18 "RESIDENTIAL DWELLING UNIT." INCLUDES A DWELLING HOUSE, AN 19 APARTMENT, A TOWNHOUSE OR ANY OTHER TYPE OF STRUCTURE WHICH IS 20 INTENDED FOR RESIDENTIAL USE. THE TERM SHALL ALSO INCLUDE A BARN 21 OR OTHER STRUCTURE ON A FARM. 22 "RESIDENTIAL PROPERTY." FEWER THAN FIVE RESIDENTIAL DWELLING 23 UNITS. 24 Section 3. State Board of Professional LICENSED Painters. <-- 25 (a) Establishment.--There is hereby established the State 26 Board of Professional LICENSED Painters within the department. <-- 27 (b) Composition.--The board shall consist of the following: 28 (1) The commissioner. 29 (2) Two public members. 30 (3) Six professional members. The professional members 20060H2727B4812 - 4 -
1 shall have been actively engaged in providing painting
2 services in this Commonwealth for the ten years immediately
3 preceding appointment. Two professional members shall reside
4 in a county of the first class. One professional member shall
5 reside in a county of the second class. Three professional
6 members shall be subject to collective bargaining agreements.
7 Three professional members shall not be subject to collective
8 bargaining agreements. Except as set forth in subsection (f),
9 professional members shall be licensed under this act as
10 professional LICENSED JOURNEYMAN painters. <--
11 (c) Meeting.--The board shall meet within 30 days after the
12 appointment of its first members and shall set up operating
13 procedures and develop application forms for licensure. It shall
14 be the responsibility of the board to circulate the forms and
15 educate the public regarding the requirements of this act and
16 providing painting services in this Commonwealth.
17 (d) Term of membership.--Professional and public members
18 shall be appointed by the Governor with the advice and consent
19 of the Senate. Professional and public members shall be citizens
20 of the United States and residents of this Commonwealth. Except
21 as provided in subsection (e), a professional or public member
22 shall serve a term of four years, or until a successor has been
23 appointed and qualified but in no event longer than six months
24 beyond the four-year period. In the event that a member dies or
25 resigns or otherwise is disqualified during the member's term of
26 office, a successor shall be appointed in the same way and with
27 the same qualifications and shall hold office for the remainder
28 of the unexpired term. A professional or public member shall not
29 be eligible to hold more than two consecutive terms.
30 (e) Initial appointments.--For professional and public
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1 members initially appointed to the board pursuant to this act, 2 the term of office shall be as follows: 3 (1) Five members shall serve for a term of four years. 4 (2) Two members shall serve for a term of three years. 5 (3) One member shall serve for a term of two years. 6 (f) Professional members and initial appointments.--A 7 professional member initially appointed to the board pursuant to 8 this act need not be licensed at the time of appointment but 9 must have satisfied eligibility requirements for licensure as 10 provided in this act. 11 (g) Quorum.--A majority of the members of the board shall 12 constitute a quorum. Except for temporary and automatic 13 suspensions under section 15, a member may not be counted as 14 part of a quorum or vote on any issue unless the member is 15 physically in attendance at the meeting. 16 (h) Chairman.--The board shall annually select a chairman 17 from among its members. The board, with the approval of the <-- 18 commissioner, shall select and fix the compensation of an 19 executive secretary who shall be responsible for the day-to-day 20 operation of the board and administration of the board's 21 activities. 22 (i) Expenses.--With the exception of the commissioner, each 23 member of the board shall receive $60 per diem when actually 24 attending to the work of the board. A member shall also receive 25 the amount of reasonable travel, hotel and other necessary 26 expenses incurred in the performance of the member's duties in 27 accordance with Commonwealth regulations. 28 (j) Forfeiture.--A professional or public member who fails 29 to attend three consecutive meetings shall forfeit his seat 30 unless the commissioner, upon written request from the member, 20060H2727B4812 - 6 -
1 finds the member should be excused from a meeting because of 2 illness or the death of a family member. 3 (k) Training seminars.--A public member who fails to attend 4 two consecutive statutorily mandated training seminars in 5 accordance with section 813(e) of the act of April 9, 1929 6 (P.L.177, No.175), known as The Administrative Code of 1929, 7 shall forfeit his seat unless the commissioner, upon written 8 request from the public member, finds that the public member 9 should be excused from a meeting because of illness or the death 10 of a family member. 11 (l) Frequency of meetings.--The board shall meet at least 12 four times a year in the City of Harrisburg and at such 13 additional times as may be necessary to conduct the business of 14 the board. 15 Section 4. Powers and duties of board. 16 (a) General rule.--The board shall have the following powers 17 and duties: 18 (1) To provide for and regulate the licensing of 19 individuals engaged in providing painting services. 20 (2) To issue, renew, reinstate, fail to renew, suspend 21 and revoke licenses as provided for in this act. 22 (3) To administer and enforce the provisions of this 23 act. 24 (4) To contract with a professional testing organization 25 to administer tests to qualified applicants for licensure as 26 provided in this act. Written, oral or practical examinations 27 shall be prepared and administered by a qualified and 28 approved professional testing organization in the manner 29 prescribed for written examinations by section 812.1 of the 30 act of April 9, 1929 (P.L.177, No.175), known as The 20060H2727B4812 - 7 -
1 Administrative Code of 1929.
2 (5) To investigate applications for licensure and to
3 determine the eligibility of an individual applying for
4 licensure.
