PRINTER'S NO. 1234
No. 1093 Session of 1987
INTRODUCED BY JAROLIN, KOSINSKI, TELEK, PERZEL, YANDRISEVITS, MILLER, E. Z. TAYLOR, COLAFELLA, SWEET AND SAURMAN, APRIL 22, 1987
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 22, 1987
AN ACT 1 Regulating electrical contractors by requiring the licensing 2 thereof; establishing the State Board of Examiners of 3 Electrical Contractors and providing for its powers and 4 duties; establishing licensing requirements; providing for an 5 examination; providing for enforcement powers of the board, 6 for certain exemptions and for injunctive relief; providing 7 penalties; and making an appropriation. 8 TABLE OF CONTENTS 9 Section 1. Short title. 10 Section 2. Definitions. 11 Section 3. Board. 12 Section 4. Powers and duties of the board. 13 Section 5. License requirement. 14 Section 6. License without examination. 15 Section 7. Issuance of licenses. 16 Section 8. Examination. 17 Section 9. Terms and renewals of licenses. 18 Section 10. Transferability of license. 19 Section 11. Enforcement powers. 20 Section 12. Reinstatement of license.
1 Section 13. Reporting of multiple licensure. 2 Section 14. Surrender of suspended or revoked license. 3 Section 15. Construction of act. 4 Section 16. Exempt work or construction. 5 Section 17. Penalties. 6 Section 18. Renewals. 7 Section 19. Records. 8 Section 20. Fees. 9 Section 21. Subpoenas. 10 Section 22. Unlawful practice. 11 Section 23. Appropriation. 12 Section 24. Severability. 13 Section 25. Effective date. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Short title. 17 This act shall be known and may be cited as the Electrical 18 Contractors' Licensing Act. 19 Section 2. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Board." The State Board of Examiners of Electrical 24 Contractors. 25 "Commissioner." The Commissioner of Professional and 26 Occupational Affairs. 27 "Department." The Department of State of the Commonwealth. 28 "Electrical contractor." A person who engages in, or a 29 person within a corporation or other business entity who is in 30 responsible charge for installation, erection, repair or 19870H1093B1234 - 2 -
1 altering electrical equipment for the generation, transmission 2 or utilization of electrical energy. 3 Section 3. Board. 4 (a) Establishment.--There is hereby established the State 5 Board of Examiners of Electrical Contractors, a departmental 6 administrative board within the department. 7 (b) Appointment and terms.--The board shall consist of the 8 commissioner and eight members appointed by the Governor, four 9 of whom shall be qualified electrical contractors with 10 experience of not less than ten years as an electrical 11 contractor, one of whom shall be a qualified electrical 12 inspector with experience of not less than five years as an 13 electrical inspector, one of whom shall be a qualified 14 journeyman employed in the electrical construction industry for 15 not less than five years and two of whom shall be persons 16 representing the public at large. 17 (c) Terms of office.--The appointed members of the board 18 shall serve for a three-year term, except as provided in 19 subsection (d), and shall be appointed by the Governor with the 20 advice and consent of a majority of the members elected to the 21 Senate. 22 (d) Initial appointments.--Within 90 days of the effective 23 date of this act, the Governor shall nominate one public member, 24 an electrical inspector and one electrical contractor to serve 25 three-year terms; one public member, a journeyman and one 26 electrical contractor to serve two-year terms; and two 27 electrical contractors to serve one-year terms. 28 (e) Continuation in office.--Each board member shall 29 continue in office until his successor is duly appointed and 30 qualified but no longer than six months after the expiration of 19870H1093B1234 - 3 -
1 his term. In the event that a board member shall die, resign or 2 otherwise become disqualified during his term of office, his 3 successor shall be appointed in the same way and with the same 4 qualifications and shall hold office for the unexpired portion 5 of the unexpired term. 6 (f) Limit on terms.--No board member shall be eligible for 7 appointment to serve more than two consecutive three-year terms. 8 (g) Forfeiture of membership.--A board member who fails to 9 attend three consecutive meetings shall forfeit his seat unless 10 the commissioner, upon written request from the member, finds 11 that the member should be excused from a meeting because of 12 illness or the death of a family member. 13 (h) Compensation and expenses.--Each member of the board, 14 except the commissioner, shall receive per diem compensation of 15 $60 per day when actually attending to the work of the board. 16 Members shall also receive reasonable traveling, hotel and other 17 necessary expenses incurred in the performance of their duties 18 in accordance with Commonwealth regulations. 19 (i) Forfeiture for nonattendance.--A public member who fails 20 to attend two consecutive statutorily mandated training seminars 21 in accordance with section 813(e) of the act of April 9, 1929 22 (P.L.177, No.175), known as The Administrative Code of 1929, 23 shall forfeit his seat unless the commissioner, upon written 24 request from the public member, finds that the public member 25 should be excused from a meeting because of illness or the death 26 of a family member. 27 (j) Quorum.--A majority of the members of the board serving 28 in accordance with law shall constitute a quorum for purposes of 29 conducting the business of the board. Except for temporary and 30 automatic suspensions under section 11(d) and (e), a member may 19870H1093B1234 - 4 -
