APPRENTICESHIP/TRAINING PROGRAM EXEMPTION

Senate Bill 1185 as reported from House committee

Sponsor:  Sen. Dave Robertson

House Committee:  Regulatory Reform

1st Senate Committee: Regulatory Reform

2nd Senate Committee:  Michigan Competitiveness                 (Enacted as Public Act 441 of 2018)

Complete to 12-17-18

SUMMARY:

Senate Bill 1185 would amend the Skilled Trades Regulation Act to prohibit a municipality that regulates the licensing of electricians and other electrical contractors through ordinances from adopting an ordinance to regulate participation in an apprenticeship or training program.

Specifically, the bill would amend Article 7 (Electricians and Electrical Contractors) of the Act to prohibit a municipality that has adopted its own ordinances that meet specific standards regarding the examination and licensing of master electricians, electrical or specialty contractors, electrical journeymen, sign specialists, and fire alarm specialty technicians and the registration of apprentice electricians and fire alarm specialty apprentice technicians from adopting an ordinance to require that an individual be licensed with, register with, or obtain the approval of the municipality or of the municipality’s licensing board to participate in an apprenticeship or training program.

The bill would take effect 90 days after being enacted.

MCL 339.5733

HOUSE COMMITTEE ACTION:

The House Committee on Regulatory Reform reported the Senate-passed version of the bill without amendment.

BRIEF DISCUSSION:

In order to lawfully perform electrical wiring in Michigan, a person must be either a licensed electrician or a registered electrical apprentice with the Department of Licensing and Regulatory Affairs (LARA), except in Detroit and Grand Rapids, which have their own local licensing boards for licensing electricians and registering apprentices. Before sitting for the electrician’s licensing examination, a person must complete 576 hours of classroom instruction from an approved training program related to electrical theory and safety and 8,000 hours (four years) of performing electrical wiring as an apprentice under the supervision of a journeyman electrician.

According to proponents of the bill, residents of the city of Detroit must get approval from the city’s electrical board to attend an electrical training program. They say the application process, which includes completing an application and submitting a $15 application fee and a passport-size photograph, creates a barrier to those seeking admission into an electrical training program. (The electrical apprentice registration application fee for Grand Rapids is $10 and does not require a photograph.) The bill would address the issue by prohibiting either Detroit or Grand Rapids from requiring, through a local ordinance, that a person wishing to participate in an apprenticeship or a training program must first obtain the local electrical board’s approval. Residents of those cities would apply to LARA, like the rest of the state’s residents, for registration as an electrical apprentice.

Though no opposition to the bill was raised, clarification was offered that neither Detroit nor Grand Rapids requires a person to seek approval from its electrical board before enrolling in a training program or to participate in a particular apprenticeship opportunity. Since the two cities regulate licensed electricians in their jurisdiction, they also regulate the registration of apprentices. The impact of the bill, therefore, would be to strip that function from Grand Rapids and Detroit and require their residents to register with LARA before entering an apprenticeship program. Registering as an apprentice with LARA also includes submitting to an application process, meeting eligibility criteria, and submitting a $15 application fee.

Registration of electrical apprentices protects the public by ensuring supervision and that electrical wiring is done correctly and also protects apprentices by ensuring that all hours worked are properly logged so as to count toward the 8,000 hours required to sit for the licensing exam. Under the bill, LARA, rather than the cities of Detroit and Grand Rapids, would register, monitor, and track the supervised hours of electrical apprentices.

FISCAL IMPACT:

Senate Bill 1185 would not have an appreciable fiscal impact on any unit of state or local government.

POSITIONS:

A representative of the Southeast Michigan Construction Academy testified in support of the bill.  (12-12-18)

The following entities indicated support for the bill (12-12-18):

            Mackinac Center

            ABC of Michigan

            National Federation of Independent Business (NFIB)

            Michigan Chamber of Commerce

            Home Builders Association of Michigan

            Greater Michigan Construction Academy

A representative of IBEW Michigan State Conference testified with a neutral position on the bill.  (12-12-18)

                                                                                         Legislative Analyst:   Susan Stutzky

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.