SUBSTITUTE FOR

HB-4844, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4844

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:

1 Sec. 3. (1) The department of labor and economic growth

2 shall grant licenses and certificates to qualified applicants,

3 issue orders and promulgate rules necessary for the enforcement

4 and administration of this act, and enforce and administer this

5 act. The rules shall be promulgated pursuant to the

6 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

7 24.328.

8 (2) The examination fee for licensure of the following is

9 ~~$25.00~~ $100.00:

1 (a) Master electrician.

2 (b) Electrical contractor.

3 (c) Electrical journeyman.

4 (d) Fire alarm contractor.

5 (e) Fire alarm specialty technician.

6 (f) Sign specialty contractor.

7 (g) Sign specialist.

8 (3) The fee for initial licensure, apprentice electrician

9 registration, or renewal of a license relating to electricians is

10 as follows:

11 (a) Master electrician....................$ ~~25.00~~ 50.00

12 (b) Electrical journeyman................. ~~20.00~~ 40.00

13 (c) Apprentice electrician................ ~~5.00~~ 15.00

14 (4) The fee for initial fire alarm specialty technician

15 licensure, fire alarm specialty apprentice technician

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

17 follows:

18 (a) Fire alarm specialty technician....... $ ~~25.00~~ 50.00

19 (b) Fire alarm specialty apprentice

20 technician..................................... ~~5.00~~ 15.00

21 (5) The fee for initial sign specialist licensure or renewal

22 of a sign specialist license is ~~$20.00~~ $40.00.

23 (6) An apprentice electrician or specialty apprentice

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

25 renewable within 30 days after that date upon payment of a ~~$10.00~~

1 $15.00 renewal fee. An applicant shall submit proof of a

2 sponsoring employer for initial or renewal registration.

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

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

5 and is renewable not more than 60 days after that date upon

6 application and payment of the appropriate fee. After March 1 of

7 each year or after March 1 of the renewal year in the case of

8 electrical contractors, fire alarm contractors, and sign

9 specialty contractors, a license not renewed is void and may be

10 reinstated only upon application for reinstatement and payment of

11 the appropriate license fee for the appropriate class.

12 (8) The license for an electrical contractor, fire alarm

13 contractor, and sign specialty contractor expires December 31 of

14 every third year. The license for an electrical contractor, fire

15 alarm contractor, and sign specialty contractor is renewable not

16 later than on March 1 every third year upon application and

17 payment of ~~$200.00~~ $300.00 by electrical contractors and fire

18 alarm contractors and application and payment of ~~$120.00~~ $200.00

19 by sign specialty contractors. In the case of a person applying

20 for an initial or reinstatement contractor's license at a time

21 other than between December 31 and March 1 of the year in which

22 the department issues renewal licenses, the department shall

23 compute and charge the 3-year license fee described in this

24 subsection on a yearly pro rata basis beginning in the year of

25 the application until the last year of the 3-year license cycle.

26 (9) Beginning ~~the effective date of the amendatory act that~~

27 ~~added this subsection~~ July 23, 2004, the department of labor and

1 economic growth shall issue an initial or renewal license for

2 electrical contractors, fire alarm contractors, and sign

3 specialty contractors not later than 90 days after the applicant

4 files a completed application. Receipt of the application is

5 considered the date the application is received by any agency or

6 department of the state of Michigan. If the application is

7 considered incomplete by the department of labor and economic

8 growth, the department of labor and economic growth shall notify

9 the applicant in writing, or make the information electronically

10 available, within 30 days after receipt of the incomplete

11 application, describing the deficiency and requesting the

12 additional information. The 90-day period is tolled upon

13 notification by the department of labor and economic growth of a

14 deficiency until the date the requested information is received

15 by the department of labor and economic growth. The determination

16 of the completeness of an application does not operate as an

17 approval of the application for the license and does not confer

18 eligibility of an applicant determined otherwise ineligible for

19 issuance of a license.

20 (10) If the department of labor and economic growth fails to

21 issue or deny a license within the time required by this section,

22 the department of labor and economic growth shall return the

23 license fee and shall reduce the license fee for the applicant's

24 next renewal application, if any, by 15%. The failure to issue a

25 license within the time required under this section does not

26 allow the department to otherwise delay the processing of the

27 application, and that application, upon completion, shall be

1 placed in sequence with other completed applications received at

2 that same time. The department shall not discriminate against an

3 applicant in the processing of the application based upon the

4 fact that the license fee was refunded or discounted under this

5 subsection.