1 not be counted as part of a quorum or vote on any issue unless 2 he is physically in attendance at the meeting. 3 (k) Meetings.--The board shall meet at least four times a 4 year in Harrisburg. 5 (l) Notice.--Reasonable notice of all meetings shall be 6 given in conformity with the act of July 19, 1974 (P.L.486, 7 No.175), referred to as the Public Agency Open Meeting Law. 8 (m) Operating procedures.--The board shall meet within 30 9 days after the appointment of its initial members and set up 10 operating procedures and an application form for licensing 11 electrical contractors. It shall be the responsibility of the 12 board to circulate these forms and educate the public concerning 13 the requirements of licensing. 14 (n) Organization.--The board shall annually elect, from 15 among its members, a chairman and a secretary. 16 Section 4. Powers and duties of the board. 17 The board shall have the following powers: 18 (1) To pass upon the qualifications and fitness of 19 applicants for licenses and reciprocal licenses and to adopt 20 and revise rules and regulations requiring applicants to pass 21 examinations relating to their qualifications as a 22 prerequisite to the issuance of a license. 23 (2) To adopt, and, from time to time, revise rules and 24 regulations to administer and enforce this act. 25 (3) To examine for, deny, approve, issue, revoke, 26 suspend or renew licenses of electrical contractors under 27 this act and to conduct hearings in connection therewith. 28 (4) To conduct hearings upon complaints concerning 29 violations of this act and the rules and regulations adopted 30 under this act and seek the prosecution and enjoinder of all 19870H1093B1234 - 5 -
1 violations. 2 (5) To expend moneys necessary to the proper carrying 3 out of its assigned duties. 4 (6) To keep a record of its proceedings and a register 5 of all applications and to prescribe the form of such 6 register. 7 (7) To submit annually a report to the Professional 8 Licensure Committee of the House of Representatives and the 9 Consumer Protection and Professional Licensure Committee of 10 the Senate containing a description of the types of 11 complaints received, status of the cases, board action which 12 has been taken and length of time from the initial complaint 13 to final board resolution. 14 (8) To submit annually to the House and Senate 15 Appropriations Committees, 15 days after the Governor has 16 submitted his budget to the General Assembly, a copy of the 17 budget request for the upcoming fiscal year which the board 18 previously submitted to the Department of State. 19 Section 5. License requirement. 20 (a) General rule.-- 21 (1) On and after the effective date of this act, it 22 shall be unlawful for any person to engage in or work in 23 business as an electrical contractor, unless he has secured a 24 license from the board in accordance with this act, and the 25 licensee shall assume full responsibility for the supervision 26 of correctness for all electrical work to be performed by any 27 employee in compliance with recognized safety standards. 28 (2) Any single act or transaction shall constitute 29 engaging in the business of electrical contracting within the 30 meaning of this act. 19870H1093B1234 - 6 -
1 (b) Examination.-- 2 (1) Except as otherwise provided in section 10, no 3 person shall be granted an electrical contractor's license 4 unless he shall first establish his qualifications therefor 5 and shall take and pass the examination for electrical 6 contractors. An applicant for the examination shall have been 7 employed or engaged in the business of electrical 8 construction and installation or have equivalent practical 9 experience for a period of not less than five years preceding 10 the time of the application or shall otherwise establish to 11 the satisfaction of the board that the applicant has the 12 necessary educational background and experience to qualify to 13 take the examination for a license. 14 (2) The examination shall be so designed as to establish 15 the competence and qualification of the applicant to perform 16 and supervise the various phases of electrical contracting 17 work. Any applicant who shall fail to pass the examination 18 shall not be eligible to retake an examination until six 19 months from the date of the failure. 20 (c) Application.--An applicant for an examination for a 21 license shall apply to the board for permission to take the 22 examination upon forms provided by the board and shall provide 23 the board with such information as shall be necessary to 24 establish his qualifications to take the examination. 25 Section 6. License without examination. 26 Upon payment of the prescribed fee, any person who has been 27 employed or engaged in the business of electrical contracting 28 within this Commonwealth for a period of at least six years 29 prior to the effective date of this act and whose principal 30 business for at least two years immediately preceding the making 19870H1093B1234 - 7 -
