HB 2588

              {As Amended by House Committee of the Whole}
                    As Amended by House Committee
 Session of 2026
                       HOUSE BILL No. 2588
          By Committee on Commerce, Labor and Economic Development
                     Requested by Representative Willcott
                                    1-28
1 AN ACT concerning occupational licensing; relating to statewide licensure
2   of electricians; providing for such licensing of electricians by the board
3   of technical professions state fire marshal; enacting the electrician
4   licensing act; amending K.S.A. 12-1526 and 12-1527, 74-7003, 74-
5   7004, 74-7005, 74-7035 and 74-7040 and repealing the existing
6   sections; also repealing K.S.A. 12-1525 and 12-1526.
7
8 Be it enacted by the Legislature of the State of Kansas:
9    New Section 1. The provisions of sections 1 through 12, and
10 amendments thereto, as contained in this act shall be known and may
11 be cited as the electrician licensing act.
12    New Sec. 2. As used in this act:
13    (a) "Act" means the electrician licensing act.
14    (b) "Board" means the electrician licensing advisory board.
15    (c) "Electrician,"        generally,     or     "master   electrician,"
16 "journeyman electrician" or "residential electrician," specifically,
17 means a person who is qualified to engage in the practice of a master
18 electrician, journeyman electrician or residential electrician,
19 respectively, and licensed by the state fire marshal to practice such
20 respective profession and perform electrical work.
21    (d) "Electrical work" or "practice as an electrician" means
22 providing, offering to provide or representing oneself as able to
23 provide professional electrician services as a master electrician,
24 journeyman electrician or residential electrician.
25    (e) "Licensee" means a master electrician, journeyman
26 electrician or residential electrician who is licensed pursuant to this
27 act.
28    (f) "Person" means a natural person or business entity.
29    New Section 1.New Sec. 3. On and after July 1, 2027, standard
30 examinations for the determination of competency of electrical
31 contractors, master electricians, journeyman electricians and residential
32 electricians, as promulgated or administered, or both, by the international
33 code council, the international association of plumbing and mechanical
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1 officials or prometric, a subsidiary of educational testing services in effect
2 on July 1, 2008, are hereby designated as the standard examinations to be
3 administered by the board of technical professions state fire marshal for
4 determining the qualification of persons seeking licensure from the board
5 state fire marshal as electrical contractors, master electricians,
6 journeyman electricians and residential electricians. The board state fire
7 marshal shall administer such examinations or may designate any city or
8 county to administer such examinations as directed by the board state fire
9 marshal.
10     New Sec. 2. 4. (a) On and after July 1, 2027, any city or county may
11 conduct examinations designated by section 1, and amendments thereto, if
12 and as directed by the board of technical professions state fire marshal,
13 for the purpose of determining the competency of applicants for licensure
14 as electrical contractors or master, journeyman or residential electricians
15 and shall not be allowed to ask further questions not designated by the
16 board state fire marshal on such examination. The board state fire
17 marshal shall adopt rules and regulations:
18     (1) Governing the conduct and grading of such examinations;
19     (2) prescribing a minimum score for passage of examinations that
20 shall not be less than 75%;
21     (3) fixing a uniform fee to be charged all applicants taking each such
22 examination;
23     (4) requiring all persons receiving such license to obtain not less than
24 12 hours biennially or six hours annually of continuing education
25 approved by the board. Not less than six hours biennially or three hours
26 annually shall consist of code education. Continuing education may be
27 provided by the local governing body, a nationally recognized trade
28 association, community college, technical school, technical college or
29 other provider approved by the board state fire marshal. All hours of
30 education shall consist of training related to construction, maintenance and
31 code update training. The board state fire marshal shall not impose any
32 restriction on the number of providers of such continuing education; and
33     (5) defining the scope of practice for electrical contractors and
34 master, journeyman or residential electricians; and
35     (6) encouraging and facilitating entry into the profession of
36 electrician through guidelines for safely obtaining experience through
37 apprenticeships under the direct supervision of licensed master,
38 journeyman or residential electricians.
39     (b) The board state fire marshal shall issue the appropriate license to
40 any applicant who successfully passes an examination designated by
41 section 1, and amendments thereto, and who demonstrates that such
42 applicant has met the experience requirements specified in subsections (e)
43 {(h)} and (f) {(i)}. The board state fire marshal shall fix a uniform fee to
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1 be charged to all such applicants for such licensure.
2     (c) All new licenses issued by the board state fire marshal shall bear
3 a distinctive notation identifying the testing agency and the specific test by
4 name. The board state fire marshal may review licenses upon the basis of
5 completed continuing education as provided by subsection (a)(4). All
6 licenses renewed upon the basis of completed continuing education as
7 provided by subsection (a) shall bear a distinctive notation to verify such
8 completion. All such licenses shall be valid in any county or city.
