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.