HB-5823, As Passed Senate, September 27, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5823
A bill to amend 1956 PA 217, entitled
"Electrical administrative act,"
by amending section 3 (MCL 338.883), as amended by 2008 PA 371.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) The department of energy, labor, and economic
2 growth licensing and
regulatory affairs shall grant licenses
and
3 certificates under this act to qualified applicants, issue orders
4 and promulgate rules necessary for the enforcement and
5 administration of this act, and enforce and administer this act.
6 The rules shall be promulgated pursuant to the administrative
7 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
8 (2) The examination fee for licensure of any of the
9 following is $25.00 if paid after September 30, 2012 2015 and
1 $100.00 if paid on or before September 30, 2012:2015:
2 (a) Master electrician.
3 (b) Electrical contractor.
4 (c) Electrical journeyman.
5 (d) Fire alarm contractor.
6 (e) Fire alarm specialty technician.
7 (f) Sign specialty contractor.
8 (g) Sign specialist.
9 (3) The fee for an initial licensure, license, an apprentice
10 electrician registration, or renewal of a license relating to
11 electricians is as follows:
12 (a) If paid after September 30, 2012:2015:
|
13 |
|
(i) |
Master electrician....................... $25.00 |
|
14 |
|
(ii) |
Electrical journeyman.................... 20.00 |
|
15 |
|
(iii) |
Apprentice electrician................... 5.00 |
16 (b) If paid on or before September 30, 2012:2015:
|
17 |
|
(i) |
Master electrician....................... $50.00 |
|
18 |
|
(ii) |
Electrical journeyman.................... 40.00 |
|
19 |
|
(iii) |
Apprentice electrician................... 15.00 |
20 (4) The fee for an initial fire alarm specialty technician
21 licensure, license, a
fire alarm specialty apprentice
technician
22 registration, or renewal of a license or registration is as
23 follows:
24 (a) If paid after September 30, 2012:2015:
|
1 |
|
(i) |
Fire alarm specialty technician......... $25.00 |
|
2 |
|
(ii) |
Fire alarm specialty apprentice |
|
3 |
|
|
technician.............................. 5.00 |
4 (b) If paid on or before September 30, 2012:2015:
|
5 |
|
(i) |
Fire alarm specialty technician.......... $50.00 |
|
6 |
|
(ii) |
Fire alarm specialty apprentice |
|
7 |
|
|
technician............................... 15.00 |
8 (5) The fee for an initial sign specialist licensure license
9 or renewal of a sign specialist license is $20.00 if paid after
10 September 30, 2012 2015
and $40.00 if paid on or before
September
11 30, 2012.2015.
12 (6) An apprentice electrician or specialty apprentice
13 technician registration expires on August 31 of each year and is
14 renewable within 30 days after that date upon payment of if a
15 renewal fee of is
paid. The amount of the fee is $10.00
if paid
16 after September 30, 2012 2015 and a $15.00 renewal
fee if paid on
17 or before September 30, 2012. 2015. An applicant shall
submit
18 proof of a sponsoring employer for initial or renewal
19 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 upon if an
23 application is submitted and payment of the appropriate fee is
24 paid. After March 1 of each year or after March 1 of the renewal
25 year in the case of electrical contractors, fire alarm
1 contractors, and or
sign specialty contractors, a license that is
2 not renewed is void and may only
be reinstated only upon if an
3 application for reinstatement is
submitted and payment of the
4 appropriate license fee for the appropriate class is paid.