9     (d) No person who was certified or licensed prior to July 1, 1989,
10 upon the basis of passing of a standard examination designated as such
11 under the provisions of article 15 of chapter 12 of the Kansas Statutes
12 Annotated, and amendments thereto, and whose certificate or license was
13 issued by a political subdivision that prescribed a minimum score of not
14 less than 70% for passing such examination, shall be required to be
15 reexamined for renewal of licensure, nor shall any person be required to
16 be examined who, on or before July 1, 2027, provides to the state fire
17 marshal documented proof of a minimum of 8,000 hours of field
18 experience as defined in subsection (h) or documented proof of
19 completion of a registered apprenticeship program approved by the
20 United States department of labor.
21     (e) Any person licensed to practice in this state as a master
22 electrician, journeyman electrician or residential electrician on July 1,
23 2026, in any city or county in this state shall thereafter continue to
24 possess the same rights and privileges with respect to such practice in
25 every city or county within this state without being required to obtain
26 a new license under the provisions of this act, subject to the power of
27 the state fire marshal to suspend or revoke such license or require
28 such person to renew such license on and after July 1, 2027, as
29 provided by this act. Renewals of such license may require completion
30 of education or training requirements as specified by the state fire
31 marshal but shall not require any examination.
32     (f) Any person licensed by a city or county as a master electrician,
33 journeyman electrician or residential electrician after July 1, 2026,
34 and before July 1, 2027, shall possess the same rights and privileges
35 with respect to such license in every city or county within this state.
36 Such license shall be subject to the provisions of this act on and after
37 July 1, 2027.
38     (g) Before issuing a residential license, the state fire marshal shall
39 verify the validity of the applicant's documented proof of trade-
40 related schooling. Schooling shall consist of a minimum of 930
41 program hours documented by a certificate of completion.
42     (e)(h) Before issuing a journeyman or residential license, the board
43 state fire marshal shall verify the validity of the applicant's documented
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1 proof of a minimum of two years 8,000 hours of field experience. "Field
2 experience" means working under the direct supervision of a person
3 having a valid journeyman license, residential license or master license or
4 attending trade related schooling. Not more than one year of such
5 requirement may be satisfied by trade-related schooling. Schooling shall
6 consist of a minimum of 930 program hours documented by a certificate of
7 completion.
8     (f)(i) Before issuing a master license, the board state fire marshal
9 shall verify the validity of the applicant's documented proof of having a
10 valid journeyman license for a minimum of two years.
11     New Sec. 5. (a) There is hereby established the electrical licensing
12 advisory board within the office of the state fire marshal. The
13 electrical licensing advisory board shall consist of the following six
14 members who shall be residents of this state:
15     (1) One member to be appointed by the governor;
16     (2) two members to be appointed by the president of the senate;
17     (3) two members to be appointed by the speaker of the house of
18 representatives; and
19     (4) one member to be appointed by the state fire marshal or the
20 state fire marshal's designee who shall serve as an ex officio member
21 of the board.
22     (c) Each member of the board appointed under subsections (a)(1)
23 through (3) shall serve a term of three years or until a successor is
24 appointed and qualified. Whenever a vacancy occurs, a successor shall
25 be appointed in accordance with subsection (a). The members of the
26 board shall elect one of the members to serve as chairperson. In
27 selecting appointees, the appointing authority shall consider the
28 experience and training of the appointee in the profession of
29 electrician.
30     (d) On and after July 1, 2027, under the direction of the state fire
31 marshal, the board shall oversee the administration of the statewide
32 electrician licensing program. The board shall advise the state fire
33 marshal regarding the statewide licensing of electricians and make
34 recommendations to the state fire marshal regarding administrative
35 procedures or statutory changes necessary to implement and enforce
36 such licensing and to facilitate the growth and development of the
37 profession of electrician, including, but not limited to, furthering the
38 recognition of such Kansas licenses in other states, development of
39 apprenticeship programs and development of licensure standards for
40 education, experience and testing. The board shall consult with
41 stakeholders within the profession in executing its duties. The board
42 shall annually review any rules and regulations adopted by the state
43 fire marshal pertaining to the licensing of electricians.
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1     (e) The members of the board shall serve without compensation.
2 Members who are not state officers or employees and attending
3 meetings of such board or attending a subcommittee meeting thereof
4 authorized by such board, shall be paid amounts provided in K.S.A.
5 75-3223(e), and amendments thereto.
6     (f) The board shall meet at least four times each year at a time
7 and place to be fixed by the state fire marshal and at such other times
8 as the state fire marshal deems necessary for the transaction of such
9 business as may come properly before the board. The state fire
10 marshal shall arrange for meeting space and provide administrative
11 support to the board.
12     New Sec. 6. (a) On and after July 1, 2027, electrical contractors
13 shall submit proof to the state fire marshal of a current insurance
14 policy issued by an insurance company authorized to do business in
15 this state that provides general liability coverage of at least $1,000,000
16 for injury or death of any number of persons in any one occurrence,
17 with coverage of at least $500,000 for property damage in any one
18 occurrence and proof of workers compensation insurance coverage as
19 required by Kansas law.
20     (b) Proof of such policies shall be delivered to the state fire
21 marshal with the application for a license, as required and designated
22 by the state fire marshal. A licensee shall provide the state fire marshal
23 of notice of any material alteration or cancellation of any policy at
24 least 10 days prior to the effective date of such change in the policy.