1 of application, as herein provided, has been that of electrical 2 contractor shall be granted a license without examination, 3 provided that application is made to the board on or before one 4 year of the effective date of this act and satisfactory proof is 5 presented to the board of the applicant's fitness to engage in 6 the business. The application shall consist of a sworn 7 statement: 8 (1) Describing the experience of the applicant in the 9 electrical contracting business. 10 (2) Listing representative electrical contracts 11 performed by the applicant. 12 (3) Containing other information as may be required by 13 the board. 14 Section 7. Issuance of licenses. 15 The board shall receive all applications for licenses filed 16 by persons seeking to enter upon or continue in electrical 17 contracting business within this Commonwealth and determined to 18 be qualified under the provisions of this act. 19 Section 8. Examination. 20 The board shall give the examination to all persons who, 21 under the provisions of this act, are required to take such 22 examinations. The scope of the examination shall cover such 23 matters as the provisions of nationally recognized electrical 24 installation safety standards and the theoretical and practical 25 application of the same encountered in electrical work. It shall 26 hold a minimum of two examinations each year at such times and 27 places within this Commonwealth as the board shall designate. 28 Public notice shall be given of the time and place of all 29 examinations. In the conduct of the examination, the board shall 30 prescribe a standard form which may be revised from time to time 19870H1093B1234 - 8 -
1 as circumstances require. The examinations shall give ample 2 opportunity for all applicants to be thoroughly and carefully 3 examined, may be written or practical, or both, and shall be 4 supervised by three or more of the examiners, but no license 5 shall be granted except by the board. 6 Section 9. Terms and renewals of licenses. 7 (a) Application.--A person seeking issuance or renewal of 8 any license shall file with the board an application, in 9 writing, upon forms prescribed by the board, containing such 10 information as the board shall require to maintain the register 11 provided for in section 8 and to establish the qualifications of 12 the applicant. The application shall be signed and sworn to by 13 the applicant and shall be accompanied by the proper fee. 14 (b) Illness or death of licensee.--No person shall be denied 15 the privilege of continuing business as an electrical contractor 16 in the event of death, illness or other physical disability of 17 the representative thereof who qualified the person for a 18 business permit for at least six months following the date of 19 such death, illness or other physical disability, provided that 20 the business is conducted under such qualified supervision as 21 the board deems adequate. 22 Section 10. Transferability of license. 23 No license issued under this act shall be assigned or 24 transferable. 25 Section 11. Enforcement powers. 26 (a) General rule.--The board may refuse, suspend, revoke, 27 limit or restrict a license or reprimand a licensee if the 28 licensee has: 29 (1) Secured a license by misrepresentation. 30 (2) Failed to maintain the qualifications required by 19870H1093B1234 - 9 -
1 this act or demonstrated a level of competence manifestly 2 inconsistent with retention of the license in question. 3 (3) Engaged in fraudulent business activities or in 4 misleading advertising practices. 5 (4) Violated any provision of this act. 6 (5) Committed an act of gross negligence or condoned 7 such an act by his employee. 8 (6) Failed to adequately and properly supervise 9 employees in compliance with recognized safety standards. 10 (7) Failed to secure inspection of electrical 11 construction by an inspection authority as provided by law. 12 (8) Failed to perform electrical construction in 13 conformance with standards of the National Electrical Code 14 then in effect and the standards, if any, of the municipality 15 wherein the work is performed. 16 (9) Been convicted of a felony or a crime of moral 17 turpitude in any state or Federal court, or been convicted of 18 the equivalent of a felony in any foreign country, territory 19 or possession. As used in this paragraph, the term 20 "convicted" includes a finding or verdict of guilt, an 21 admission of guilt or a plea of nolo contendere, or receiving 22 probation without verdict, disposition in lieu of trial, or 23 an accelerated rehabilitative disposition in the disposition 24 of felony charges. 25 (b) Board action.--When the board finds that the license or 26 application for license of any person may be refused, revoked, 27 restricted or suspended under the terms of subsection (a), the 28 board may: 29 (1) Deny the application for a license. 30 (2) Administer a public reprimand. 19870H1093B1234 - 10 -