5 (6) To promulgate and enforce regulations, not
6 inconsistent with this act, as necessary only to carry out
7 the provisions of this act. This paragraph includes the
8 setting of fees and setting the amount of professional
9 liability insurance required by professional painters <--
10 LICENSED JOURNEYMAN PAINTERS AS SET FORTH IN THIS ACT. <--
11 Regulations shall be adopted in conformity with the
12 provisions of the act of July 31, 1968 (P.L.769, No.240),
13 referred to as the Commonwealth Documents Law, and the act of
14 June 25, 1982 (P.L.633, No.181), known as the Regulatory
15 Review Act.
16 (7) To keep minutes and records of all transactions and
17 proceedings.
18 (8) To keep and maintain a registry of individuals
19 licensed by the board. The board shall provide access to the
20 registry to the public, including making the registry
21 available via electronic means.
22 (9) To submit annually to the department an estimate of
23 financial requirements of the board for its administrative,
24 legal and other expenses.
25 (10) To submit annually a report to the Consumer
26 Protection and Professional Licensure Committee of the Senate
27 and the Professional Licensure Committee of the House of
28 Representatives. The report shall include a description of
29 the types of complaints received, status of cases, the action
30 which has been taken and the length of time from initial
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1 complaint to final resolution. 2 (11) To submit annually to the Appropriations Committee 3 of the Senate and the Appropriations Committee of the House 4 of Representatives, 15 days after the Governor has submitted 5 a budget to the General Assembly, a copy of the budget 6 request for the upcoming fiscal year which the board 7 previously submitted to the department. 8 Section 5. Licensure. 9 (a) General rule.--Except as provided in subsection (d), <-- 10 SUBSECTIONS (D) AND (F), an individual may not provide painting <-- 11 services, offer himself for employment as an individual who may 12 provide painting services or hold himself out as an individual 13 authorized to perform painting services unless licensed AS A <-- 14 LICENSED JOURNEYMAN PAINTER by the board. 15 (b) Business entities.--An individual, corporation, 16 partnership, firm or other entity shall not: 17 (1) Employ an individual to provide painting services or 18 direct an individual to provide painting services unless the 19 individual is licensed under this act OR THE INDIVIDUAL IS <-- 20 EXEMPT FROM LICENSURE PURSUANT TO SUBSECTION (F). 21 (2) Use the term "professional painter" or "professional <-- 22 painting contractor" in connection with the entity unless at 23 least one employee or the owner of the entity is licensed as 24 a professional painter in accordance with this act. 25 (c) Title.--An individual who holds a license as a 26 professional painter or is maintained on inactive status 27 pursuant to section 9(b) shall have the right to use the title 28 "licensed professional painter" or "professional painting 29 contractor" and the abbreviation "L.P.P." or "P.P.C." No other 30 individual shall use the title "licensed professional painter" 20060H2727B4812 - 9 -
1 or "professional painting contractor" or the abbreviation 2 "L.P.P." or "P.P.C." Except as provided in subsection (d), no 3 individual shall hold himself out as being authorized to provide 4 painting services. 5 (d) Exception.--A journeyman painter or an apprentice 6 painter may hold himself out as being authorized to perform 7 painting services if the journeyman painter or apprentice 8 painter works under the direction and supervision of a 9 professional painter. 10 (e) Responsibility.--A professional painter shall assume 11 full responsibility for the inspection of painting services. In 12 addition, a professional painter shall direct and supervise 13 painting services performed by a journeyman painter or an 14 apprentice painter. 15 Section 6. Qualifications. 16 (a) Professional painter.--To be eligible to apply for 17 licensure as a professional painter, an applicant must fulfill 18 the following requirements: 19 (1) Be of good moral character. 20 (2) Be at least 18 years of age. 21 (3) Pay the fee set by the board. 22 (4) Pass the examination provided by the board. 23 (5) Provide satisfactory proof to the board of the 24 acquisition of professional liability insurance in the amount 25 set by the board. 26 (b) Journeyman painter.--To be eligible for licensure as a 27 (2) USE THE TERM "LICENSED JOURNEYMAN PAINTER" IN <-- 28 CONNECTION WITH THE ENTITY UNLESS AT LEAST ONE EMPLOYEE OR 29 THE OWNER OF THE ENTITY HOLDS A LICENSE AS A LICENSED 30 JOURNEYMAN PAINTER IN ACCORDANCE WITH THIS ACT. 20060H2727B4812 - 10 -
