HOUSE BILL No. 4040

 

January 21, 2015, Introduced by Rep. Kosowski and referred to the Committee on Regulatory Reform.

 

      A bill to amend 1956 PA 217, entitled

 

"Electrical administrative act,"

 

by amending sections 3 and 3d (MCL 338.883 and 338.883d), section

 

3 as amended by 2012 PA 313 and section 3d as amended by 2012 PA

 

379.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 3. (1) The department of licensing and regulatory

 

 2  affairs shall grant licenses and registration certificates under

 

 3  this act to qualified applicants, issue orders and promulgate

 

 4  rules necessary for the enforcement and administration of this

 

 5  act, and enforce and administer this act. The rules shall be

 

 6  promulgated pursuant to the administrative procedures act of

 

 7  1969, 1969 PA 306, MCL 24.201 to 24.328.

 


 1        (2) The examination fee for licensure of any of the

 

 2  following is $25.00 if paid after September 30, 2015 and $100.00

 

 3  if paid on or before September 30, 2015:

 

 4        (a) Master electrician.

 

 5        (b) Electrical contractor.

 

 6        (c) Electrical journeyman.

 

 7        (d) Fire alarm contractor.

 

 8        (e) Fire alarm specialty technician.

 

 9        (f) Sign specialty contractor.

 

10        (g) Sign specialist.

 

11        (3) The fee for an initial license, an apprentice

 

12  electrician registration, or renewal of a license relating to

 

13  electricians is as follows:

 

14        (a) If paid after September 30, 2015:

 

 

15        (i)     Master electrician....................... $25.00

16        (ii)    Electrical journeyman....................  20.00

17        (iii)    Apprentice electrician...................   5.00

 

 

18        (b) If paid on or before September 30, 2015:

 

 

19        (i)     Master electrician....................... $50.00

20        (ii)    Electrical journeyman....................  40.00

21        (iii)    Apprentice electrician...................  15.00

 

 

22        (4) The fee for an initial fire alarm specialty technician

 

23  license, a fire alarm specialty apprentice technician

 

24  registration, or renewal of a license or registration is as

 

25  follows:


 

 1        (a) If paid after September 30, 2015:

 

 

       (i)     Fire alarm specialty technician.........  $25.00

       (ii)    Fire alarm specialty apprentice

              technician..............................    5.00

 

 

 5        (b) If paid on or before September 30, 2015:

 

 

       (i)     Fire alarm specialty technician.......... $50.00

       (ii)    Fire alarm specialty apprentice

              technician...............................  15.00

 

 

 9        (5) The fee for an initial sign specialist license or

 

10  renewal of a sign specialist license is $20.00 if paid after

 

11  September 30, 2015 and $40.00 if paid on or before September 30,

 

12  2015.

 

13        (6) An apprentice electrician or specialty apprentice

 

14  technician registration expires on August 31 of each year and is

 

15  renewable within 30 days after that date if a renewal fee is

 

16  paid. The amount of the fee is $10.00 if paid after September 30,

 

17  2015 and $15.00 if paid on or before September 30, 2015. An

 

18  applicant shall submit proof of a sponsoring employer for initial

 

19  or renewal registration.

 

20        (7) Except as otherwise provided in subsection (8), a

 

21  license issued under this act expires on December 31 of each year

 

22  and is renewable not more than 60 days after that date if an

 

23  application is submitted and the appropriate fee is paid. After

 

24  March 1 of each year or after March 1 of the renewal year in the

 


 1  case of electrical contractors, fire alarm contractors, or sign

 

 2  specialty contractors, a license that is not renewed is void and

 

 3  may only be reinstated if an application for reinstatement is

 

 4  submitted and the appropriate license fee for the appropriate

 

 5  class is paid.

 

 6        (8) A license for an electrical contractor, fire alarm

 

 7  contractor, or sign specialty contractor expires December 31 of

 

 8  every third year. A license for an electrical contractor, fire

 

 9  alarm contractor, or sign specialty contractor is renewable not

 

10  later than on March 1 every third year by submitting an

 

11  application and paying 1 of the following amounts:

 

12        (a) A fee of $200.00 if paid after September 30, 2015 and

 

13  $300.00 if paid on or before September 30, 2015 by electrical

 

14  contractors and fire alarm contractors.