25     New Sec. 7. (a) On and after July 1, 2027, an application for a
26 license may be denied, a license may be suspended or revoked or civil
27 penalties may be assessed by the state fire marshal upon a finding that
28 one or more of the following have been committed by a person,
29 applicant or licensee:
30     (1) Any willfully false statement or willful omission as to a
31 material matter made in the process of securing a license or renewal of
32 a license. A material matter is a fact relevant to a question or line of
33 inquiry in the applicable application form or in additional inquiry of
34 the applicant by the state fire marshal that, if made known to the state
35 fire marshal, could constitute a basis for a denial of the application
36 under this act or rules and regulations adopted pursuant thereto;
37     (2) fraud, misrepresentation or bribery in securing a license;
38     (3) failure to maintain any requirement or to notify the state fire
39 marshal of any material alteration or change relating to any
40 requirement that is necessary to obtain or renew a license that is in
41 nature a continuing requirement, including, but not limited to,
42 insurance requirements;
43     (4) failure to have immediate personal possession of the licensee's
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1 valid electrical license while performing electrical work;
2     (5) performing electrical work for which a permit is required
3 without obtaining an electrical permit;
4     (6) knowingly performing electrical work that is not in
5 compliance with building, electrical, fire prevention and other
6 applicable codes adopted by the state fire marshal or cities and
7 counties;
8     (7) intentionally charging a customer for work not performed or
9 parts not provided;
10     (8) knowingly allowing a hazardous situation to remain so that
11 the public is unduly exposed to risk of injury;
12     (9) impersonating another licensee or knowingly allowing the use
13 of the licensee's license by an unlicensed person;
14     (10) engaging in conduct intended to defraud or deceive the
15 public;
16     (11) chronic or persistent abuse of alcohol or prescription or
17 nonprescription drugs such that continued performance of electrical
18 work is dangerous to clients or the public;
19     (12) having a physical or mental disability or other condition such
20 that continued performance of electrical work is dangerous to clients
21 or to the public; and
22     (13) having a license, certificate, registration or other official
23 authorization to perform electrical work denied, limited, suspended,
24 probated or revoked in another jurisdiction on grounds sufficient to
25 cause an electrical license to be denied, limited, suspended, probated
26 or revoked in this state.
27     (b) A license may be suspended or revoked upon a finding by the
28 state fire marshal that facts and circumstances exist that require
29 suspension or revocation of the license to protect the safety of the
30 public, including, but not limited to, facts and circumstances going to
31 the competence, ability or fitness of the licensee to safely conduct the
32 work or activities permitted by the license in a manner that does not
33 risk the safety or well-being of coworkers, employees or the public.
34     (c) Except as otherwise provided by this act, no license shall be
35 suspended or revoked, nor shall any civil penalty be assessed, until
36 after a written order issued by the state fire marshal has been served
37 to the licensee who committed the violation. Such order shall state the
38 violation, the penalty to be imposed and the right of the person to
39 request a hearing as provided in the Kansas administrative procedure
40 act. The state fire marshal may issue emergency orders, including, but
41 not limited to, immediate suspensions or revocations of a license, as
42 provided by the Kansas administrative procedure act.
43     New Sec. 8. (a) On and after July 1, 2027, in addition to any other
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1 penalty provided by law, the state fire marshal, upon a finding that
2 any licensee has violated, knowingly permitted a violation or
3 negligently failed to detect, report or correct a violation of any
4 provision of this act or rules and regulations adopted pursuant
5 thereto, is authorized to impose a civil penalty not to exceed $1,000 per
6 violation. Such civil penalty shall constitute an actual and substantial
7 economic deterrent to the violation for which the penalty is assessed.
8     (b) No civil penalty shall be imposed except upon the written
9 order of the state fire marshal to the person who committed the
10 violation. Such order shall state the violation, the penalty to be
11 imposed and the right of the person to request a hearing as provided
12 in the Kansas administrative procedures act.
13     (c) All fines assessed and collected under this section shall be
14 remitted to the state treasurer in accordance with the provisions of
15 K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
16 remittance, the state treasurer shall deposit the entire amount in the
17 state treasury to the credit of the state general fund.
18     New Sec. 9. (a) Any individual, sole proprietor, firm, partnership,
19 association or corporation aggrieved by an order issued by the state
20 fire marshal pursuant to the provisions of this act may request a
21 hearing on such order within 15 days from the date of the service of
22 such order by filing such request in writing with the state fire marshal.
23 Such hearing shall be conducted in accordance with the provisions of
24 the Kansas administrative procedure act. The filing of a request for a
25 hearing shall not abate or operate as a stay of the effect of an
26 emergency order or an order to cease and desist or a stop work order
27 unless otherwise stated in such order.
28     (b) Except as otherwise provided, all administrative proceedings
29 by the state fire marshal under this act shall be conducted in
30 accordance with the provisions of the Kansas administrative
31 procedure act.
32     (c) Judicial review and civil enforcement of agency actions under
33 this act shall be in accordance with the Kansas judicial review act.
34     New Sec. 10. (a) On and after July 1, 2027, the state fire marshal
35 shall be responsible for receiving and monitoring the disposition of
36 complaints received concerning the professional conduct,
37 qualifications and quality of work performed by persons and
38 licensees. The state fire marshal may require an investigation of a
39 complaint, in accordance with this section, concerning a person or
40 licensee who is alleged to have violated this act or any rules or
41 regulations adopted by the state fire marshal.
42     (b) For the purpose of facilitating the handling of complaints, the
43 state fire marshal shall devise simple, standard complaint forms
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1 designed to supply the information necessary to properly investigate
2 complaints. The complainant shall produce a complaint in writing
3 before any formal action shall be taken on the complaint. The receipt
4 of the forms shall be acknowledged on behalf of the state fire marshal,
5 and the complainant shall be advised in writing of the final disposition
6 of the complaint.
