May 24, 2007, Introduced by Rep. Meadows and referred to the Committee on Appropriations.
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
1 renewable within 30 days after that date upon payment of a $10.00
2 $15.00 renewal fee. An applicant shall submit proof of a
3 sponsoring employer for initial or renewal registration.
4 (7) Except as otherwise provided in subsection (8), a
5 license issued under this act expires on December 31 of each year
6 and is renewable not more than 60 days after that date upon
7 application and payment of the appropriate fee. After March 1 of
8 each year or after March 1 of the renewal year in the case of
9 electrical contractors, fire alarm contractors, and sign
10 specialty contractors, a license not renewed is void and may be
11 reinstated only upon application for reinstatement and payment of
12 the appropriate license fee for the appropriate class.
13 (8) The license for an electrical contractor, fire alarm
14 contractor, and sign specialty contractor expires December 31 of
15 every third year. The license for an electrical contractor, fire
16 alarm contractor, and sign specialty contractor is renewable not
17 later than on March 1 every third year upon application and
18 payment of $200.00 $300.00
by electrical contractors and fire
19 alarm contractors and application and payment of $120.00 $200.00
20 by sign specialty contractors. In the case of a person applying
21 for an initial or reinstatement contractor's license at a time
22 other than between December 31 and March 1 of the year in which
23 the department issues renewal licenses, the department shall
24 compute and charge the 3-year license fee described in this
25 subsection on a yearly pro rata basis beginning in the year of
26 the application until the last year of the 3-year license cycle.
27 (9) Beginning the effective date of the amendatory act that
1 added this subsection July
23, 2004, the department of labor and
2 economic growth shall issue an initial or renewal license for
3 electrical contractors, fire alarm contractors, and sign
4 specialty contractors not later than 90 days after the applicant
5 files a completed application. Receipt of the application is
6 considered the date the application is received by any agency or
7 department of the state of Michigan. If the application is
8 considered incomplete by the department of labor and economic
9 growth, the department of labor and economic growth shall notify
10 the applicant in writing, or make the information electronically
11 available, within 30 days after receipt of the incomplete
12 application, describing the deficiency and requesting the
13 additional information. The 90-day period is tolled upon
14 notification by the department of labor and economic growth of a
15 deficiency until the date the requested information is received
16 by the department of labor and economic growth. The determination
17 of the completeness of an application does not operate as an
18 approval of the application for the license and does not confer
19 eligibility of an applicant determined otherwise ineligible for
20 issuance of a license.
21 (10) If the department of labor and economic growth fails to
22 issue or deny a license within the time required by this section,
23 the department of labor and economic growth shall return the
24 license fee and shall reduce the license fee for the applicant's
25 next renewal application, if any, by 15%. The failure to issue a
26 license within the time required under this section does not
27 allow the department to otherwise delay the processing of the
1 application, and that application, upon completion, shall be
2 placed in sequence with other completed applications received at
3 that same time. The department shall not discriminate against an
4 applicant in the processing of the application based upon the
5 fact that the license fee was refunded or discounted under this
6 subsection.
7 (11) Beginning October 1, 2005, the director of the
8 department of labor and economic growth shall submit a report by
9 December 1 of each year to the standing committees and
10 appropriations subcommittees of the senate and house of
11 representatives concerned with occupational issues. The director
12 shall include all of the following information in the report
13 concerning the preceding fiscal year:
14 (a) The number of initial and renewal applications the
15 department received and completed within the 90-day time period
16 described in subsection (9).
17 (b) The number of applications denied.
18 (c) The number of applicants not issued a license within the
19 90-day time period and the amount of money returned to licensees
20 under subsection (10).
21 (12) The board shall provide for an examination to be given
22 to an applicant seeking licensure under this act for a specific
23 class of license. The board and department of labor and economic
24 growth, acting jointly, may develop an examination or contract
25 for the use of an examination developed by another governmental
26 subdivision or any other entity including, but not limited to,
27 the national assessment institute, which the department of labor
1 and economic growth and the board, acting jointly, review and
2 determine is designed to test the qualifications and competency
3 of applicants seeking licensure under this act.
4 (13) The examination for electrical journeymen and master
5 electricians shall include, but not be limited to, questions
6 designed to test an individual's knowledge of this act, any rules
7 promulgated under this act, the Stille-DeRossett-Hale single
8 state construction code act, and any code adopted pursuant to
9 section 4 of that act and any code adopted pursuant to section 8
10 of that act as well as the theory relative to those codes. In the
11 case of the examination for an electrical contractor's license,
12 the examination shall include, but not be limited to, questions
13 designed to test an individual's knowledge of this act, any rules
14 promulgated under this act, the Stille-DeRossett-Hale single
15 state construction code act, and the administration and
16 enforcement procedures of any code adopted pursuant to section 8
17 or 9 of that act.
18 (14) The board shall provide for an examination to be given
19 to an applicant seeking fire alarm specialty licensure under this
20 act. The examinations for fire alarm specialty licensure shall
21 include questions designed to test an individual's knowledge of
22 this act, any rules promulgated under this act, and the Stille-
23 DeRossett-Hale single state construction code act, as relating to
24 fire alarm systems. The board and department of labor and
25 economic growth, acting jointly, may require, as a condition for
26 licensure, certification of the applicant in the field of fire
27 alarm systems technology by the national institution for
1 certification in engineering technology or equivalent as
2 determined by the board.
3 (15) The board shall provide for an examination to be given
4 to an applicant seeking sign specialty licensure under this act.
5 The examinations for sign specialty licensure shall include, but
6 not be limited to, questions designed to test an individual's
7 knowledge of this act and any rules promulgated under this act
8 relating to electric signs and applicable sections of the code.
9 (16) Examinations shall be offered at locations throughout
10 the state as determined by the board. The department of labor and
11 economic growth in consultation with the board may designate a
12 person to give the examination at any location. Copies of
13 examinations developed by a governmental subdivision shall be
14 presented for board approval and shall remain the property of the
15 governmental subdivision and shall be returned to that
16 governmental subdivision without having been copied or reproduced
17 in any manner.
18 (17) The department of labor and economic growth shall
19 annually submit to the members of the legislature a comprehensive
20 report detailing the expenditure of the additional money
21 resulting from the 1989 amendatory act that increased the fees
22 contained in this section.
23 (18) The director of the department of labor and economic
24 growth may change the amount of any fees described in this
25 section by rule promulgated under the administrative procedures
26 act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Any fee changes
27 made by the director of the department of labor and economic
1 growth under this subsection shall take effect on the effective
2 date of the rule.
3 (19) (18) As
used in this section, "completed application"
4 means an application complete on its face and submitted with any
5 applicable licensing fees as well as any other information,
6 records, approval, security, or similar item required by law or
7 rule from a local unit of government, a federal agency, or a
8 private entity but not from another department or agency of the
9 state of Michigan.