HB-4382, As Passed House, May 26, 2015HB-4382, As Passed Senate, May 26, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4382

      A bill to amend 1956 PA 217, entitled

"Electrical administrative act,"

by amending section 3 (MCL 338.883), as amended by 2012 PA 313.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2  affairs shall grant licenses and certificates under this act to

 3  qualified applicants, issue orders and promulgate rules necessary

 4  for the enforcement and administration of this act, and enforce

 5  and administer this act. The rules shall be promulgated pursuant

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

 7  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, 2015 2019 and

10  $100.00 if paid on or before September 30, 2015:2019:

 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 an initial license, an apprentice

 9  electrician registration, or renewal of a license relating to

10  electricians is as follows:

11        (a) If paid after September 30, 2015:2019:

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

13 (ii)    Electrical journeyman....................  20.00

14 (iii)    Apprentice electrician...................   5.00

15        (b) If paid on or before September 30, 2015:2019:

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

17 (ii)    Electrical journeyman....................  40.00

18 (iii)    Apprentice electrician...................  15.00

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

20  license, a fire alarm specialty apprentice technician

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

22  follows:

23        (a) If paid after September 30, 2015:2019:

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

1  (ii)    Fire alarm specialty apprentice

2  technician..............................    5.00

 3        (b) If paid on or before September 30, 2015:2019:

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

5  (ii)    Fire alarm specialty apprentice

6  technician...............................  15.00

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

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

 9  September 30, 2015 2019 and $40.00 if paid on or before September

10  30, 2015.2019.

11        (6) An apprentice electrician or specialty apprentice

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

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

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

15  2015 2019 and $15.00 if paid on or before September 30, 2015.

16  2019. An applicant shall submit proof of a sponsoring employer

17  for initial or renewal registration.

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

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

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

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

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

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

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

25  may only be reinstated if an application for reinstatement is

 1  submitted and the appropriate license fee for the appropriate

 2  class is paid.

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

 4  contractor, or sign specialty contractor expires December 31 of

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

 6  alarm contractor, or sign specialty contractor is renewable not

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

 8  application and paying 1 of the following amounts:

 9        (a) A fee of $200.00 if paid after September 30, 2015 2019

10  and $300.00 if paid on or before September 30, 2015 2019 by

11  electrical contractors and fire alarm contractors.

12        (b) A fee of $120.00 if paid after September 30, 2015 2019

13  and $200.00 if paid on or before September 30, 2015 2019 by sign

14  specialty contractors.

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

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

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

18  licenses, the department of licensing and regulatory affairs

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

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

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

22  cycle.

23        (10) The department of licensing and regulatory affairs

24  shall issue an initial or renewal license for an electrical

25  contractor, fire alarm contractor, or sign specialty contractor

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

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

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

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

 3  department of licensing and regulatory affairs, the department of

 4  licensing and regulatory affairs shall notify the applicant in

 5  writing, or make the information electronically available to the

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

 7  incomplete application, describing the deficiency and requesting

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

 9  date of notification by the department of licensing and

10  regulatory affairs of a deficiency until the date the requested

11  information is received by the department of licensing and

12  regulatory affairs. The determination of the completeness of an

13  application does not operate as an approval of the application

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

15  determined otherwise ineligible for issuance of a license.

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

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

18  section, the department of licensing and regulatory affairs shall

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

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

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

22  does not allow the department of licensing and regulatory affairs

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

24  department shall place that application, when completed, in

25  sequence with other completed applications received at that same

26  time. The department of licensing and regulatory affairs shall

27  not discriminate against an applicant in the processing of the

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

 2  or discounted under this subsection.

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

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

 5  year to the standing committees and appropriations subcommittees

 6  of the senate and house of representatives concerned with

 7  occupational issues. The director shall include all of the

 8  following information in the report concerning the preceding

 9  fiscal year:

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

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

12  described in subsection (10).

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

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

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

16  licensees under subsection (11).

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

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

19  and regulatory affairs, acting jointly, may develop an

20  examination or contract for the use of an examination developed

21  by another governmental subdivision or any other entity,

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

23  that the department of licensing and regulatory affairs and the

24  board, acting jointly, review and determine is designed to test

25  the qualifications and competency of applicants seeking a license

26  under this act. All of the following apply to the examinations

27  described in this subsection:

 1        (a) The examination for electrical journeymen under section

 2  3d and master electricians under section 3c shall include, but

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

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

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

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

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

 8  theory relative to those codes.

 9        (b) The examination for electrical contractors under section

10  3b shall include, but not be limited to, questions designed to

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

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

13  construction code act, and the administration and enforcement

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

15  125.1508a.

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

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

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

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

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

21  department of licensing and regulatory affairs, acting jointly,

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

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

24  national institution for certification in engineering technology

25  or equivalent certification as determined by the board.

26        (d) The examination for sign specialty licenses under

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

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

 2  rules promulgated under this act relating to electric signs and

 3  applicable sections of the code.

 4        (e) Examinations shall be offered at locations throughout

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

 6  and regulatory affairs in consultation with the board may

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

 8  Copies of examinations developed by a governmental subdivision

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

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

11  governmental subdivision without having been copied or reproduced

12  in any manner.

13        (14) The department of licensing and regulatory affairs

14  shall annually submit to the members of the legislature a

15  comprehensive report detailing the expenditure of the additional

16  money resulting from the 1989 amendatory act that increased the

17  fees contained in this section.

18        (15) The department of licensing and regulatory affairs

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

20  person responsible for paying the fee meets any of the following:

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

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

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

24  States.

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

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

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

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

 2  directors are, honorably discharged veterans of the armed forces

 3  of the United States.

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

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

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

 7  person provides proof satisfactory to the department that those

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

 9  the armed forces of the United States.

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

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

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

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

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

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

16        Enacting section 1. This amendatory act takes effect October

17  1, 2015.