7     (c) Such complaint, notice and any records relating to the
8 complaint shall be confidential and shall not be disclosed by the state
9 fire marshal unless ordered to be disclosed by a court of competent
10 jurisdiction. However, the state fire marshal may present the results
11 of any investigation of a complaint against a person or licensee to the
12 electrician licensure advisory board, omitting names and other
13 personal identifying information, to receive their feedback on
14 potential disciplinary measures.
15     (d) Upon receipt of a written complaint, the state fire marshal
16 may:
17     (1) Assign a complaint specially for investigation; or
18     (2) take such other action on the complaint as appears to the state
19 fire marshal to be warranted in the circumstances.
20     (e) Nothing in this section supersedes the state fire marshal's
21 statutory power to issue, suspend, revoke or renew licenses.
22     New Sec. 11. (a) Military personnel who have been called to
23 federally funded active duty for more than 120 days for the purpose of
24 serving in a war, emergency or contingency and who hold an
25 electrician license issued by the state fire marshal shall be exempt
26 from the requirement to submit a license renewal application,
27 payment of any license renewal fees and from any continuing
28 education requirements of the state fire marshal that falls within the
29 period of service or within the six months following the completion of
30 service in the war, emergency or contingency.
31     (b) The state fire marshal may accept, from a person with
32 authority to practice, continuing education, training or service
33 completed as a member of the armed forces or reserves of the United
34 States, the national guard of any state, the military reserves of any
35 state or the naval militia of any state toward the educational
36 qualifications to renew the person's authority to practice.
37     New Sec. 12. The electrician fee fund is hereby established in the
38 state treasury and shall be administered by the state fire marshal. The
39 state fire marshal shall remit all moneys received from fees, charges or
40 penalties assessed in accordance with this act to the state treasurer in
41 accordance with the provisions of K.S.A. 75-4215, and amendments
42 thereto. Upon receipt of each such remittance, the state treasurer shall
43 deposit the entire amount in the state treasury to the credit of the
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1 electrician fee fund. All expenditures from the electrician fee fund
2 shall be made in accordance with appropriation acts upon warrants of
3 the director of accounts and reports issued pursuant to vouchers
4 approved by the state fire marshal or the state fire marshal's designee.
5     Sec. 13. K.S.A. 12-1526 is hereby amended to read as follows: 12-
6 1526. (a) Any county or city requiring the licensure of electricians
7 practicing within the county or city may conduct examinations
8 designated by K.S.A. 12-1525, and amendments thereto, for the
9 purpose of determining the competency of applicants for such
10 licensure and shall not be allowed to ask further questions not
11 designated on such examination. The board of county commissioners
12 of such county or the governing body of such city shall adopt rules and
13 regulations: (1) Governing the conduct and grading of such
14 examinations; (2) prescribing a minimum score of 75% for passage of
15 examinations; (3) fixing a uniform fee to be charged all applicants
16 taking each such examination; and (4) requiring all persons receiving
17 such license to obtain not less than 12 hours biennially or six hours
18 annually of continuing education approved by such local governing
19 body. Not less than six hours biennially or three hours annually shall
20 consist of code education. Continuing education may be provided by
21 the local governing body, a nationally recognized trade association,
22 community college, technical school, technical college or other
23 provider approved by the local governing body. All hours of education
24 shall consist of training relative to construction, maintenance and code
25 update training. Neither the county commission nor the governing
26 body of such city shall impose any restriction on the number of
27 providers of such continuing education.
28     (b) The certificate of competency received by any person who
29 completes the experience requirements specified in subsections (e) and
30 (f) and who successfully passes an examination designated by K.S.A.
31 12-1525, and amendments thereto, shall be valid proof of competency
32 for licensure, without additional examination, in any county or city of
33 the state which requires licensure of electricians practicing within
34 such county or city. The county or city shall issue the appropriate
35 certificate to any such applicant therefor who presents such a
36 certificate of competency and who demonstrates that such applicant
37 has met the experience requirements specified in subsections (e) and
38 (f). The county or city shall fix a uniform fee to be charged all such
39 applicants for licensure.
40     (c) All new licenses issued by a county or city upon the basis of
41 successful passage of an examination designated by K.S.A. 12-1525,
42 and amendments thereto, shall bear a distinctive notation identifying
43 the testing agency and the specific test by name. All licenses renewed
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1 upon the basis of completed continuing education as provided by
2 subsection (a) shall bear a distinctive notation to verify such
3 completion. All such licenses shall be valid in any other county or city
4 which requires examination and licensure of electricians for practice
5 in such county or city.
6     (d) No person who was certified or licensed prior to July 1, 1989,
7 upon the basis of passage of a standard examination designated as
8 such under the provisions of article 15 of chapter 12 of the Kansas
9 Statutes Annotated, and amendments thereto, and whose certificate or
10 license was issued by a political subdivision which prescribed a
11 minimum score of not less than 70% for passage of such examination,
12 shall be required to be reexamined for renewal of certification or
13 licensure.
14     (e) Before issuing a journeyman or residential certificate, the
15 issuing jurisdiction shall verify the validity of the applicant's
16 documented proof of a minimum of two years field experience. "Field
17 experience" means working under the direct supervision of a person
18 having a valid journeyman certificate, residential certificate or master
19 certificate or attending trade related schooling. No more than one year
20 of the requirement may be satisfied by trade related schooling.