1 (C) TITLE PROTECTION FOR LICENSED JOURNEYMAN PAINTERS.--AN 2 INDIVIDUAL WHO HOLDS A LICENSE AS A LICENSED JOURNEYMAN PAINTER 3 OR IS MAINTAINED ON INACTIVE STATUS PURSUANT TO SECTION 9(B) 4 SHALL HAVE THE RIGHT TO USE THE TITLE "LICENSED JOURNEYMAN 5 PAINTER" AND THE ABBREVIATION "L.J.P." NO OTHER INDIVIDUAL SHALL 6 USE THE TITLE "LICENSED JOURNEYMAN PAINTER" OR THE ABBREVIATION 7 "L.J.P." 8 (D) LICENSED APPRENTICE PAINTER.--A LICENSED APPRENTICE 9 PAINTER MAY HOLD HIMSELF OUT AS BEING AUTHORIZED TO PERFORM 10 PAINTING SERVICES AND MAY PROVIDE SERVICES IF THE LICENSED 11 APPRENTICE PAINTER WORKS UNDER THE DIRECTION AND SUPERVISION OF 12 A LICENSED JOURNEYMAN PAINTER. 13 (E) TITLE PROTECTION FOR LICENSED APPRENTICE PAINTERS.--AN 14 INDIVIDUAL WHO HOLDS A LICENSE AS A LICENSED APPRENTICE PAINTER 15 OR IS MAINTAINED ON INACTIVE STATUS PURSUANT TO SECTION 9(B) 16 SHALL HAVE THE RIGHT TO USE THE TITLE "LICENSED APPRENTICE 17 PAINTER" AND THE ABBREVIATION "L.A.P." NO OTHER INDIVIDUAL SHALL 18 USE THE TITLE "LICENSED APPRENTICE PAINTER" OR THE ABBREVIATION 19 "L.A.P." 20 (F) EXCEPTIONS.--THE FOLLOWING ARE NOT REQUIRED TO BE 21 LICENSED UNDER THIS ACT: 22 (1) AN INDIVIDUAL WHO IS EMPLOYED TO PROVIDE PAINTING 23 SERVICES BUT WHO WORKS FEWER THAN 120 DAYS PROVIDING PAINTING 24 SERVICES IN A CALENDAR YEAR. 25 (2) AN INDIVIDUAL WHO IS ENROLLED AT A COLLEGE OR 26 UNIVERSITY AND WHO IS EMPLOYED PART TIME TO PROVIDE PAINTING 27 SERVICES. FOR PURPOSES OF THIS PARAGRAPH, "PART TIME" SHALL 28 MEAN THE INDIVIDUAL WORKS 20 OR FEWER HOURS IN A CALENDAR 29 WEEK. 30 (3) AN INDIVIDUAL WHO APPLIES PAINTS, VARNISHES, 20060H2727B4812 - 11 -
1 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR 2 WALL COVERINGS BY BRUSH, SPRAY OR ROLLER ON FOUR OR FEWER 3 RESIDENTIAL DWELLING UNITS IN A CALENDAR YEAR. 4 (4) AN INDIVIDUAL WHO VOLUNTEERS TO PROVIDE PAINTING 5 SERVICES FOR A NONPROFIT ORGANIZATION WHICH IS RECOGNIZED BY 6 THE INTERNAL REVENUE SERVICE PURSUANT TO SECTION 501(C)(3) OF 7 THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 8 U.S.C. § 501(E)(3)). 9 (5) AN INDIVIDUAL WHO APPLIES PAINTS, VARNISHES, 10 PROTECTIVE COATINGS, SHELLACS, STAINS AND OTHER PIGMENTS OR 11 WALL COVERINGS, BY BRUSH, SPRAY OR ROLLER ON BUILDINGS, 12 STRUCTURES OR FACILITIES OWNED OR OPERATED BY THE FEDERAL 13 GOVERNMENT. 14 SECTION 6. QUALIFICATIONS. 15 (A) LICENSED JOURNEYMAN PAINTER.--TO BE ELIGIBLE FOR 16 LICENSURE AS A LICENSED journeyman painter, an applicant must 17 fulfill the following requirements: 18 (1) Be of good moral character. 19 (2) Be at least 18 years of age. 20 (3) Submit satisfactory proof to the board that the <-- 21 applicant has provided painting services for not less than 22 three years as an apprentice painter or has served not less 23 than 6,000 hours as an apprentice painter. In no case shall 24 an individual be allowed to sit for the examination without 25 meeting one of the requirements of this paragraph. 26 (3) SUBMIT SATISFACTORY PROOF TO THE BOARD THAT THE <-- 27 APPLICANT HAS DONE ONE OF THE FOLLOWING: 28 (I) SERVED FOR THREE YEARS OR HAS OBTAINED 6,000 29 HOURS AS A LICENSED APPRENTICE PAINTER. 30 (II) ACQUIRED EXPERIENCE EQUIVALENT TO THAT SET 20060H2727B4812 - 12 -
1 FORTH IN SUBPARAGRAPH (I), AS DETERMINED BY REGULATION OF 2 THE BOARD. 3 (4) Pay the fee set by the board. 4 (5) Pass the examination provided by the board. <-- 5 (c) Apprentice painter.--To be eligible for licensure as an 6 (5) PASS THE LICENSURE EXAMINATION. <-- 7 (6) IN THE CASE OF A LICENSED JOURNEYMAN PAINTER WHO 8 CONTRACTS OR INTENDS TO CONTRACT WITH A PERSON TO PERFORM 9 PAINTING SERVICES, SUBMIT PROOF SATISFACTORY TO THE BOARD OF 10 THE ACQUISITION OF PROFESSIONAL LIABILITY INSURANCE IN AN 11 AMOUNT SET BY THE BOARD. 12 (C) LICENSED APPRENTICE PAINTER.--TO BE ELIGIBLE FOR 13 LICENSURE AS A LICENSED apprentice painter, an applicant must 14 fulfill the following requirements: 15 (1) Be of good moral character. 16 (2) Be at least 16 years of age. 17 (3) Register with the Department of Labor and Industry 18 as set forth in the act of July 14, 1961 (P.L.604, No.304), 19 known as The Apprenticeship and Training Act. The apprentice <-- 20 painter APPLICANT shall submit proof of current registration <-- 21 to the board. 22 (4) Pay the fee set by the board. 23 (d) Renewal of license of LICENSED apprentice painter.--In <-- 24 the case of an A LICENSED apprentice painter applying for <-- 25 renewal of a license where registration under subsection (c)(3) 26 has expired or otherwise lapsed before the biennial renewal 27 cycle will expire, the LICENSED apprentice painter shall submit <-- 28 evidence satisfactory to the board that the LICENSED apprentice <-- 29 painter has renewed registration. Failure to notify the board 30 within 30 days that registration has expired or otherwise lapsed 20060H2727B4812 - 13 -