1 (3) Revoke, suspend, limit or otherwise restrict a 2 license as determined by the board. 3 (4) Suspend enforcement of its findings thereof and 4 place a licensee on probation with the right to vacate the 5 probationary order for noncompliance. 6 (5) Restore a suspended license to practice electrical 7 contracting and impose any disciplinary or corrective measure 8 which it might originally have imposed. 9 (c) Hearing.--All actions of the board shall be taken 10 subject to the right of notice, hearing and adjudication and the 11 right of appeal therefrom in accordance with Title 2 of the 12 Pennsylvania Consolidated Statutes (relating to administrative 13 law and procedure). 14 (d) Temporary suspension.--The board shall temporarily 15 suspend a license under circumstances as determined by the board 16 to be an immediate and clear danger to the public health and 17 safety. The board shall issue an order to that effect without a 18 hearing, but upon due notice to the licensee concerned at his 19 last known address, which shall include a written statement of 20 all allegations against the licensee. The provisions of 21 subsection (c) shall not apply to temporary suspension. The 22 board shall thereupon commence formal action to suspend, revoke 23 or restrict the license of the person concerned as otherwise 24 provided for in this act. All actions shall be taken promptly 25 and without delay. Within 30 days following the issuance of an 26 order temporarily suspending a license, the board shall conduct, 27 or cause to be conducted, a preliminary hearing to determine 28 that there is a prima facie case supporting the suspension. The 29 licensee whose license has been temporarily suspended may be 30 present at the preliminary hearing and may be represented by 19870H1093B1234 - 11 -
1 counsel, cross-examine witnesses, inspect physical evidence, 2 call witnesses, offer evidence and testimony and make a record 3 of the proceedings. If it is determined that there is not a 4 prima facie case, the suspended license shall be immediately 5 restored. The temporary suspension shall remain in effect until 6 vacated by the board, but in no event longer than 180 days. 7 (e) Automatic suspension.--A license issued under this act 8 shall automatically be suspended upon the legal commitment of a 9 licensee to an institution because of mental incompetence from 10 any cause upon filing with the board of a certified copy of such 11 commitment, conviction of a felony under the act of April 14, 12 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 13 Device and Cosmetic Act, or conviction of an offense under the 14 laws of another jurisdiction, which, if committed in this 15 Commonwealth, would be a felony under The Controlled Substance, 16 Drug, Device and Cosmetic Act. As used in this section the term 17 "conviction" shall include a judgment, an admission of guilt or 18 a plea of nolo contendere. Automatic suspension under this 19 section shall not be stayed pending an appeal or conviction. 20 Restoration of such license shall be made as provided in this 21 act for revocation or suspension of such license. 22 Section 12. Reinstatement of license. 23 Unless ordered to do so by Commonwealth Court or an appeal 24 therefrom, the board shall not reinstate the license of a person 25 to practice as an electrical contractor pursuant to this act 26 which has been revoked. Any person whose license has been 27 revoked may apply for reinstatement, after a period of at least 28 five years, but must meet all of the licensing qualifications of 29 this act, including the examination requirement, if he or she 30 desires to practice as an electrical contractor pursuant to this 19870H1093B1234 - 12 -
1 act at any time after such revocation. 2 Section 13. Reporting of multiple licensure. 3 Any licensed electrical contractor of this Commonwealth who 4 is also licensed to practice as an electrical contractor in any 5 other state, territory or country shall report this information 6 to the board on the biennial renewal application. Any 7 disciplinary action taken in any other state, territory, or 8 country shall be reported to the board on the biennial renewal 9 application, or within 90 days of disposition, whichever is 10 sooner. Multiple licensure shall be noted by the board on the 11 licensed electrical contractor's record and such state, 12 territory, or country shall be notified by the board of any 13 disciplinary actions taken against said licensed electrical 14 contractor in this Commonwealth. 15 Section 14. Surrender of suspended or revoked license. 16 The board shall require a person whose license or 17 registration has been suspended or revoked, to return the 18 license or registration in such manner as the board directs. 19 Failure to do so shall be a misdemeanor of the third degree. 20 Section 15. Construction of act. 21 (a) Municipal ordinances preserved.--This act shall not be 22 construed to deny to any municipality the power to inspect 23 electrical work or equipment or the power to regulate the 24 standards and manner in which electrical work shall be done but 25 no municipality shall require any business permit holder or 26 electrical contractor licensed under this act to obtain a 27 municipal license to engage in the business of electrical 28 contracting in the municipality. 29 (b) Failure to comply with local ordinance.--Any licensee 30 who willfully fails to comply with any municipal ordinance 19870H1093B1234 - 13 -
