HOUSE DOCKET, NO. 1776        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1352

The Commonwealth of Massachusetts

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PRESENTED BY:

Colleen M. Garry

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to preventing the unlicensed practice of the electrical and systems trade or profession.

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PETITION OF:

HOUSE DOCKET, NO. 1776        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1352

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to preventing the unlicensed practice of the electrical and systems trade or profession.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 5 of chapter 141 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking said section in its entirety and inserting in place thereof the following section:-

Section 5. Any person, firm or corporation, or employee thereof, and any representative, member or officer of such firm or corporation individually, entering upon or engaging in the business and work hereinbefore defined, or publicly holding oneself out as so authorized, without having complied with this chapter, shall for the first offence be punished by a fine of not less than ten nor more than one thousand dollars, and for a subsequent offence by a fine of not less than fifty nor more than five thousand dollars or by imprisonment in the house of correction for six months, or both. 

The examiners and the inspectors of wires in each city and town, as defined in section thirty-two of chapter one hundred and sixty-six, shall be charged with the enforcement of this chapter, including the notification of violations with respect to security systems to the department of public safety consistent with the provisions of sections 57 to 61, inclusive, of chapter 147.. They shall have all necessary powers to require compliance therewith, including, but not limited to,  the power to institute and prosecute proceedings in the superior court department of the trial court and the power to ensure appropriate injunctive relief to expedite the secure enforcement of its order against conduct by a firm or corporation requiring a license in accordance with the provisions of this chapter or regulations promulgated thereunder.”

SECTION 2.  Section 65 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition,  is hereby amended by inserting in line 31 after the word “court” the following :- (i)

SECTION 3.  Said Section 65 of chapter 112 of the General Laws is hereby further amended by inserting in line 32 after the words “profession or” the following:- (ii); and in line 33 by inserting after the words “penalty or” the following:- (iii)

SECTION 4.  Section 3P of chapter 143 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 38 after the word “section”, the following:-

, unless consistent with subsection (c)(i) of Section 65 of chapter 112, in the judgment of the inspector of wires or other person charged with enforcement, the violation poses an issue of consumer protection whereby said person or the board of electricians' appeals may apply to the appropriate court for an order enjoining the unlicensed practice of a trade or profession

SECTION 5.  Section 57 of chapter 147 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the second paragraph in its entirety, and inserting in place thereof, the following paragraph:-

No person, firm or corporation shall engage in, advertise, or hold himself or itself out as being engaged in the business of installing, repairing, or offering maintenance for security systems, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in sections fifty-eight and fifty-nine of this chapter and section three of chapter one hundred and forty-one. Whoever violates any provision of this section shall be punished, consistent with section 21 of chapter 22 by a fine of not less than two hundred nor more than five thousand dollars or by imprisonment for not more than one year, or both.

SECTION 6.  Section 60 of said chapter 147, is hereby amended by striking the second paragraph in its entirety, and inserting in place thereof, the following paragraph:-

If a licensee falsely states or represents that a person was or is in his employ, such false statement or representation shall be cause for revocation or suspension of his license and shall be subject to the penalties set forth in section fifty-seven. Whoever falsely states or represents that he is employed or has been employed by a licensee shall be punished, consistent with section 21 of chapter 22 by a fine of not less than fifty nor more than five thousand dollars