21 Schooling shall consist of a minimum of 930 program hours
22 documented by a certificate of completion.
23     (f) Before issuing a master certificate, the issuing jurisdiction
24 shall verify the validity of the applicant's documented proof of having
25 a valid journeyman certificate for a minimum of two years.
26     (g) No city or county shall issue any license pursuant to this section
27 on and after July 1, 2027.
28     (h) Licenses issued by a city or county pursuant to this section prior
29 to July 1, 2027, shall be effective for practice in every city or county in
30 this state.
31     Sec. 3. 14. K.S.A. 12-1527 is hereby amended to read as follows: 12-
32 1527. (a) On and after July 1, 2027, for any city or county that
33 requires a certification or license for practice as a master, journeyman
34 or residential electrician, no person shall practice as an electrical
35 contractor, a master, journeyman or residential electrician within the state
36 of Kansas any such jurisdiction unless licensed by the board of technical
37 professions state fire marshal pursuant to the provisions of K.S.A. 7001,
38 et seq., and amendments thereto the electrician licensing act. Such
39 license shall authorize practice within the scope of such license in every
40 city or county within this state that requires licensure or certification.
41 No city or county shall require any additional licensure requirements or
42 fees, nor provide for any alternative licensure or certification.
43     (b) Within their such city's or county's respective jurisdictions and
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1 subject to the provisions of K.S.A. 12-1526 12-1527 and 74-7001 et seq.
2 the electrician licensing act, and amendments thereto, any city or county
3 may:
4     (a) Utilize examinations other than those designated by K.S.A. 12-
5 1525, and amendments thereto, for the examination of electricians for
6 licensure to practice only within the jurisdiction of such city or county;
7     (b)(1) Adopt and enforce such electrical codes, standards and
8 regulations as the board of county commissioners or governing body of the
9 city deem appropriate; and
10     (c)(2) conduct such inspections and fix such reasonable fees therefor
11 as the board of county commissioners or governing body of the city may
12 prescribe.
13     Except when authorized by reciprocal agreement between the political
14 subdivisions involved, licenses granted upon the basis of examinations
15 other than those designated by K.S.A. 12-1525, and amendments thereto,
16 shall not authorize an electrician to practice outside of the jurisdiction of
17 the city or county granting such license.
18     Sec. 4. K.S.A. 74-7003 is hereby amended to read as follows: 74-
19 7003. As used in K.S.A. 74-7001 et seq., and amendments thereto:
20     (a) "Agricultural building" means any structure designed and
21 constructed to house hay, grain, poultry, livestock or other horticultural
22 products, or for farm storage of farming implements. Such structure shall
23 not be a place for human habitation or a place of employment where
24 agricultural products are processed, treated or packaged, nor shall it be a
25 building or structure for use by the public.
26     (b) "Architect" means a person who is qualified to engage in the
27 practice of architecture and who is licensed by the board to practice
28 architecture as provided in K.S.A. 74-7001 et seq., and amendments
29 thereto.
30     (c) (1) "Architecture" or "practice of architecture" means providing,
31 offering to provide or holding oneself out as able to provide professional
32 architectural services or performing creative work which requires
33 architectural education, training and experience as may be required in
34 connection with the design and construction, restoration, enlargement or
35 alteration of non-exempt public or private buildings intended for human
36 habitation, occupancy or use, and the spaces within and the site
37 surrounding such buildings.
38     (2) Professional architectural services include the following:
39 Common technical services, as defined in subsection (g); pre-design and
40 schematic design; programming; planning; preparing or providing
41 architectural designs, drawings, specifications and other technical
42 submissions; the design of items relating to building code requirements, as
43 such items pertain to architecture; and the preparation of any architectural
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1 design features that are required on legal documents and those other
2 professional architectural services as may be necessary for the rendering of
3 services which that have the purpose of protecting the health, safety,
4 property and welfare of the public.
5     (3) The term "Architecture" or "practice of architecture" shall does
6 not include those services specifically identified in the definition of
7 "landscape architecture," "professional engineering," "professional
8 geology" and "professional surveying" except for those services which
9 that are included in the term "common technical services," as defined in
10 subsection (g).
11     (d) "Board" means the state board of technical professions.
12     (e) "Building" means any permanent structure which is enclosed or
13 partially enclosed that provides shelter for human habitation.
14     (f) "Business entity" means a general corporation, professional
15 corporation, limited liability company, limited liability partnership,
16 corporate partnership or other legal entity created by law.
17     (g) "Common technical services" means those services which may be
18 offered or performed by any licensee, are performed within the licensee's
19 defined scope of practice and are further described as follows:
20     (1) Representation of clients in connection with contracts entered into
21 between clients and others;
22     (2) coordination of elements of technical submissions prepared by the
23 licensee's consultants;
24     (3) administration of contracts for construction;
25     (4) observation of construction for general conformance with
26 requirements of approved construction documents or technical
27 submissions prepared by a licensee;
28     (5) performing acts of consultation and technical investigation;
29     (6) providing expert technical testimony or testimony evaluation;
30     (7) performing technical evaluations and research;
31     (8) teaching in a college or university offering an accredited technical
32 professional curriculum recognized by the board;
33     (9) providing responsible supervision of these services, insofar as
34 such services involve safeguarding the health, safety, property and welfare
35 of the public; and
36     (10) preparing and providing drawings, specifications and other
37 technical submissions.