5 (8) The A license for an electrical contractor, fire alarm
6 contractor, and or
sign specialty contractor expires
December 31
7 of every third year. The A license for an electrical
contractor,
8 fire alarm contractor, and or sign specialty contractor
is
9 renewable not later than on March 1 every third year upon by
10
submitting an application and payment
paying 1 of the following
11 amounts:
12
(a) A fee of $200.00 if paid
after September 30, 2012 2015
13 and $300.00 if paid on or before September 30, 2012 2015 by
14 electrical contractors and fire alarm contractors. and
15 application and payment
16
(b) A fee of $120.00 if paid
after September 30, 2012 2015
17 and $200.00 if paid on or before September 30, 2012 2015 by
sign
18 specialty contractors. In the case of
19 (9) If a person applying for an initial or reinstatement
20 contractor's license at a time other than between December 31 and
21 March 1 of the year in which the department issues renewal
22 licenses, the department of licensing and regulatory affairs
23 shall compute and charge the 3-year license fee described in this
24 subsection (8) on a yearly pro rata basis beginning in the year
25 of the application until the last year of the 3-year license
26 cycle.
27 (10) (9) Beginning July 23, 2004, the The department
of
1 energy, labor, and economic growth licensing and regulatory
2 affairs shall issue an initial or renewal license for an
3 electrical contractors, contractor,
fire alarm contractors, and
4
contractor, or sign specialty contractors
contractor not later
5 than 90 days after the applicant files a completed application.
6 Receipt The date of
filing of the application is considered
the
7 date the application is received by any agency or department of
8 the this state. of Michigan. If the application is
considered
9 incomplete by the department of energy, labor, and economic
10 growth, licensing and
regulatory affairs, the department of
11 energy, labor, and economic growth licensing and regulatory
12 affairs shall notify the applicant in writing, or make the
13 information electronically available to the applicant, within 30
14 days after receipt the
date of filing of the incomplete
15 application, describing the deficiency and requesting the
16 additional information. The 90-day period is tolled upon from the
17
date of notification by the department
of energy, labor, and
18 economic growth licensing
and regulatory affairs of a deficiency
19 until the date the requested information is received by the
20 department of energy, labor, and economic growth. licensing and
21 regulatory affairs. The determination of the completeness of an
22 application does not operate as an approval of the application
23 for the license and does not confer eligibility of an applicant
24 determined otherwise ineligible for issuance of a license.
25 (11) (10) If
the department of energy, labor, and economic
26 growth licensing and
regulatory affairs fails to issue or
deny a
27 license within the time required by this section, the department
1 of energy, labor, and economic growth licensing and regulatory
2 affairs shall return the license fee and shall reduce the license
3 fee for the applicant's next renewal application, if any, by 15%.
4 The failure to issue a license within the time required under
5 this section does not allow the department of energy, labor, and
6 economic growth licensing
and regulatory affairs to otherwise
7 delay the processing of the application, and the department shall
8
place that application, upon
completion, shall be placed when
9 completed, in sequence with other completed applications received
10 at that same time. The department of energy, labor, and economic
11 growth licensing and
regulatory affairs shall not
discriminate
12 against an applicant in the processing of the application based
13 upon on the fact that the license fee was refunded or
discounted
14 under this subsection.
15 (12) (11) Beginning October 1, 2005, the The director
of the
16 department of energy, labor, and economic growth licensing and
17 regulatory affairs shall submit a report by December 1 of each
18 year to the standing committees and appropriations subcommittees
19 of the senate and house of representatives concerned with
20 occupational issues. The director shall include all of the
21 following information in the report concerning the preceding
22 fiscal year:
23 (a) The number of initial and renewal applications the
24 department received and completed within the 90-day time period
25 described in subsection (9).(10).
26 (b) The number of applications denied by the department.
27 (c) The number of applicants that were not issued a license
1 within the 90-day time period and the amount of money returned to
2 licensees under subsection (10).(11).
3 (13) (12) The
board shall provide for an examination to be
4 given to an applicant seeking licensure under this act for a
5 specific class of license. the
examinations required under
6
sections 3b to 3k. The board and
department of energy, labor, and
7 economic growth, licensing
and regulatory affairs, acting
8 jointly, may develop an examination or contract for the use of an
9 examination developed by another governmental subdivision or any
10 other entity, including, but not limited to, the national
11 assessment institute, which that the department of energy,
labor,
12 and economic growth licensing
and regulatory affairs and the
13 board, acting jointly, review and determine is designed to test
14 the qualifications and competency of applicants seeking licensure
15 a license under this act.