 

15        (b) A fee of $120.00 if paid after September 30, 2015 and

 

16  $200.00 if paid on or before September 30, 2015 by sign specialty

 

17  contractors.

 

18        (9) If a person applying for an initial or reinstatement

 

19  contractor's license at a time other than between December 31 and

 

20  March 1 of the year in which the department issues renewal

 

21  licenses, the department of licensing and regulatory affairs

 

22  shall compute and charge the 3-year license fee described in

 

23  subsection (8) on a yearly pro rata basis beginning in the year

 

24  of the application until the last year of the 3-year license

 

25  cycle.

 

26        (10) The department of licensing and regulatory affairs

 

27  shall issue an initial or renewal license for an electrical

 


 1  contractor, fire alarm contractor, or sign specialty contractor

 

 2  not later than 90 days after the applicant files a completed

 

 3  application. The date of filing of the application is considered

 

 4  the date the application is received by any agency or department

 

 5  of this state. If the application is considered incomplete by the

 

 6  department of licensing and regulatory affairs, the department of

 

 7  licensing and regulatory affairs shall notify the applicant in

 

 8  writing, or make the information electronically available to the

 

 9  applicant, within 30 days after the date of filing of the

 

10  incomplete application, describing the deficiency and requesting

 

11  the additional information. The 90-day period is tolled from the

 

12  date of notification by the department of licensing and

 

13  regulatory affairs of a deficiency until the date the requested

 

14  information is received by the department of licensing and

 

15  regulatory affairs. The determination of the completeness of an

 

16  application does not operate as an approval of the application

 

17  for the license and does not confer eligibility of an applicant

 

18  determined otherwise ineligible for issuance of a license.

 

19        (11) If the department of licensing and regulatory affairs

 

20  fails to issue or deny a license within the time required by this

 

21  section, the department of licensing and regulatory affairs shall

 

22  return the license fee and shall reduce the license fee for the

 

23  applicant's next renewal application, if any, by 15%. The failure

 

24  to issue a license within the time required under this section

 

25  does not allow the department of licensing and regulatory affairs

 

26  to otherwise delay the processing of the application, and the

 

27  department shall place that application, when completed, in

 


 1  sequence with other completed applications received at that same

 

 2  time. The department of licensing and regulatory affairs shall

 

 3  not discriminate against an applicant in the processing of the

 

 4  application based on the fact that the license fee was refunded

 

 5  or discounted under this subsection.

 

 6        (12) The director of the department of licensing and

 

 7  regulatory affairs shall submit a report by December 1 of each

 

 8  year to the standing committees and appropriations subcommittees

 

 9  of the senate and house of representatives concerned with

 

10  occupational issues. The director shall include all of the

 

11  following information in the report concerning the preceding

 

12  fiscal year:

 

13        (a) The number of initial and renewal applications the

 

14  department received and completed within the 90-day time period

 

15  described in subsection (10).

 

16        (b) The number of applications denied by the department.

 

17        (c) The number of applicants that were not issued a license

 

18  within the 90-day time period and the amount of money returned to

 

19  licensees under subsection (11).

 

20        (13) The board shall provide for the examinations required

 

21  under sections 3b to 3k. The board and department of licensing

 

22  and regulatory affairs, acting jointly, may develop an

 

23  examination or contract for the use of an examination developed

 

24  by another governmental subdivision or any other entity,

 

25  including, but not limited to, the national assessment institute,

 

26  National Assessment Institute, that the department of licensing

 

27  and regulatory affairs and the board, acting jointly, review and

 


 1  determine is designed to test the qualifications and competency

 

 2  of applicants seeking a license under this act. All of the

 

 3  following apply to the examinations described in this subsection:

 

 4        (a) The examination for electrical journeymen under section

 

 5  3d and master electricians under section 3c shall include, but

 

 6  not be limited to, questions designed to test an individual's

 

 7  knowledge of this act, any rules promulgated under this act, the

 

 8  Stille-DeRossett-Hale single state construction code act, any

 

 9  code adopted under section 4 of that act, MCL 125.1504, any code

 

10  adopted under section 8a of that act, MCL 125.1508a, and the

 

11  theory relative to those codes.