38     (h) "Construction administration" means the provision of technical
39 professional services during construction by licensees, or persons under
40 the licensee's responsible supervision, which act to confirm substantial
41 compliance with the requirements and provisions of applicable technical
42 documents prepared by the licensee or under the licensee's responsible
43 supervision. Such technical professional services include, but are not
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1 limited to: Assisting with bidding or negotiation processes; reviewing and
2 acting upon shop drawings and other submittals; providing clarification or
3 interpretation of the licensee's technical documents; evaluating general
4 progress of construction; observing or evaluating completed construction;
5 and assisting the client in matters related to the licensee's technical
6 professional expertise. Construction administration services do not include
7 management of, or responsibility for, the contractor's construction
8 activities, means or methods.
9     (i) "Electrician," generally, or "electrical contractor," "master
10 electrician," "journeyman electrician" or "residential electrician,"
11 specifically, means a person who is qualified to engage in the practice of
12 an electrical contractor, master electrician, journeyman electrician or
13 residential electrician, respectively, and licensed by the board to practice
14 such respective profession and perform the respective electrical work as
15 provided in K.S.A. 74-7001 et seq., and amendments thereto.
16     (j) "Electrical work" or "practice as an electrician" means providing,
17 offering to provide or representing oneself as able to provide professional
18 electrician services as an electrical contractor, master electrician,
19 journeyman electrician or residential electrician.
20     (k) "Government client" means any state, county or municipal
21 governmental entity, including, but not limited to, any department, agency,
22 authority, planning district, board, commission, office or institution
23 thereof, and any school district, college, university and any individual
24 acting under authority to represent any such governmental entity.
25     (j)(l) "Landscape architect" means a person who is qualified to
26 engage in the practice of landscape architecture and who is licensed by the
27 board to practice landscape architecture as provided in K.S.A. 74-7001 et
28 seq., and amendments thereto.
29     (k)(m) (1) "Landscape architecture" or "practice of landscape
30 architecture" means performing professional landscape architectural
31 services, including the following: Common technical services, as defined
32 in subsection (g); consultation, planning, designing or responsible
33 supervision in connection with the development of land areas for
34 preservation and enhancement; the development of sustainable designs and
35 technology; preparation, review and analysis of master plans for land use
36 and development; production of overall site development and land
37 enhancement plans, grading and drainage plans, irrigation plans, planting
38 plans and construction details; specifications, cost analysis and reports for
39 land development; and the designing of land forms and non-habitable
40 structures for aesthetic and functional purposes, such as pools, walls and
41 structures for outdoor living spaces, for public and private use. The
42 practice of landscape architecture also encompasses the determination of
43 proper land use as it pertains to: Natural features; ground cover, use,
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1 nomenclature and arrangement of plant material adapted to soils and
2 climate; naturalistic and aesthetic values; settings and approaches to
3 structures and other improvements; soil conservation; erosion control; and
4 the development of outdoor space in accordance with ideals of human use
5 and enjoyment.
6     (2) The term "Landscape architecture" or "practice of landscape
7 architecture" shall does not include those services specifically identified in
8 the definition of "architecture," "professional engineering," "professional
9 geology" and "professional surveying" except for those services which
10 that are included in the term "common technical services," as defined in
11 subsection (g).
12     (l)(n) "License" means a license to practice the technical professions
13 granted under K.S.A. 74-7001 et seq., and amendments thereto.
14     (m)(o) "Person" means a natural person or business entity.
15     (n)(p) "Principal" means a person who serves in a business entity as
16 an officer, member of a board of directors, member of a limited liability
17 company or partner.
18     (o)(q) "Professional engineer" means a person who is qualified to
19 engage in the practice of engineering and who is licensed by the board to
20 practice engineering as provided in K.S.A. 74-7001 et seq., and
21 amendments thereto.
22     (p)(r) (1) "Professional engineering" or "practice of engineering"
23 means providing, offering to provide, or holding oneself out as able to
24 provide professional engineering services, the adequate performance of
25 which requires engineering education, training and experience in the
26 application of special knowledge of the mathematical, physical and
27 engineering sciences, including the following: Common technical services,
28 as defined in subsection (g); consulting, investigating, evaluating, planning
29 and designing of engineering works and systems; producing engineering
30 surveys and studies; and preparing any engineering design features which
31 embrace such service or work, either public or private, for any utilities,
32 structures, buildings, machines, equipment, processes, work systems,
33 projects and industrial or consumer products or equipment of a
34 mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as
35 they involve safeguarding the health, safety, property or welfare of the
36 public.
37     (2) As used in this subsection, the term "engineering surveys"
38 includes all survey activities required to support the sound conception,
39 planning, design, construction, maintenance and operation of engineered
40 projects, but excludes the surveying of real property for the establishment
41 of land boundaries, rights-of-way, easements and the dependent or
42 independent surveys or resurveys of the public land survey system.
43     (3) The term "Professional engineering" or "practice of professional
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1 engineering" shall does not include those services specifically identified in
2 the definition of "architecture," "landscape architecture," "professional
3 geology" and "professional surveying" except for those services which
4 that are included in the term "common technical services," as defined in
5 subsection (g).