1 shall subject the LICENSED apprentice painter to disciplinary <-- 2 action. In the case of an A LICENSED apprentice painter whose <-- 3 registration has expired or otherwise lapsed, the license shall 4 immediately be placed on inactive status by the board. The board 5 shall promulgate regulations in order to carry out the 6 provisions of this subsection including regulations setting 7 forth the evidence necessary to demonstrate renewal of 8 registration. 9 (e) Waiver of examination.--Notwithstanding the provisions 10 of subsections (a)(4) and (b)(5) SUBSECTION (A)(5), the board <-- 11 may grant a license to an individual applying to become either a <-- 12 professional painter or a A LICENSED journeyman painter without <-- 13 examination if: 14 (1) The individual applies within 180 days ONE YEAR of <-- 15 the effective date of this section SECTION 5. <-- 16 (2) The individual meets the requirements of age and 17 character and pays the required fee. 18 (3) For an individual applying for a license as a 19 professional LICENSED JOURNEYMAN painter under this <-- 20 subsection, the individual submits proof satisfactory to the 21 board of 22 (i) Five years of prior experience providing <-- 23 painting services within this Commonwealth. 24 (ii) Possession of a current business license as a 25 painter from a municipality or other agency recognized by 26 the board. 27 (4) For an individual applying for a license as a 28 journeyman painter under this subsection, the individual 29 submits satisfactory proof to the board of four years of 30 prior experience providing painting services under the 20060H2727B4812 - 14 -
1 direction of an individual licensed as a painter by a 2 municipality or other entity recognized by the board. FIVE <-- 3 YEARS OF PRIOR EXPERIENCE PROVIDING PAINTING SERVICES WITHIN 4 THIS COMMONWEALTH. 5 (f) Convictions prohibited.--The board shall not issue a 6 license to an individual who has been convicted of a felonious 7 act prohibited by the act of April 14, 1972 (P.L.233, No.64), 8 known as The Controlled Substance, Drug, Device and Cosmetic 9 Act, or convicted of a felony relating to a controlled substance 10 in a court of law of the United States or any other state, 11 territory or country unless: 12 (1) At least ten years have elapsed from the date of 13 conviction. 14 (2) The individual satisfactorily demonstrates to the 15 board that the individual has made significant progress in 16 personal rehabilitation since the conviction such that 17 licensure of the individual should not be expected to create 18 a substantial risk of harm to the health and safety of the 19 public or a substantial risk of further criminal violations. 20 (3) The individual otherwise satisfies the 21 qualifications provided in this act. An individual's 22 statement on the application declaring the absence of a 23 conviction shall be deemed satisfactory evidence of the 24 absence of a conviction unless the board has some evidence to 25 the contrary. 26 Section 7. Continuing education. 27 (a) Regulations.--The board shall adopt, promulgate and 28 enforce rules and regulations consistent with the provisions of 29 this act establishing continuing education to be met by 30 individuals licensed as professional painters and journeyman <-- 20060H2727B4812 - 15 -
1 LICENSED JOURNEYMAN painters. Regulations shall include any fees <-- 2 necessary for the board to carry out its responsibilities under 3 this section. The board may waive all or part of the continuing 4 education requirement for a professional painter or a LICENSED <-- 5 journeyman painter who shows evidence satisfactory to the board 6 that the individual was unable to complete the requirement due 7 to illness, emergency, military service or other hardship. All 8 courses, materials, locations and instructors shall be approved 9 by the board. No credit shall be given for a course in office 10 management or practice building. 11 (b) Requirement.--Beginning with the licensure period 12 designated by regulation, an individual applying for renewal of 13 a license as a professional painter or a LICENSED journeyman <-- 14 painter shall be required to obtain six hours of continuing 15 education during the two calendar years immediately preceding 16 the application for renewal. 17 SECTION 7.1. LIABILITY INSURANCE. <-- 18 AS A CONDITION OF BIENNIAL RENEWAL, A LICENSED JOURNEYMAN 19 PAINTER SHALL SUBMIT PROOF SATISFACTORY TO THE BOARD OF THE 20 ACQUISITION AND MAINTENANCE OF PROFESSIONAL LIABILITY INSURANCE 21 IN THE AMOUNT SET BY THE BOARD. IN THE CASE OF THE INSURANCE 22 BEING REVOKED, CANCELED OR OTHERWISE LAPSING, THE LICENSED 23 JOURNEYMAN PAINTER SHALL NOTIFY THE BOARD IN WRITING WITHIN 30 24 DAYS. IN SUCH A CASE, THE BOARD SHALL IMMEDIATELY PLACE THE 25 LICENSE OF A LICENSED JOURNEYMAN PAINTER ON INACTIVE STATUS. 26 FAILURE TO NOTIFY THE BOARD IN WRITING WITHIN 30 DAYS SHALL 27 SUBJECT THE LICENSED JOURNEYMAN PAINTER TO DISCIPLINARY ACTION. 28 Section 8. Professional painters PAINTERS in other states. <-- 29 (a) Reciprocity established.--Subject to subsection (b), the 30 board may issue a license without examination to an individual 20060H2727B4812 - 16 -