1 concerning section 16(a) shall be deemed to be not in compliance 2 with this act and may be subject to the sanctions provided in 3 section 11. 4 Section 16. Exempt work or construction. 5 (a) Exemptions enumerated.--Electrical work or construction 6 which is performed on the following facilities or which is by or 7 for the following agencies shall not be included within the 8 business of electrical contracting under this act: 9 (1) Minor repair work such as the replacement of lamps 10 and fuses. 11 (2) The connection of portable electrical appliances to 12 suitable permanently installed receptacles. 13 (3) The testing, servicing or repairing of electrical 14 equipment or apparatus. 15 (4) Electrical work in mines or on ships, railway cars, 16 elevators, escalators or automotive equipment. 17 (5) Municipal plants or any public utility as defined in 18 Title 66 of the Pennsylvania Consolidated Statutes (relating 19 to public utilities) organized for the purpose of 20 constructing, maintaining and operating works for the 21 generation, supplying, transmission and distribution of 22 electricity. 23 (6) A public utility subject to regulation, supervision 24 or control by a Federal regulatory body, or a public utility 25 operating under the laws of this Commonwealth, and engaged in 26 the furnishing of communication or signal service, or both, 27 to a public utility, or to the public, as an integral part of 28 a communication or signal system, and any agency associated 29 or affiliated with any public utility or engaged in research 30 and development in the communications field. 19870H1093B1234 - 14 -
1 (7) A railway utility in the exercise of its functions 2 as a utility and located in or on buildings or premises used 3 exclusively by the utility. 4 (8) Commercial radio and television transmission 5 equipment. 6 (9) Construction by any branch of the Federal 7 Government. 8 (10) Any work with a load potential not regulated by the 9 National Electrical Code. 10 (11) Repair, manufacturing and maintenance work on 11 premises occupied by a firm or corporation, and installation 12 work on premises occupied by a firm or corporation and 13 performed by a regular employee who is a qualified journeyman 14 electrician. 15 (12) Installation, repair or maintenance performed by 16 regular employees of the Commonwealth, or of a political 17 subdivision or municipal authority, on the premises or 18 property owned or occupied by the Commonwealth, political 19 subdivision or authority. 20 (13) The maintaining, installing or connecting of 21 automatic oil, gas or coal burning equipment or gasoline or 22 diesel oil dispensing equipment, and the lighting in 23 connection therewith, to a supply of adequate size at the 24 load side of the distribution board. 25 (14) Work performed by a person on a building that is 26 owner-occupied solely as a residence for himself, but limited 27 to one single family, or for a member or members of his 28 immediate family. 29 (b) Other exemptions.--The board may also exempt from this 30 act any other electrical activities of like character which in 19870H1093B1234 - 15 -
1 the board's opinion warrant such exclusion. 2 Section 17. Penalties. 3 (a) Criminal penalty.--Any person who engages in the 4 business of electrical contracting without having a valid 5 license under this act commits a misdemeanor of the third degree 6 and shall, upon conviction, be sentenced to pay a fine of up to 7 $1,000 or to imprisonment for not more than 90 days, or both. 8 (b) Civil penalty.--In addition to any other civil remedy or 9 criminal penalty provided for in this act, the board, by a vote 10 of the majority of the maximum number of the authorized 11 membership of the board as provided by law, or by a vote of the 12 majority of the duly qualified and confirmed membership or a 13 minimum of four members, whichever is greater, may levy a civil 14 penalty of up to $1,000 on any current licensee who violates any 15 provision of this act or on any person who holds himself out as 16 a licensed electrical contractor without being properly licensed 17 to do so under this act. The board shall levy this penalty only 18 after affording the accused party the opportunity for a hearing, 19 as provided by Title 2 of the Pennsylvania Consolidated Statutes 20 (relating to administrative law and procedure). 21 (c) Disposition.--All fines and civil penalties imposed 22 under this section shall be paid into the Professional Licensure 23 Augmentation Account. 24 Section 18. Renewals. 25 Renewal of license shall be on a biennial basis. 26 Section 19. Records. 27 A record of all persons licensed as electrical contractors in 28 Pennsylvania shall be kept in the office of the board and shall 29 be open to public inspection and copying upon payment of a 30 nominal fee for copying the record. 19870H1093B1234 - 16 -