16 (13) All of the
following apply to the examinations
17 described in this subsection:
18 (a) The examination for electrical journeymen under section
19 3d and master electricians under section 3c shall include, but
20 not be limited to, questions designed to test an individual's
21 knowledge of this act, any rules promulgated under this act, the
22 Stille-DeRossett-Hale single state construction code act, and any
23 code adopted pursuant to under section 4 of that act, and
MCL
24
125.1504, any code adopted pursuant
to under section 8a of that
25 act, as well as MCL 125.1508a, and the
theory relative to those
26 codes. In the case of the
27
(b) The examination for an electrical
contractor's license,
1 the examination contractors
under section 3b shall include, but
2 not be limited to, questions designed to test an individual's
3 knowledge of this act, any rules promulgated under this act, the
4 Stille-DeRossett-Hale single state construction code act, and the
5 administration and enforcement procedures of any code adopted
6 pursuant to under section 8a of that act, MCL 125.1508a.
7 (c) (14) The
board shall provide for an examination to be
8 given to an applicant seeking for fire alarm specialty licensure
9 under this act. The examinations for fire alarm specialty
10 licensure licenses
under section 3f, 3g, or 3h shall
include
11 questions designed to test an individual's knowledge of this act,
12 any rules promulgated under this act, and the Stille-DeRossett-
13 Hale single state construction code act, as relating to fire
14 alarm systems. The board and department of energy, labor, and
15 economic growth, licensing
and regulatory affairs, acting
16 jointly, may require, as a condition for licensure, certification
17 of the applicant in the field of fire alarm systems technology by
18 the national institution for certification in engineering
19 technology or equivalent certification as determined by the
20 board.
21 (d) (15) The
board shall provide for an examination to be
22 given to an applicant seeking sign specialty licensure under this
23 act. The examinations for
sign specialty licensure licenses
under
24 section 3j or 3k shall include, but not be limited to, questions
25 designed to test an individual's knowledge of this act and any
26 rules promulgated under this act relating to electric signs and
27 applicable sections of the code.
House Bill No. 5823 (H-1) as amended September 19, 2012
1 (e) (16) Examinations
shall be offered at locations
2 throughout the state as determined by the board. The department
3 of energy, labor, and economic growth licensing and regulatory
4 affairs in consultation with the board may designate a person to
5 give the examination at any location. Copies of examinations
6 developed by a governmental subdivision shall be presented for
7 board approval, and shall remain the property of the governmental
8 subdivision, and shall be returned to that governmental
9 subdivision without having been copied or reproduced in any
10 manner.
11 (14) (17) The
department of energy, labor, and economic
12 growth licensing and
regulatory affairs shall annually
submit to
13 the members of the legislature a comprehensive report detailing
14 the expenditure of the additional money resulting from the 1989
15 amendatory act that increased the fees contained in this section.
[(15) The department of licensing and regulatory affairs shall waive any fee otherwise required under this section if the person responsible for paying the fee meets any of the following:
(a) If the person is an individual, he or she is, and provides proof satisfactory to the department that he or she is, an honorably discharged veteran of the armed forces of the United States.
(b) If the person is a nonprofit corporation organized on a membership or directorship basis, a majority of the members or directors, as applicable, are, and the person provides proof satisfactory to the department that a majority of the members or directors are, honorably discharged veterans of the armed forces of the United States.
(c) If the person is not an individual or a nonprofit corporation described in subdivision (b), a majority of the shares or other ownership interests of the person are, and the person provides proof satisfactory to the department that those interests are, held by 1 or more honorably discharged veterans of the armed forces of the United States.
16 (16)] (18)
As used in this section,
"completed application"
17 means an application that is complete on its face and submitted
18 with any applicable licensing fees as well as and any
other
19 information, records, approval, security, or similar item
20 required by law or rule from a local unit of government, a
21 federal agency, or a private entity but not from another
22 department or agency of the this state. of
Michigan.