1 who is licensed as a professional painter or a LICENSED <-- 2 journeyman painter in any other state, territory or possession 3 of the United State if all of the following requirements are 4 met: 5 (1) The individual meets the requirements as to 6 character, age and absence of convictions. 7 (2) The individual pays the required fee. 8 (b) Requirement.--For an individual to be eligible to apply 9 for a license as a professional painter or a LICENSED journeyman <-- 10 painter under subsection (a), the other state, territory or 11 possession of the United States must provide an opportunity for 12 reciprocal licensure which is substantially similar to the 13 opportunity provided by the Commonwealth under this section. 14 Section 9. Duration of license. 15 (a) Duration of license.--A license issued pursuant to this 16 act shall be on a biennial basis. The biennial expiration date 17 shall be established by regulation of the board. Application for 18 renewal of a license shall biennially be forwarded to an 19 individual holding a current license prior to the expiration 20 date of the current biennium. For individuals applying for 21 licensure as an A LICENSED apprentice painter, the application <-- 22 form must indicate whether registration as an apprentice under 23 the act of July 14, 1961 (P.L.604, No.304), known as The 24 Apprenticeship and Training Act, has expired or otherwise lapsed 25 before the biennial renewal cycle will expire. 26 (b) Inactive status.--An individual licensed under this act 27 may request an application for inactive status. The application 28 form may be completed and returned to the board. Upon receipt of 29 an application, the individual shall be maintained on inactive 30 status without fee and shall be entitled to apply for a 20060H2727B4812 - 17 -
1 licensure renewal at any time. An individual who requests the 2 board to activate the individual's license and who has been on 3 inactive status shall, prior to receiving an active license, 4 satisfy the requirements of the board's regulations regarding 5 continuing education and remit the required fee. In the case of 6 an A LICENSED apprentice painter who is placed on inactive <-- 7 status pursuant to section 6(d), the LICENSED apprentice painter <-- 8 shall provide evidence to the board of renewal of registration 9 before the board may activate his license. The board shall 10 promulgate regulations to carry out the provisions of this 11 subsection. 12 Section 10. Reporting of multiple licensure. 13 A licensee who is licensed to perform painting services AS A <-- 14 PAINTER in any other state, territory, possession of the United 15 States or country shall report this information to the board on 16 the biennial registration application. Any disciplinary action 17 taken in another state, territory, possession of the United 18 States or country shall be reported to the board on the biennial 19 registration application or within 90 days of final disposition, 20 whichever is sooner. Multiple licensure shall be noted by the 21 board on the individual's record, and such state, territory, 22 possession of the United States or country shall be notified by 23 the board of any disciplinary action taken against the licensee 24 in this Commonwealth. 25 Section 11. Fees, fines and civil penalties. 26 (a) Fees.--All fees required under this act shall be fixed 27 by the board by regulation and shall be subject to the act of 28 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review 29 Act. If the revenues raised by the fees, fines and civil 30 penalties imposed under this act are not sufficient to meet 20060H2727B4812 - 18 -
1 expenditures over a two-year period, the board shall increase 2 those fees by regulation so that projected revenues will meet or 3 exceed projected expenditures. 4 (b) Fee increase.--If the Bureau of Professional and 5 Occupational Affairs determines that the fees established by the 6 board under subsection(a) are inadequate to meet the minimum 7 enforcement efforts required by this act, then the Bureau of 8 Professional and Occupational Affairs, after consultation with 9 the board and subject to the Regulatory Review Act, shall 10 increase the fees by regulation in an amount such that adequate 11 revenues are raised to meet the required enforcement effort. 12 (c) Account.--All fees, fines and civil penalties imposed in 13 accordance with this act shall be paid into the Professional 14 Licensure Augmentation Account established pursuant to and for 15 use in accordance with the act of July 1, 1978 (P.L.700, 16 No.124), known as the Bureau of Professional and Occupational 17 Affairs Fee Act. 18 (d) Renewal fee.--The board may charge a fee, as set by the 19 board by regulation, for licensure, for renewing licensure and 20 for other services of the board as permitted by this act or by 21 regulation. 22 Section 12. Violations. 23 (a) General rule.--An individual or the responsible officer 24 or employee of a corporation, partnership, firm or other entity 25 violating a provision of this act or a regulation of the board 26 commits a misdemeanor and, upon conviction, shall be sentenced 27 to pay a fine of not more than $1,000 or undergo imprisonment 28 for not more than six months for the first violation. For the 29 second and each subsequent conviction, the person convicted 30 shall be sentenced to pay a fine of not more than $2,000 or 20060H2727B4812 - 19 -