1 Section 20. Fees. 2 (1) All fees required under this act shall be fixed by 3 the board by regulation and shall be subject to the act of 4 June 25, 1982 (P.L.633, No.181), known as the Regulatory 5 Review Act. If the revenues raised by fees, fines and civil 6 penalties imposed under this act are not sufficient to meet 7 expenditures over a two-year period, the board shall increase 8 its fees by regulation so that the projected revenues will 9 meet or exceed projected expenditures. 10 (2) If the Bureau of Professional and Occupational 11 Affairs determines that the fees established by the board 12 under paragraph (1) are inadequate to meet the minimum 13 enforcement efforts required by this act, then the bureau, 14 after consultation with the board and subject to the 15 Regulatory Review Act, shall increase the fees by regulation 16 to an amount that will produce adequate revenues to meet the 17 required enforcement effort. 18 Section 21. Subpoenas. 19 (a) Power to issue.--The board shall have the authority to 20 issue subpoenas, upon application of an attorney responsible for 21 representing the Commonwealth in disciplinary matters before the 22 board, for the purpose of investigating alleged violations of 23 the disciplinary provisions administered by the board. The board 24 shall have the power to subpoena witnesses, to administer oaths, 25 to examine witnesses, and to take such testimony or compel the 26 production of such books, records, papers, and documents as it 27 may deem necessary or proper in, and pertinent to, any 28 proceeding, investigation, or hearing, held or had by it. Client 29 records may not be subpoenaed without consent of the client or 30 without order of a court of competent jurisdiction on a showing 19870H1093B1234 - 17 -
1 that the records are reasonably necessary for the conduct of the 2 investigation. The court may impose such limitations on the 3 scope of the subpoena as are necessary to prevent unnecessary 4 intrusion into client confidential information. The board is 5 authorized to apply to Commonwealth Court to enforce its 6 subpoenas. 7 (b) Notification of board.--An attorney responsible for 8 representing the Commonwealth in disciplinary matters before the 9 board shall notify the board immediately upon receiving 10 notification of an alleged violation of this act. The board 11 shall maintain current records of all reports of alleged 12 violations and periodically review the records for the purpose 13 of determining that each alleged violation has been resolved in 14 a timely manner. 15 Section 22. Unlawful practice. 16 (a) Unlawful practice prohibited.--It shall be unlawful for 17 any person to practice as an electrical contractor without 18 having, at the time of so doing, a valid, unexpired, unrevoked 19 and unsuspended license issued under this act. 20 (b) Injunction.--The unlawful holding of oneself out as a 21 licensed electrical contractor may be enjoined by the courts on 22 petition of the board or the commissioner. In any such 23 proceeding it shall not be necessary to show that any person is 24 individually injured by the actions complained of. If the 25 respondent is found guilty of the unlawful holding of oneself 26 out as a licensed electrical contractor, the court shall enjoin 27 him from so holding himself out unless and until he has been 28 duly licensed. Procedure in such cases shall be the same as in 29 any other injunction suit. The remedy by injunction hereby given 30 is in addition to any other civil or criminal prosecution and 19870H1093B1234 - 18 -
1 punishment. 2 Section 23. Appropriation. 3 The sum of $85,000, or as much thereof as may be necessary, 4 is hereby appropriated from the Professional Licensure 5 Augmentation Account within the General Fund to the Bureau of 6 Professional and Occupational Affairs in the Department of State 7 for the payment of costs of processing licenses and renewals, 8 for the operation of the board and for other general costs of 9 the bureau operations relating to this act. The appropriation 10 granted shall be repaid by the board within three years of the 11 beginning of issuance of licenses by the board. 12 Section 24. Severability. 13 The provisions of this act are severable. If any provision of 14 this act or its application to any person or circumstance is 15 held invalid, the invalidity shall not affect other provisions 16 or applications of this act which can be given effect without 17 the invalid provision or application. 18 Section 25. Effective date. 19 This act shall take effect as follows: 20 (1) Section 5(a) shall take effect 18 months after the 21 effective date of this act. 22 (2) The remainder of this act shall take effect in 60 23 days. C4L63RDG/19870H1093B1234 - 19 -