Bill Text: MI SB0142 | 2009-2010 | 95th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Occupations; electricians; licensure without examination; provide for certain reciprocal agreements. Amends sec. 5 of 1956 PA 217 (MCL 338.885) & adds sec. 4.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2009-06-04 - Referred To Committee On Regulatory Reform [SB0142 Detail]

Download: Michigan-2009-SB0142-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 142

 

 

January 29, 2009, Introduced by Senators JANSEN, BASHAM, BIRKHOLZ, GARCIA, KAHN, RICHARDVILLE and PAPPAGEORGE and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1956 PA 217, entitled

 

"Electrical administrative act,"

 

by amending section 5 (MCL 338.885), as amended by 1998 PA 302, and

 

by adding section 4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) Subject to subsection (4), the board and

 

department may license, without examination, applicants licensed

 

under the laws of other states having requirements for licensing

 

categories or classes of electricians that the board determines are

 

equivalent to the requirements of this state, conditional upon that

 

state offering reciprocity.

 

     (2) Beginning the effective date of the amendatory act that

 

added this section, the department and board shall make appropriate


 

written or electronic inquiries to all states that license

 

electricians in any or all of the categories or classes described

 

in this act regarding the execution of reciprocal agreements with

 

this state for the granting of licenses, without examination and

 

without further training or experience, to applicants holding a

 

license in this state. On a quarterly basis, the department shall

 

submit a written or electronic report to the standing committees

 

and appropriation subcommittees of the senate and house of

 

representatives concerned with occupational issues, detailing the

 

efforts made by the department in contacting other states regarding

 

the execution of reciprocal agreements required by this subsection.

 

     (3) The department may enter into a reciprocal agreement

 

meeting the standards described in this section. A reciprocal

 

agreement described in subsection (2) shall contain those

 

provisions recommended by the board and approved by department but

 

shall provide that the other state does at least the following:

 

     (a) Issues an electrician identification card with an

 

expiration date printed on the card as well as any category or

 

class limitation.

 

     (b) Is available to verify the license status for enforcement

 

purposes.

 

     (c) Has disqualification, suspension, and revocation standards

 

for licenses.

 

     (d) Requires applicants for licensure to submit to a criminal

 

history records check pursuant to applicable state and federal law.

 

     (e) Requires that the electrician possess a license in good

 

standing from his or her home state.


 

     (f) Allows for unlimited or limited licensure, depending on

 

the categories or classes for which applicants can be qualified

 

under the law of this state and the other state laws, including

 

developing categories and classes in alternative and renewable

 

energy systems.

 

     (4) Notwithstanding subsection (1), the department shall issue

 

a license, without examination and pursuant to the reciprocal

 

agreement executed by the department and the regulatory agency of

 

another state, to a person licensed under the law of that other

 

state applying for licensure in this state. Under such

 

circumstances, subsection (1) does not apply but does apply to an

 

applicant licensed under the laws of another state if no reciprocal

 

agreement is executed between the department and the regulatory

 

agency of that other state.

 

     (5) Beginning the effective date of any reciprocal agreement

 

executed under this section, the department shall report annually

 

not later than July 1 of each year to the standing committees and

 

appropriation subcommittees of the senate and house of

 

representatives concerned with occupational issues on the number of

 

licenses issued to out-state applicants pursuant to each particular

 

reciprocal agreement and shall report any information in the

 

possession of the department regarding the number of licenses

 

issued to Michigan residents in other states under a reciprocal

 

agreement executed under this section.

 

     Sec. 5. (1) Except as otherwise provided in section 7, a

 

person, firm, or corporation shall not install any electric wiring,

 

devices, appliances, or appurtenances for the generation,


 

distribution, and utilization of electrical energy, within or on

 

any building, structures, or properties, without being licensed. In

 

a municipality where inspection service is provided, a permit shall

 

be obtained from the board or municipality having jurisdiction. If

 

the electric wiring, devices, appliances, or appurtenances are

 

installed without compensation by a person licensed under this act

 

for or on behalf of a charitable organization, the permit required

 

under this subsection may be obtained by the owner of the property

 

on which the work is performed.

 

     (2) The charitable organization exception under subsection (1)

 

applies only to the resconstruction, renovation, or remodeling of

 

1- to 4-family dwellings.

 

     (3) Except as otherwise provided in section 7, a person, firm,

 

or corporation shall not erect, install, alter, repair, service, or

 

maintain fire alarm system wiring, devices, appliances, or

 

equipment within a building or structure without being licensed

 

under this act.

 

     (4) Except as otherwise provided in section 7, a person, firm,

 

or corporation shall not install, connect, repair, or maintain

 

electric signs and related wiring without being licensed under this

 

act.

 

     (5) Notwithstanding any other provisions of this act and upon

 

proper application and payment of the appropriate fees, the board

 

and department of labor shall issue a license without examination

 

to a person desiring sign specialty licensure who is licensed,

 

registered, or otherwise regulated in another state if the board

 

determines that the standards in the other state meet or exceed the


 

standards imposed in this act.

 

     (5) (6) As used in this section, "charitable organization"

 

means a not for profit tax-exempt religious, educational, or humane

 

organization.

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