1 imprisonment of not less than six months or more than one year, 2 or both. 3 (b) Civil penalty.--In addition to any other civil remedy or 4 criminal penalty provided for in this act, the board by a vote 5 of the majority of the maximum number of the authorized 6 membership of the board as provided by law or by a vote of the 7 majority of the duly qualified and confirmed membership or a 8 minimum of five members, whichever is greater, may levy a civil 9 penalty up to $1,000 for any of the following: 10 (1) A licensee who violates a provision of this act. 11 (2) An individual who performs painting services in 12 violation of this act. 13 (3) An individual who holds himself out as an individual 14 authorized to perform painting services without being 15 properly licensed as provided in this act. 16 (4) The responsible officers or employees of a 17 corporation, partnership, firm or other entity violating a 18 provision of this act. 19 (c) Procedure.--The board shall levy the civil penalty set 20 forth in subsection (b) only after affording the accused the 21 opportunity for a hearing as provided in 2 Pa.C.S. (relating to 22 administrative law and procedure). 23 Section 13. Refusal to issue, suspend or revoke license. 24 (a) General rule.--The board may refuse to issue, suspend or 25 revoke a license in a case where the board finds: 26 (1) The licensee is negligent or incompetent in the 27 performance of painting services. 28 (2) The licensee is unable to perform painting services 29 with reasonable skill and safety by reason of mental or 30 physical illness or condition or physiological or 20060H2727B4812 - 20 -
1 psychological dependence upon alcohol, hallucinogenic or 2 narcotic drugs or other drugs which tend to impair judgment 3 or coordination, so long as such dependence shall continue. 4 In enforcing this paragraph, the board shall, upon probable 5 cause, have authority to compel a licensee to submit to a 6 mental or physical examination as designated by it. After 7 notice, hearing, adjudication and appeal, failure of a 8 licensee to submit to such examination when directed shall 9 constitute an admission of the allegations unless failure is 10 due to circumstances beyond the licensee's control, 11 consequent upon which a default and final order may be 12 entered without the taking of testimony or presentation of 13 evidence. A licensee affected under this paragraph shall at 14 reasonable intervals be afforded the opportunity to 15 demonstrate that he can resume competent, safe and skillful 16 performance of painting services. 17 (3) The licensee has violated any of the provisions of 18 this act or a regulation of the board. 19 (4) The licensee has committed fraud or deceit in: 20 (i) the performance of painting services; or 21 (ii) securing licensure. 22 (5) The licensee has been convicted of a felony or a 23 crime of moral turpitude or received probation without 24 verdict, disposition in lieu of trial or an Accelerated 25 Rehabilitative Disposition in the disposition of felony 26 charges, in the courts of this Commonwealth, the United 27 States, another state, territory, possession of the United 28 States or country. 29 (6) The PAINTING licensee has had his license suspended <-- 30 or revoked or has received other disciplinary action by the 20060H2727B4812 - 21 -
1 proper licensing authority in another state, territory, 2 possession of the United States or country. 3 (7) With respect to the performance of painting 4 services, the licensee has acted in such a manner as to 5 present an immediate and clear danger to health, safety or 6 property. 7 (8) With respect to a professional painter, the <-- 8 professional painter failed to properly direct and supervise 9 a journeyman painter or an apprentice painter. 10 (8) WITH RESPECT TO A LICENSED JOURNEYMAN PAINTER WHO IS <-- 11 REQUIRED TO ACQUIRE PROFESSIONAL LIABILITY INSURANCE AS SET 12 FORTH IN SECTION 6(A)(6), THE LICENSED JOURNEYMAN PAINTER 13 FAILED TO PROPERLY DIRECT AND SUPERVISE THE PERFORMANCE OF 14 PAINTING SERVICES. 15 (9) The licensee possessed, used, acquired or 16 distributed a controlled substance. 17 (10) The licensee has been guilty of unprofessional 18 conduct. Unprofessional conduct shall include departure from 19 or failing to conform to operating practices or professional 20 standards embraced by the professional LICENSED JOURNEYMAN <-- 21 painters' community in this Commonwealth. In a proceeding <-- 22 based on this paragraph, actual injury to a person or damage 23 to property need not be established. IN ADDITION, <-- 24 UNPROFESSIONAL CONDUCT SHALL INCLUDE DEPARTURE FROM OR 25 FAILING TO CONFORM TO OPERATING PRACTICES OR PROFESSIONAL 26 STANDARDS EMBRACED BY THE STEEL STRUCTURE PAINTING COUNCIL 27 AND THE NATIONAL ASSOCIATION OF CORROSION ENGINEERS, FEDERAL 28 AND STATE LAWS ADDRESSING THE PROPER USE AND DISPOSAL OF 29 TOXIC OR HAZARDOUS SUBSTANCES, APPLICABLE STANDARDS 30 PROMULGATED BY THE OCCUPATIONAL SAFETY AND HEALTH 20060H2727B4812 - 22 -