6     (q)(s) "Professional geologist" means a person who is qualified to
7 engage in the practice of geology and who is licensed by the board to
8 practice geology as provided in K.S.A. 74-7001 et seq., and amendments
9 thereto.
10     (r)(t) (1) "Professional geology" or "practice of professional geology"
11 means the performing of professional geology services, including the
12 following: Common technical services, as defined in subsection (g);
13 planning or mapping, providing observation, or the responsible
14 supervision thereof, in connection with the treatment of the earth and its
15 origin and history, in general; the investigation of the earth's constituent
16 rocks, minerals, solids, fluids, including surface and underground waters,
17 gases and other materials; and the study of the natural agents, forces and
18 processes which cause changes in the earth.
19     (2) The term "Professional geology" or "practice of professional
20 geology" shall does not include those services specifically identified in the
21 definition of "architecture," "landscape architecture," "professional
22 engineering" and "professional surveying" except for those services which
23 that are included in the term "common technical services," as defined in
24 subsection (g).
25     (s)(u) "Professional surveyor" means any person who is engaged in
26 the practice of surveying and who is licensed by the board to practice
27 surveying as provided in K.S.A. 74-7001 et seq., and amendments thereto.
28     (t)(v) (1) "Professional surveying" or "practice of professional
29 surveying" means providing, or offering to provide, professional surveying
30 services, including the following: Common technical services, as defined
31 in subsection (g); using such sciences as mathematics, geodesy and
32 photogrammetry; and involving the making of geometric measurements
33 and gathering related information pertaining to the physical or legal
34 features of the earth, improvements on the earth, the space above, on or
35 below the earth and providing, utilizing or developing the same into
36 survey products such as graphics, data, maps, plans, reports, descriptions
37 or projects. "Professional surveying services" also include includes
38 planning, mapping, assembling and interpreting gathered measurements
39 and information related to any one or more of the following:
40     (A) Determining by measurement the configuration or contour of the
41 earth's surface or the position of fixed objects thereon;
42     (B) determining by performing geodetic surveys the size and shape of
43 the earth or the position of any point on the earth;
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1     (C) locating, relocating, establishing, re-establishing or retracing
2 property lines or boundaries of any tract of land, road, right-of-way or
3 easement;
4     (D) preparing the original descriptions of real property for the
5 conveyance of or recording thereof and the preparation of graphics, data,
6 maps, plans, reports, land subdivision plats, descriptions and projects that
7 represent these surveys;
8     (E) determining, by the use of principles of surveying, the position
9 for any survey monument, whether boundary or non-boundary, or
10 reference point and establishing or replacing any such monument or
11 reference point;
12     (F) making any survey for the division, subdivision or consolidation
13 of any tract of land;
14     (G) locating or laying out alignments, positions or elevations where
15 such work is part of the construction of engineering or architectural works;
16 and
17     (H) creating, preparing or modifying electronic, computerized or
18 other data relative to performance of the activities set forth in
19 subparagraphs (A) through (G).
20     (2) The term "Professional surveying" or "practice of professional
21 surveying" shall does not include those services specifically identified in
22 the definition of "architecture," "landscape architecture," "professional
23 engineering" and "professional geology" except for those services which
24 that are included in the term "common technical services," as defined in
25 subsection (g).
26     (u)(w) "Responsible charge" means the application of personal
27 supervision and professional judgment, and the incorporation of detailed
28 knowledge with respect to the content of a technical submission by a
29 licensee when applying the normal standard of care for the work that such
30 licensee is licensed to perform.
31     (v)(x) "Standard of care" means the duty to exercise the degree of
32 learning and skill ordinarily possessed by a reputable licensee practicing in
33 Kansas in the same or similar locality and under similar circumstances.
34     (w)(y) "Technical professions" includes the professions of
35 architecture, landscape architecture, professional engineering, professional
36 geology and professional surveying as the practice of such professions are
37 defined in K.S.A. 74-7001 et seq., and amendments thereto.
38     Sec. 5. K.S.A. 74-7004 is hereby amended to read as follows: 74-
39 7004. (a) For the purpose of administering the provisions of this act and in
40 order to establish and maintain a high standard of integrity, skills and
41 practice in the technical professions and to safeguard the health, safety,
42 property and welfare of the public, the governor shall appoint a state board
43 of technical professions consisting of 13 members. At least 30 days prior
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1 to the expiration of any term other than that of a member appointed from
2 the general public, professional societies and associations which that are
3 respectively representative of each branch of the technical professions may
4 submit to the governor a list of three or more names of persons of
5 recognized ability who have the qualifications prescribed for board
6 members for appointment from that such branch of the technical
7 professions. The governor shall consider the such list of persons in making
8 the appointment to the board. In case of a vacancy in the membership of
9 the board, other than that of a member appointed from the general public,
10 for any reason other than the expiration of a term of office, the governor
11 shall appoint a qualified successor to fill the unexpired term. In making the
12 appointment, the governor shall give consideration to the list of persons
13 last submitted.
14     (b) Within 30 days of July 1, 2026, professional societies and
15 associations that are representative of electrical contractors or master,
16 journeyman or residential electricians may submit to the governor a list of
17 six or more names of persons of recognized ability who have the
18 qualifications prescribed for such board members for appointment. The
19 governor shall consider such list of persons in making appointments to the
20 board to fulfill the two board memberships of persons engaged in practice
21 as electricians as provided by K.S.A. 74-7005, and amendments thereto.
