November 1, 2005, Introduced by Rep. LaJoy and referred to the Committee on Regulatory Reform.
A bill to amend 1956 PA 217, entitled
"Electrical administrative act,"
by amending section 3 (MCL 338.883), as amended by 2004 PA 275.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The department shall grant licenses and
certificates to qualified applicants, issue orders and promulgate
rules necessary for the enforcement and administration of this act,
and enforce and administer this act. The rules shall be promulgated
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(2) The examination fee for licensure of the following is
$25.00:
(a) Master electrician.
(b) Electrical contractor.
(c) Electrical journeyman.
(d) Fire alarm contractor.
(e) Fire alarm specialty technician.
(f) Sign specialty contractor.
(g) Sign specialist.
(3) The fee for initial licensure, apprentice electrician
registration, or renewal of a license relating to electricians is
as follows:
(a) Master electrician................................... $25.00
(b) Electrical journeyman................................. 20.00
(c) Apprentice electrician................................. 5.00
(4) The fee for initial fire alarm specialty technician
licensure, fire alarm specialty apprentice technician registration,
or renewal of a license or registration is as follows:
(a) Fire alarm specialty technician...................... $25.00
(b) Fire alarm specialty apprentice technician............. 5.00
(5) The fee for initial sign specialist licensure or renewal
of a sign specialist license is $20.00.
(6) An apprentice electrician or specialty apprentice
technician registration expires on August 31 of each year and is
renewable within 30 days after that date upon payment of a $10.00
renewal fee. An applicant shall submit proof of a sponsoring
employer for initial or renewal registration.
(7) Except as otherwise provided in subsection (8), a license
issued under this act expires on December 31 of each year and is
renewable not more than 60 days after that date upon application
and payment of the appropriate fee. After March 1 of each year or
after March 1 of the renewal year in the case of electrical
contractors, fire alarm contractors, and sign specialty
contractors, a license not renewed is void and may be reinstated
only upon application for reinstatement and payment of the
appropriate license fee for the appropriate class.
(8) The license for an electrical contractor, fire alarm
contractor, and sign specialty contractor expires December 31 of
every third year. The license for an electrical contractor, fire
alarm contractor, and sign specialty contractor is renewable not
later than on March 1 every third year upon application and payment
of $200.00 by electrical contractors and fire alarm contractors and
application and payment of $120.00 by sign specialty contractors.
In the case of a person applying for an initial or reinstatement
contractor's license at a time other than between December 31 and
March 1 of the year in which the department issues renewal
licenses, the department shall compute and charge the 3-year
license fee described in this subsection on a yearly pro rata basis
beginning in the year of the application until the last year of the
3-year license cycle.
(9)
Beginning the effective date of the amendatory act that
added
this subsection July 23,
2004, the department of labor and
economic growth shall issue an initial or renewal license for
electrical contractors, fire alarm contractors, and sign specialty
contractors not later than 90 days after the applicant files a
completed application. Receipt of the application is considered the
date the application is received by any agency or department of the
state of Michigan. If the application is considered incomplete by
the department of labor and economic growth, the department of
labor and economic growth shall notify the applicant in writing, or
make the information electronically available, within 30 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. The 90-day period is
tolled upon notification by the department of labor and economic
growth of a deficiency until the date the requested information is
received by the department of labor and economic growth. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(10) If the department of labor and economic growth fails to
issue or deny a license within the time required by this section,
the department of labor and economic growth shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. The failure to issue a
license within the time required under this section does not allow
the department of labor and economic growth to otherwise delay the
processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department of labor
and economic growth shall not discriminate against an applicant in
the processing of the application based upon the fact that the
license fee was refunded or discounted under this subsection.
(11) Beginning October 1, 2005, the director of the department
of labor and economic growth shall submit a report by December 1 of
each year to the standing committees and appropriations
subcommittees of the senate and house of representatives concerned
with occupational issues. The director of the department of labor
and economic growth shall include all of the following information
in the report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (9).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day time period and the amount of money returned to licensees
under subsection (10).
(12) The board shall provide for an examination to be given to
an applicant seeking licensure under this act for a specific class
of license. The board and department of labor and economic growth,
acting jointly, may develop an examination or contract for the use
of an examination developed by another governmental subdivision or
any other entity including, but not limited to, the national
assessment institute, which the department of labor and economic
growth and the board, acting jointly, review and determine is
designed to test the qualifications and competency of applicants
seeking licensure under this act.
(13) The examination for electrical journeymen and master
electricians shall include, but not be limited to, questions
designed to test an individual's knowledge of this act, any rules
promulgated under this act, the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, and
any code adopted pursuant to section 4 of that act and any code
adopted
pursuant to section 8 8a
of that act as well as the
theory relative to those codes. In the case of the examination for
an electrical contractor's license, the examination shall include,
but not be limited to, questions designed to test an individual's
knowledge of this act, any rules promulgated under this act, the
Stille-DeRossett-Hale single state construction code act, 1972 PA
230, MCL 125.1501 to 125.1531, and the administration and
enforcement
procedures of any code adopted pursuant to section 8
or
9 8a of that act.
(14) The board shall provide for an examination to be given to
an applicant seeking fire alarm specialty licensure under this act.
The examinations for fire alarm specialty licensure shall include
questions designed to test an individual's knowledge of this act,
any rules promulgated under this act, and the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1501 to
125.1531, as relating to fire alarm systems. The board and
department of labor and economic growth, acting jointly, may
require, as a condition for licensure, certification of the
applicant in the field of fire alarm systems technology by the
national institution for certification in engineering technology or
equivalent as determined by the board.
(15) The board shall provide for an examination to be given to
an applicant seeking sign specialty licensure under this act. The
examinations for sign specialty licensure shall include, but not be
limited to, questions designed to test an individual's knowledge of
this act and any rules promulgated under this act relating to
electric signs and applicable sections of the code.
(16) Examinations shall be offered at locations throughout the
state as determined by the board. The department of labor and
economic growth in consultation with the board may designate a
person to give the examination at any location. The examinations
for electrical journeymen and master electricians shall be offered
within the city of Detroit at least once per calendar year. Copies
of examinations developed by a governmental subdivision shall be
presented for board approval and shall remain the property of the
governmental subdivision and shall be returned to that governmental
subdivision without having been copied or reproduced in any manner.
(17) The department of labor and economic growth shall
annually submit to the members of the legislature a comprehensive
report detailing the expenditure of the additional money resulting
from the 1989 amendatory act that increased the fees contained in
this section.
(18) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing fees as well as any other information, records, approval,
security, or similar item required by law or rule from a local unit
of government, a federal agency, or a private entity but not from
another department or agency of the state of Michigan.