1 ADMINISTRATION AND APPLICABLE MUNICIPAL ORDINANCES RELATING 2 TO HEALTH AND SAFETY. 3 (11) The licensee falsely advertised or made misleading, 4 deceptive, untrue or fraudulent material representations 5 regarding licensure or in the performance of painting 6 services. 7 (12) Unless waived by the board in accordance with 8 section 7, the licensee failed to satisfy the continuing 9 education requirements of this act. 10 (b) Acts authorized.--When the board finds that the license 11 of an individual may be refused, suspended or revoked pursuant 12 to subsection (a), the board may: 13 (1) Deny the application for a license. 14 (2) Administer a public reprimand. 15 (3) Suspend, revoke, limit or otherwise restrict a 16 license. 17 (4) Suspend enforcement of its finding and place a 18 licensee on probation with the right to vacate the 19 probationary order for noncompliance. 20 (5) Restore or reissue, at its discretion, a suspended 21 license and impose any disciplinary or corrective measure 22 which it might originally have imposed. 23 Section 14. Suspensions and revocations. 24 A suspension or revocation shall be made only in accordance 25 with the regulations of the board and only by majority vote of 26 the members of the board after a full and fair hearing. An 27 action of the board shall be taken subject to the right of 28 notice, hearing and adjudication, and the right of appeal, in 29 accordance with the provisions of 2 Pa.C.S. (relating to 30 administrative law and procedure). The board, by majority action 20060H2727B4812 - 23 -
1 and in accordance with its regulations, may reissue a license 2 which has been suspended. If a license has been revoked, the 3 board shall reissue a license only in accordance with section 4 16. 5 Section 15. Temporary and automatic suspensions. 6 (a) General rule.--A license issued under this act may be 7 temporarily suspended under circumstances determined by the 8 board to be an immediate and clear danger to public health, 9 safety or property. The board shall issue an order to that 10 effect without a hearing, but upon due notice, to the licensee 11 concerned at the licensee's last known address, which shall 12 include a written statement of all allegations against the 13 licensee. The provisions of section 14 shall not apply to 14 temporary suspension. The board shall commence formal action to 15 suspend, revoke or restrict the license of the individual as 16 otherwise provided for in this act. All actions shall be taken 17 promptly and without delay. Within 30 days following the 18 issuance of an order temporarily suspending a license, the board 19 shall conduct or cause to be conducted a preliminary hearing to 20 determine if there is a prima facie case supporting the 21 suspension. The individual whose license has been temporarily 22 suspended may be present at the preliminary hearing and may be 23 represented by counsel, cross-examine witnesses, inspect 24 physical evidence, call witnesses, offer evidence and testimony 25 and make a record of the proceedings. If it is determined that 26 there is not a prima facie case, the suspended license shall be 27 immediately restored. The temporary suspension shall remain in 28 effect until vacated by the board, but in no event longer than 29 180 days. 30 (b) Commitment of licensee.--A license issued under this act 20060H2727B4812 - 24 -
1 shall automatically be suspended upon the legal commitment of a 2 licensee to an institution because of mental incompetence from 3 any cause upon filing with the board a certified copy of such 4 commitment, conviction of a felony under the act of April 14, 5 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 6 Device and Cosmetic Act, or conviction of an offense under the 7 laws of another jurisdiction, which, if committed in this 8 Commonwealth, would be a felony under The Controlled Substance, 9 Drug, Device and Cosmetic Act. Automatic suspension under this 10 subsection shall not be stayed pending an appeal of a 11 conviction. Restoration of the license shall be made as provided 12 in the case of revocation or suspension of a license. 13 Section 16. Reinstatement of license. 14 Unless ordered to do so by Commonwealth Court or an appeal 15 therefrom, the board shall not reinstate the license of an 16 individual which has been revoked. An individual whose license 17 has been revoked may reapply for a license, after a period of at 18 least five years, but must meet all of the licensing 19 requirements of this act. 20 Section 17. Surrender of suspended or revoked license. 21 The board shall require an individual whose license has been 22 suspended or revoked to return the license in such manner as the 23 board directs. Failure to do so, and upon conviction thereof, 24 shall be a misdemeanor of the third degree. 25 Section 18. Injunction. 26 Whenever, in the judgment of the board, a person has engaged 27 in an act or practice which constitutes or will constitute a 28 violation of this act, the board or its agents may make 29 application to the appropriate court for an order enjoining such 30 act or practice. Upon a showing by the board that the person has 20060H2727B4812 - 25 -
