BOILER ACT: MILITARY EXPERIENCE & RULES                                           H.B. 4134 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4134 (Substitute S-1 as reported)

Sponsor:  Representative Tom Barrett

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

CONTENT

The bill would amend the Boiler Act to revise provisions recognizing military training and experience as the basis for licensure or registration for certain classifications under the Act; expand the rules that the Department of Licensing and Regulatory Affairs (LARA) is required to promulgate, and allow the Department to adopt an existing published codification or national standards and any amendments and interpretations of the codification or standards; and delete requirements for rules pertaining to new construction and boilers that were in use before July 1, 1966.

The Act specifies requirements an applicant must meet to be issued a registration in various boiler operator or stationary engineer classifications. The requirements generally include participation in a qualified training program and/or a certain amount of experience operating boilers or related machinery. The Act states that "experience" includes experience acquired while serving as an active duty member of the armed forces, by a veteran who was not dishonorably discharged from military service. The Act specifies requirements for the military experience to qualify. The bill would delete the provisions related to military experience.

The bill specifies that, as used in the Act and for purposes of any rules promulgated under it, "experience" would include any relevant experience acquired while serving in the armed forces by an individual who was separated from that service. An applicant would have to demonstrate that he or she was separated from military service with an honorable character of service or under honorable conditions (general) character of service, including an affidavit or letter signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that described his or her experience with boilers and associated auxiliaries while serving in the armed forces.

The Act requires the Department to promulgate rules for the safe construction, installation, inspection, operation, and repair of boilers in the State. The bill also would require LARA to promulgate rules pertaining to the safe alteration and servicing of boilers. For the purpose of promulgating rules, the bill would allow LARA by rule to adopt an existing published codification or national standards and any amendments and interpretations of the codification or standards.

MCL 408.752 et al.                                                   Legislative Analyst:  Drew Krogulecki

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  10-15-15                                                    Fiscal Analyst:  Josh Sefton

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.