22 Following the first appointments, such members shall be appointed
23 pursuant to to the provisions of K.S.A. 74-7001, et seq., and amendments
24 thereto.
25     Sec. 6. K.S.A. 74-7005 is hereby amended to read as follows: 74-
26 7005. (a) Membership of the board shall be as follows:
27     (1) Four members shall have been engaged in the practice of
28 engineering for at least eight years, which practice shall include
29 responsible charge of engineering work, and shall be Kansas licensed
30 professional engineers. At least one of such members shall be engaged in
31 private practice as an engineer. At least one of such members may also be
32 licensed as a Kansas professional surveyor, as well as a Kansas licensed
33 professional engineer.
34     (2) Two members shall have been engaged in the practice of
35 surveying for at least eight years, which practice shall include responsible
36 charge of surveying work, and shall be Kansas licensed professional
37 surveyors.
38     (3) Three members shall have been engaged in the practice of
39 architecture for at least eight years, which practice shall include
40 responsible charge of architectural work, and shall be Kansas licensed
41 architects.
42     (4) One member shall have been engaged in the practice of landscape
43 architecture for at least eight years, which practice shall include
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1 responsible charge of landscape architectural work, and shall be a Kansas
2 licensed landscape architect.
3     (5) One member shall have been engaged in the practice of geology
4 for at least eight years, which practice shall include responsible charge of
5 geology work, and shall be a Kansas licensed professional geologist.
6     (6) Two members shall be from the general public of this state.
7     (7) Two members shall have been engaged in practice as electricians
8 for at least eight years, which practice shall include responsible charge of
9 electrician work, and shall be Kansas licensed electricians.
10     (b) Each member of the board shall be a citizen of the United States
11 and a resident of this state.
12     (c) Any amendments to this section shall not be applicable to any
13 member of the board who was appointed to the board and qualified for
14 such appointment under this section prior to the effective date of such
15 enactment.
16     Sec. 7. K.S.A. 74-7035 is hereby amended to read as follows: 74-
17 7035. The provisions of K.S.A. 74-7001 et seq., and amendments thereto,
18 shall not apply to:
19     (a) The work of an employee, consultant or a subordinate of a person
20 holding a license under K.S.A. 74-7001 et seq., and amendments thereto, if
21 such work does not include final designs or decisions, responsible charge
22 of design and is done under the direct responsibility and supervision of a
23 person practicing lawfully a technical profession or, except as otherwise
24 provided pursuant to the provisions of K.S.A. 74-7001 et seq., and
25 amendments thereto, work of an apprentice of a licensed journeyman,
26 master or residential electrician, if such work is done under the direct
27 responsibility and supervision of a licensed journeyman, master or
28 residential electrician;
29     (b) the work of any person who is exclusively and regularly
30 employed by a single employer, provided if, such employer is not an
31 engineering, architectural, surveying, landscape architectural or, geology
32 firm, or electrical contractor and is not primarily engaged in the business
33 of conveying an interest in real property, and also provided, such work is
34 performed under an employer-employee relationship, and making surveys
35 of land and determinations of physical property rights is performed solely
36 in connection with the affairs of such employer or its subsidiaries and
37 affiliates and solely for the uses, purposes and benefit of such employer,
38 subsidiaries and affiliates; or
39     (c) a plumbing contractor, master plumber or journeyman plumber
40 licensed under the provisions of K.S.A. 12-1508 et seq., and amendments
41 thereto, while performing the work that such plumber is authorized to
42 perform pursuant to such license; or.
43     (d) an electrical contractor, master electrician, journeyman electrician
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1 or residential electrician licensed under the provisions of K.S.A. 12-1525
2 et seq., and amendments thereto, while performing the work such
3 electrician is authorized to perform pursuant to such license.
4     (e) For purposes of this act, public officers and employees who,
5 within the scope of their employment and in the discharge of their public
6 duties, provide information pertinent to or review the sufficiency of
7 technical submissions, or who inspect property or buildings for
8 compliance with requirements safeguarding life, health or property, are not
9 engaged in the practice of the technical professions.
10     Sec. 8. K.S.A. 74-7040 is hereby amended to read as follows: 74-
11 7040. Any person licensed to practice the technical professions in the state
12 of Kansas at the time that this act takes effect or any person licensed to
13 practice as an electrical contractor, master electrician, journeyman
14 electrician or residential electrician on July 1, 2026, shall thereafter
15 continue to possess the same rights and privileges with respect to the
16 practice of the technical profession for which such person is licensed, in
17 accordance with the current definition of the practice of such technical
18 profession, without being required to obtain a new license under the
19 provisions of this act, subject to the power of the board as provided in this
20 act to suspend or revoke the license of any such person for any of the
21 causes set forth in K.S.A. 74-7026, and amendments thereto, and subject
22 to the power of the board to require any such person to renew such license
23 as provided in K.S.A. 74-7025, and amendments thereto.
24     Sec. 9. 15. K.S.A. 12-1525, 12-1526, and 12-1527, 74-7003, 74-
25 7004, 74-7005, 74-7035 and 74-7040 are hereby repealed.
26     Sec. 10. 16. This act shall take effect and be in force from and after
27 its publication in the statute book.