1 engaged or is about to engage in such act or practice, an 2 injunction, restraining order or such order as may be 3 appropriate, shall be granted by the court. The remedy by 4 injunction is in addition to any other civil or criminal 5 prosecution and punishment. 6 Section 19. Subpoenas and oaths. 7 (a) Authority granted.--The board shall have the authority 8 to issue subpoenas, upon application of an attorney responsible 9 for representing the Commonwealth in disciplinary matters before 10 the board, for the purpose of investigating alleged violations 11 of the act or regulation of the board. The board shall have the 12 power to subpoena witnesses, to administer oaths, to examine 13 witnesses and to take such testimony or compel the production of 14 such books, records, papers and documents as it may deem 15 necessary or proper in and pertinent to any proceeding, 16 investigation or hearing held or had by it. The board is 17 authorized to apply to Commonwealth Court to enforce its 18 subpoenas. The court may impose limitations in the scope of the 19 subpoena as is necessary to prevent unnecessary intrusion into 20 client confidential information. 21 (b) Disciplinary matters.--An attorney responsible for 22 representing the Commonwealth in disciplinary matters before the 23 board shall notify the board immediately upon receiving <-- 24 notification of an alleged violation of this act or a regulation 25 of the board. The board shall maintain current records of all 26 reported alleged violations and periodically review the records 27 for the purpose of determining that each alleged violation has 28 been resolved in a timely manner. MAINTAIN CURRENT RECORDS OF <-- 29 ALL REPORTED ALLEGED VIOLATIONS AND SHALL PERIODICALLY REVIEW 30 THE RECORDS FOR THE PURPOSE OF DETERMINING THAT EACH VIOLATION 20060H2727B4812 - 26 -
1 HAS BEEN RESOLVED IN A TIMELY MANNER. 2 Section 20. Municipalities. 3 (a) Municipal license prohibited.--Licensure under this act 4 shall be acceptable to a municipality in this Commonwealth as 5 proof of competence to perform painting services and no 6 municipality may require an individual licensed under this act 7 to obtain an additional license to perform painting services. 8 UNLESS OTHERWISE PROVIDED IN THIS ACT, ANY LOCAL ORDINANCE OR <-- 9 REGULATION CONCERNING THE QUALIFICATIONS, FITNESS AND COMPETENCE 10 OF INDIVIDUALS TO PERFORM PAINTING SERVICES IS PREEMPTED AND 11 SUPERSEDED. 12 (b) Certain powers preserved.--Nothing in this act shall be 13 construed to prevent a municipality from doing any of the 14 following: 15 (1) Levying lawful taxes and fees. 16 (2) Requiring the purchase of a business privilege 17 license that is unrelated to demonstrating competence in the 18 performance of painting services. 19 (3) Denying or revoking local permits for failure to <-- 20 comply with ordinances. 21 (3) DENYING OR REVOKING PERMITS FOR FAILING TO COMPLY <-- 22 WITH ORDINANCES WHICH ARE NOT INCONSISTENT WITH THIS ACT OR 23 REGULATION OF THE BOARD. 24 (4) ENFORCING ORDINANCES RELATED TO HEALTH AND SAFETY. 25 (5) PURSUANT TO AN ORDINANCE, INSPECTING OR REGULATING 26 THE MANNER IN WHICH PAINTING SERVICES ARE PERFORMED. 27 Section 21. Appropriation. 28 The sum of $85,000 or as much as may be necessary is 29 appropriated from the Professional Licensure Augmentation 30 Account to the Department of State for the payment of costs 20060H2727B4812 - 27 -
1 associated with processing licenses and renewing licenses, for 2 the operation of the State Board of Professional LICENSED <-- 3 Painters and for other costs associated with this act. The 4 appropriation shall be repaid by the board within three years of 5 the beginning of issuance of licenses by the board. 6 Section 22. Regulations. 7 Within 18 months of the effective date of this section, the 8 board shall promulgate regulations to carry out this act. 9 Section 23. Severability. 10 The provisions of this act are severable. If any provision of 11 this act or its application to any person or circumstance is 12 held invalid, the invalidity shall not affect other provisions 13 or applications of this act which can be given effect without 14 the invalid provision or application. 15 Section 24. Effective date. 16 This act shall take effect as follows: 17 (1) This section shall take effect immediately. 18 (2) Section 5 shall take effect in 180 days THREE YEARS. <-- 19 (3) The remainder of this act shall take effect in 60 20 days. E31L63BIL/20060H2727B4812 - 28 -