 

12        (b) The examination for electrical contractors under section

 

13  3b shall include, but not be limited to, questions designed to

 

14  test an individual's knowledge of this act, any rules promulgated

 

15  under this act, the Stille-DeRossett-Hale single state

 

16  construction code act, and the administration and enforcement

 

17  procedures of any code adopted under section 8a of that act, MCL

 

18  125.1508a.

 

19        (c) The examination for fire alarm specialty licenses under

 

20  section 3f, 3g, or 3h shall include questions designed to test an

 

21  individual's knowledge of this act, any rules promulgated under

 

22  this act, and the Stille-DeRossett-Hale single state construction

 

23  code act, as relating to fire alarm systems. The board and

 

24  department of licensing and regulatory affairs, acting jointly,

 

25  may require, as a condition for licensure, certification of the

 

26  applicant in the field of fire alarm systems technology by the

 

27  national institution for certification in engineering technology

 


 1  National Institution for Certification in Engineering Technology

 

 2  or equivalent certification as determined by the board.

 

 3        (d) The examination for sign specialty licenses under

 

 4  section 3j or 3k shall include, but not be limited to, questions

 

 5  designed to test an individual's knowledge of this act and any

 

 6  rules promulgated under this act relating to electric signs and

 

 7  applicable sections of the code.

 

 8        (e) Examinations shall be offered at locations throughout

 

 9  the state as determined by the board. The department of licensing

 

10  and regulatory affairs in consultation with the board may

 

11  designate a person to give the examination at any location.

 

12  Copies of examinations developed by a governmental subdivision

 

13  shall be presented for board approval, shall remain the property

 

14  of the governmental subdivision, and shall be returned to that

 

15  governmental subdivision without having been copied or reproduced

 

16  in any manner.

 

17        (14) The department of licensing and regulatory affairs

 

18  shall annually submit to the members of the legislature a

 

19  comprehensive report detailing the expenditure of the additional

 

20  money resulting from the 1989 amendatory act that increased the

 

21  fees contained in this section.

 

22        (15) The department of licensing and regulatory affairs

 

23  shall waive any fee otherwise required under this section if the

 

24  person responsible for paying the fee meets any of the

 

25  following:applicant is an individual who served in the armed

 

26  forces and he or she provides to the department a form DD214,

 

27  form DD215, or any other form that is satisfactory to the

 


 1  department that demonstrates he or she was separated from that

 

 2  service with an honorable character of service or under honorable

 

 3  conditions (general) character of service.

 

 4        (a) If the person is an individual, he or she is, and

 

 5  provides proof satisfactory to the department that he or she is,

 

 6  an honorably discharged veteran of the armed forces of the United

 

 7  States.

 

 8        (b) If the person is a nonprofit corporation organized on a

 

 9  membership or directorship basis, a majority of the members or

 

10  directors, as applicable, are, and the person provides proof

 

11  satisfactory to the department that a majority of the members or

 

12  directors are, honorably discharged veterans of the armed forces

 

13  of the United States.

 

14        (c) If the person is not an individual or a nonprofit

 

15  corporation described in subdivision (b), a majority of the

 

16  shares or other ownership interests of the person are, and the

 

17  person provides proof satisfactory to the department that those

 

18  interests are, held by 1 or more honorably discharged veterans of

 

19  the armed forces of the United States.

 

20        (16) As used in this section, "completed application" means

 

21  an application that is complete on its face and submitted with

 

22  any applicable licensing fees and any other information, records,

 

23  approval, security, or similar item required by law or rule from

 

24  a local unit of government, a federal agency, or a private entity

 

25  but not from another department or agency of this state.

 

26        Sec. 3d. (1) The department of licensing and regulatory

 

27  affairs shall issue an electrical journeyman's license to any

 


 1  individual who is at least 20 years of age and who does all of

 

 2  the following:

 

 3        (a) Files a completed application form provided by the

 

 4  department of licensing and regulatory affairs.

 

 5        (b) Pays the examination fee required under section 3 and

 

 6  passes an examination provided for by the board and the

 

 7  department of licensing and regulatory affairs.

 

 8        (c) Pays the license fee required under section 3.

