MILITARY EXPERIENCE AS BASIS FOR LICENSURE

House Bill 5582 (Substitute H-1)

Sponsor:  Rep. Gail Haines


House Bill 5583 (Substitute H-1)

Sponsor:  Rep. Mark Ouimet

House Bill 5590 (Substitute H-2)

Sponsor:  Rep. Joseph Graves


Committee:  Military and Veterans Affairs and Homeland Security

Complete to 6-7-12

A SUMMARY OF HOUSE BILLS 5582, 5583 AND 5590 AS REPORTED FROM COMMITTEE ON 6-6-12

The bills would require the Department of Licensing and Regulatory Affairs to accept certain work experience an individual gained as a member of the Armed Forces as an alternative to current experience requirements when issuing three specified occupational licenses.  A more detailed explanation follows.

House Bill 5582 would amend the Electrical Administrative Act (MCL 338.883d) to apply to an electrical journeyman's license

The following would count as eligible experience:  served while on activity duty as an interior electrician or in an equivalent job classification; was honorably discharged from the military service in the one-year period preceding the date the license application is filed; and provides with the application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service stating that he or she has at least 8,000 hours of entry-level experience in an basic knowledge of the following:

o                   General knowledge of the electrical trade, including terminology and the ability to make practical calculations.

o                   The determination of system and circuit grounding and design and use requirements for grounding, including choosing proper size grounding conductors.

o                   Knowledge of circuit classification and ratings and design and use requirements for circuits, including branch circuit loads.

o                   The determination of ampacity, type of insulation, usage requirements, methods of installation, protection, support, support, and termination.

o                   Knowledge regarding the installation of motors and control circuits.

o                   The calculation of electrical loads and determination of proper size, rating, and type of service and feeder conductors.

o                   Knowledge regarding fuses, circuit breakers, and all types of protective devices for conductors and equipment.

o                   Knowledge of all types of raceways and their uses, including determining proper size, conductor fill, support, and methods of installation.

o                   Knowledge of circuits and equipment characterized by usage and electrical power limitations, including differentiating them from electric light and power circuits. 

o                   Knowledge of all types and applications of lights fixtures, ratings requirements for occupancies, special provisions, and clearances. 

To receive a license, the applicant must file a completed application form, pay an examination fee, pass an examination, and pay the license fee.

Currently, the act requires an applicant to have at least 8,000 hours of experience obtained over a period of at least four years related to electrical construction or maintenance of buildings or electrical wiring or equipment under the direct supervision of an individual licensed under the act. 

If an applicant who otherwise meets the above requirements has not attained 8,000 hours of entry level experience or does not have basic knowledge in each of the areas described, he or she could provide with the application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of his or her service that states the amount of experience has attained and of which of the areas described the applicant has basic knowledge of; the service that states the amount of experience the applicant has attained and which areas describe herein he or she has basic knowledge, and the department could in its discretion grant the applicant credit toward the 8,000-hour experience requirement based on the applicant experience. 

House Bill 5583 would amend the State Plumbing Act (MCL 338.3535) to apply to a journey plumber's license

The following would count as eligible experience: serving while on active duty as a member of the armed forces as a plumber in an equivalent job classification;  was honorably discharged from that military service in the one year period preceding the date the license application is filed; and provides with his or her application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states that he or she has at least 6,000 hours of entry-level experience in and basic knowledge of the following: 

o                   The terminology of the plumbing trade and the ability to make practical calculations.

o                   Knowledge related to:  drainage systems, plumbing fixtures, water and backflow protection, storm and special wastewater disposal, testing and inspection or plumbing; and venting. 

Currently, the act requires an applicant to have at least 6,000 hours of experience gained over at least three years as an apprentice plumber in the practical installation of plumbing under the supervision of a master plumber. 

If the applicant who otherwise meets the above requirements has not attained 6,000 hours of entry-level experience or does not have basic knowledge in each of the areas, he or she could provide with the application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states the mount of experience he or she attained and which areas the applicant has basic knowledge of, and the department could, in its discretion, grant the applicant credit toward the 6,000-hour experience requirement based on his or her experience.

To receive a license, the applicant must file a completed application form, pay an examination fee, pass an examination, and pay the license fee.

House Bill 5590 would amend the Private Security Business and Security Alarm Act (MCL 338.1056) to apply to a license to a private security guard or agency license

The following would count as eligible experience:  Serving while on active duty as a member of the Armed Forces as a military police officer or in an equivalent job classification for at least 2 years; was honorably discharged from the military service; and provides with his or her application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's services that he or she has entry-level experience or basic knowledge of the following:

o                   Enforcing rules, regulations, and guidelines.

o                   Providing security and physical protection.

o                   Area and site security operations.

o                   Overseeing prisoners and correctional facilities.

o                   Reconnaissance and surveillance.

This experience would serve as an alternative to any of the following:  (1) having been engaged in the private security guard or agency business on his or her own account in another state for at least three years; (2) having been engaged in the private security guard or agency business for at least four years as an employee of a holder of a certificate of authority to conduct a security guard or agency business and has had experience reasonably equivalent to at least four years of full-time guard work in a supervisory capacity with rank above that of patrolman; (3) having been employed in law enforcement as a certified police officer for at least four years for a city, county, or state government, or for the U.S. government; or (4) having been engaged in the private security guard or agency business as an employee or on his or her own account or as a security administrator in private business for at least two years on a full-time basis, and is a graduate with a B.A. degree or its equivalent in the field of police administration or industrial security from an accredited college or university. 

Licensees must be at least 25 years of age  and have no felony convictions or convictions for other certain specified offenses. However, the age provision would not apply to an applicant who served as a military police officer, or in an equivalent job classification while on active duty as a member of the Armed Services

FISCAL IMPACT:

House Bills 5582 and 5583 would have an indeterminate, yet minor, fiscal impact on the Bureau of Construction Codes (BCC) within LARA. Since HBs 5582 and 5583 exempts qualified former armed service members from registering as electrical or plumbing apprentices, the BCC would not collect the annual fees associated with apprenticeship registration. However, to the extent that the exempting qualified former armed service members from apprenticeship requirements encourages additional qualified former armed service members to apply for and take examinations for electrical and plumbing journeyman licenses, the BCC would collected additional fees for the applications, examinations, and renewals of these licenses.

HB 5590 would have an indeterminate fiscal impact on the Bureau of Commercial Services (BSC) to the extent that adding military police experience as a qualifying criterion for a private security guard license would encourage qualified former armed service members to apply for licensure and pay the attendant fees to the BCS.

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Paul Holland

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.