6 (11) Beginning October 1, 2005, the director of the

7 department of labor and economic growth shall submit a report by

8 December 1 of each year to the standing committees and

9 appropriations subcommittees of the senate and house of

10 representatives concerned with occupational issues. The director

11 shall include all of the following information in the report

12 concerning the preceding 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 (9).

16 (b) The number of applications denied.

17 (c) The number of applicants not issued a license within the

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

19 under subsection (10).

20 (12) The board shall provide for an examination to be given

21 to an applicant seeking licensure under this act for a specific

22 class of license. The board and department of labor and economic

23 growth, acting jointly, may develop an examination or contract

24 for the use of an examination developed by another governmental

25 subdivision or any other entity including, but not limited to,

26 the national assessment institute, which the department of labor

27 and economic growth and the board, acting jointly, review and

1 determine is designed to test the qualifications and competency

2 of applicants seeking licensure under this act.

3 (13) The examination for electrical journeymen and master

4 electricians shall include, but not be limited to, questions

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

6 promulgated under this act, the Stille-DeRossett-Hale single

7 state construction code act, and any code adopted pursuant to

8 section 4 of that act and any code adopted pursuant to section 8

9 of that act as well as the theory relative to those codes. In the

10 case of the examination for an electrical contractor's license,

11 the examination shall include, but not be limited to, questions

12 designed to test an individual's knowledge of this act, any rules

13 promulgated under this act, the Stille-DeRossett-Hale single

14 state construction code act, and the administration and

15 enforcement procedures of any code adopted pursuant to section 8

16 or 9 of that act.

17 (14) The board shall provide for an examination to be given

18 to an applicant seeking fire alarm specialty licensure under this

19 act. The examinations for fire alarm specialty licensure shall

20 include questions designed to test an individual's knowledge of

21 this act, any rules promulgated under this act, and the Stille-

22 DeRossett-Hale single state construction code act, as relating to

23 fire alarm systems. The board and department of labor and

24 economic growth, acting jointly, may require, as a condition for

25 licensure, certification of the applicant in the field of fire

26 alarm systems technology by the national institution for

27 certification in engineering technology or equivalent as

1 determined by the board.

2 (15) The board shall provide for an examination to be given

3 to an applicant seeking sign specialty licensure under this act.

4 The examinations for sign specialty licensure shall include, but

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

6 knowledge of this act and any rules promulgated under this act

7 relating to electric signs and applicable sections of the code.

8 (16) Examinations shall be offered at locations throughout

9 the state as determined by the board. The department of labor and

10 economic growth in consultation with the board may designate a

11 person to give the examination at any location. Copies of

12 examinations developed by a governmental subdivision shall be

13 presented for board approval and shall remain the property of the

14 governmental subdivision and shall be returned to that

15 governmental subdivision without having been copied or reproduced

16 in any manner.

17 (17) The department of labor and economic growth shall

18 annually submit to the members of the legislature a comprehensive

19 report detailing the expenditure of the additional money

20 resulting from the 1989 amendatory act that increased the fees

21 contained in this section.

22 (18) By July 1 of each fiscal year, the department shall

23 multiply the amount of the fees imposed under this section by a

24 percentage amount equal to the average percentage wage and salary

25 increase granted to classified civil service employees employed

26 by the department FoR the fiscal year beginning the following

27 October 1.

1 (19) If the amount calculated under subsection (18) is less

2 than 10% of the fees imposed under this section, the department

3 shall not increase the fees.

4 (20) If the cumulative amount calculated under subsection

5 (18) since the most recent fee increase equals at least 10% of

6 the fees imposed under this section, the department may increase

7 the amount of fees imposed under this section by the cumulative

8 amount calculated under subsection (18).

9 (21) If the department increases fees under subsection (20),

10 the increase shall be effective for the fiscal year beginning the

11 following October 1. The increased fees shall be used by the

12 department as the basis for calculating fee increases in

13 subsequent fiscal years, as provided in subsections (18) and

14 (20).

15 (22) By July 1 of each year, the department shall provide to

16 the state budget office, senate, house of representatives, and

17 the senate and house fiscal agencies a complete schedule of fees

18 to be collected under this section, the amount calculated under

19 subsection (18), and the amount of the fee increase under

20 subsection (20). The legislature has 90 days after receiving

21 notice from the department in which to adopt a resolution

22 rejecting the proposed increase in fees under subsection (20).

23 (23) ~~(18)~~ As used in this section, "completed application"

24 means an application complete on its face and submitted with any

25 applicable licensing fees as well as any other information,

26 records, approval, security, or similar item required by law or

27 rule from a local unit of government, a federal agency, or a