 

 9        (d) Meets either of the following:

 

10        (i) Has at least 8,000 hours of experience obtained over a

 

11  period of at least 4 years related to electrical construction or

 

12  maintenance of buildings or electrical wiring or equipment under

 

13  the direct supervision of an individual licensed under this act.

 

14        (ii) While on active duty as a member of the armed forces,

 

15  served as an interior electrician or in an equivalent job

 

16  classification; was honorably discharged from that military

 

17  service in the 1-year period preceding the date the license

 

18  application is filed; provides to the department a form DD214,

 

19  form DD215, or any other form that is satisfactory to the

 

20  department that demonstrates he or she was separated from

 

21  military service with an honorable character of service or under

 

22  honorable conditions (general) character of service; and has, and

 

23  provides with his or her application an affidavit signed by a

 

24  commanding officer, supervisor, or military superior with direct

 

25  knowledge of the applicant's service that states that he or she

 

26  has, at least 8,000 hours of entry-level experience in and basic

 

27  knowledge of each of the following:

 


 1        (A) General knowledge of the electrical trade, including

 

 2  terminology and the ability to make practical calculations.

 

 3        (B) The determination of system and circuit grounding and

 

 4  design and use requirements for grounding, including choosing

 

 5  proper size grounding conductors.

 

 6        (C) Knowledge of circuit classifications and ratings and

 

 7  design and use requirements for circuits, including branch

 

 8  circuit loads.

 

 9        (D) The determination of ampacity, type of insulation, usage

 

10  requirements, methods of installation, protection, support, and

 

11  termination.

 

12        (E) Knowledge regarding the installation of motors and

 

13  control circuits.

 

14        (F) The calculation of electrical loads and determination of

 

15  proper size, rating, and type of service and feeder conductors.

 

16        (G) Knowledge regarding fuses, circuit breakers, and all

 

17  types of protective devices for conductors and equipment.

 

18        (H) Knowledge of all types of raceways and their uses,

 

19  including determining proper size, conductor fill, support, and

 

20  methods of installation.

 

21        (I) Knowledge of circuits and equipment characterized by

 

22  usage and electrical power limitations, including differentiating

 

23  them from electric light and power circuits.

 

24        (J) Knowledge of all types and applications of lighting

 

25  fixtures, ratings, requirements for occupancies, special

 

26  provisions, and clearances.

 

27        (2) If an applicant who otherwise meets the requirements of

 


 1  subsection (1)(d)(ii) has not attained 8,000 hours of entry-level

 

 2  experience or does not have basic knowledge in each of the areas

 

 3  described in subsection (1)(d)(ii)(A) to (J), he or she may

 

 4  provide with his or her application an affidavit signed by a

 

 5  commanding officer, supervisor, or military superior with direct

 

 6  knowledge of the applicant's service that states the amount of

 

 7  experience the applicant has attained and of which of the areas

 

 8  described in subsection (1)(d)(ii)(A) to (J) the applicant has

 

 9  basic knowledge, and the department may in its discretion grant

 

10  the applicant credit toward the 8,000-hour experience requirement

 

11  of subsection (1)(d)(i) based on the applicant's experience.

 

12        (3) If an applicant fails to pass the electrical journeyman

 

13  examination 2 times within a period of 2 years, the applicant is

 

14  ineligible to sit for another examination until a period of at

 

15  least 1 year after the date of failure of the second examination,

 

16  at which time he or she must present to the board proof of the

 

17  successful completion of a course on code, electrical

 

18  fundamentals, or electrical theory, approved by the board, in

 

19  order to again become eligible to sit for an examination.

 

20        (4) As a condition of renewal of an electrical journeyman's

 

21  license, the electrical journeyman shall demonstrate the

 

22  successful completion of a course, approved by the board,

 

23  concerning any update or change in the code within 12 months

 

24  after the update or change in that code. This requirement applies

 

25  only during or after those years that the code is updated or

 

26  changed.

 

27        (5) As used in this section and section 3, "armed forces"

 


 1  means that term as defined in section 2 of the veteran right to

 

 2  employment services act, 1994 PA 39, MCL 35.1092.

 

 3        Enacting section 1. This amendatory act takes effect 90 days

 

 4  after the date it is enacted into law.