ELECTRICIANS; APPRENTICE RATIOS S.B. 895 (S-2):
SUMMARY OF SUBSTITUTE BILL
IN COMMITTEE
Senate Bill 895 (Substitute S-2)
Sponsor: Senator John Cherry
Committee: Labor
CONTENT
The bill would amend Article 7 (Electricians and Electrical Contractors) of the Skilled Trades Regulation Act to do the following:
-- Modify the jobsite ratio for electrical journeymen or master electricians to registered apprentices from one to three to one to one.
-- Prescribe administrative fines for violating the one-to-one ratio described above and require the Department of Licensing and Regulatory Affairs (LARA) to pay any fines collected to the enforcing agency that discovered the violation.
-- Establish the joint and respective responsibility of an electrical contractor and the master electrician who was responsible for the contractor's Electrical Code compliance in the supervision or control of all electrical wiring operations necessary to secure compliance with Article 7.
-- If an electrical contractor's individual responsible for Electrical Code compliance left the contractor's employment, require the contractor to hire another individual qualified to be responsible for Code compliance within 30 days.
Definitions
Under the Act, "fire alarm specialty apprentice technician" means an individual other than a fire alarm contractor or a fire alarm specialty technician who is engaged in learning about and assisting in the installation or alteration of fire alarm system wiring and equipment under the direct, personal supervision of a fire alarm specialty technician.
The Act defines "apprentice electrician" as an individual other than an electrical contractor, master electrician, or electrical journeyman, who is engaged in learning about and assisting in the installation or alteration of electrical wiring and equipment under the direct, personal supervision of an electrical journeyman or master electrician.
The bill would modify the definitions to change the requirement of "personal supervision" to "on-site, in-person supervision".
Master Electrician's Responsibility
Currently, LARA must issue an electrical contractor's license to a person that meets the application and licensure requirements described in Article 2 (Issuance of Licenses) and either of the following:
-- Is an individual who holds a master electrician's license.
-- Has at least one full-time employee who is a master electrician, resides in Michigan, and is actively in charge of and responsible for Michigan Electrical Code compliance of all installations of electrical wiring and equipment.
Under the bill, if an electrical contractor's license were issued to a person that had at least one full-time employee who was a master electrician, resided in Michigan, and was actively in charge of and responsible for Michigan Electrical Code compliance of all installations of electrical wiring and equipment, the electrical contractor and the master electrician employed by the electrical contractor would be jointly and severally responsible for the supervision or control of all electrical wiring operations necessary to secure compliance with Article 7, the rules promulgated under Article 7, and all other laws and rules related to the installation of electrical wiring and equipment.
Additionally, if the master electrician described above ceased to be employed by the electrical contractor, the electrical contractor would have to employ another master electrician to be actively in charge of and responsible for Michigan Electrical Code compliance of all installations of electrical wiring and equipment within 30 days after the end of the master electrician's employment. The electrical contractor would have to notify LARA in writing of the change in master electricians.
Ratio of Electrician to Apprentice
The Act requires the ratio of electrical journeymen or master electricians to registered apprentice electricians on a jobsite to be one electrical journeyman or master electrician to not more than three registered apprentice electricians. The bill would require the ratio to be one journeyman or master electrician to not more than one registered apprentice electrician.
Penalties for Violation of Ratio
Under the bill, either an electrical contractor or a jointly and severally responsible pair of an electrical contractor and master electrician who violated the ratio prescribed above would be subject to the following punishments:
-- For a first violation, a $5,000 administrative fine.
-- For a second violation, a $10,000 administrative fine.
-- For a third violation, a suspension of the individual's master electrician licensure for at least 90 days; after 90 days, the former master electrician could have the license reinstated if the former master electrician passed the appropriate licensing examination.
The bill would require LARA to pay any money collected for an administrative fine to the enforcing agency that discovered the violation that resulted in the administrative fine. Additionally, if LARA issued an order for a violation, LARA would be entitled to actual costs and attorney fees related to the investigation and adjudication of the violation.
MCL 339.5701 et al. Legislative Analyst: Alex Krabill
FISCAL IMPACT
The bill would have a positive fiscal impact on State government. The administrative fines collected would be paid to the enforcing agency that discovered the violation, but the increase in revenue from fines would depend on the number of violations.
Fiscal Analyst: Nathan Leaman
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.