SB-1234, As Passed Senate, June 17, 2004                                    

SUBSTITUTE FOR

SENATE BILL NO. 1234

                                                                             A bill to amend 1965 PA 290, entitled                                             

"Boiler act of 1965,"                                                       

by amending section 4a (MCL 408.754a), as amended by 1986 PA                

277.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 4a.  (1) The board, with the advice of the director,                   

2   shall promulgate rules pursuant to the administrative procedures            

3   act of 1969,  Act No.  306 of the Public Acts of 1969, as                   

4   amended, being sections 24.201 to 24.328 of the Michigan Compiled           

5   Laws 1969 PA 306, MCL 24.201 to 24.328, to establish the fee               

6   schedules for licenses, permits, certificates, and inspections.             

7   The fees shall reflect the actual costs and expenses for the                

8   department of labor and economic growth in issuing licenses,                

9   permits, and certificates and in conducting inspections.                    

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

1   added subsection (3), the department of labor and economic growth           

2   shall issue an initial or renewal license to install or repair a            

3   boiler or a permit for the installation or repair of a boiler not           

4   later than 90 days after the applicant files a completed                    

5   application.  Receipt of the application is considered the date             

6   the application is received by any agency or department of the              

7   state of Michigan.  If the application is considered incomplete             

8   by the department of labor and economic growth, the department of           

9   labor and economic growth shall notify the applicant in writing,            

10  or make the information electronically available, within 30 days            

11  after receipt of the incomplete application, describing the                 

12  deficiency and requesting the additional information.  The 90-day           

13  period is tolled upon notification by the department of labor and           

14  economic growth of a deficiency until the date the requested                

15  information is received by the department of labor and economic             

16  growth.  The determination of the completeness of an application            

17  does not operate as an approval of the application for the                  

18  license or permit and does not confer eligibility of an applicant           

19  determined otherwise ineligible for issuance of a license or                

20  permit.                                                                     

21      (3) If the department of labor and economic growth fails to                 

22  issue or deny a license or permit within the time required by               

23  this section, the department of labor and economic growth shall             

24  return the license or permit fee and shall reduce the license or            

25  permit fee for the applicant's next renewal application, if any,            

26  by 15%.  The failure to issue a license or permit within the time           

27  required under this subsection does not allow the department to             

1   otherwise delay the processing of the application, and that                 

2   application, upon completion, shall be placed in sequence with              

3   other completed applications received at that same time.  The               

4   department of labor and economic growth shall not discriminate              

5   against an applicant in the processing of the application based             

6   upon the fact that the license or permit fee was refunded or                

7   discounted under this subsection.                                           

8       (4) Beginning October 1, 2005, the director shall submit a                  

9   report by December 1 of each year to the standing committees and            

10  appropriations subcommittees of the senate and house of                     

11  representatives concerned with occupational issues.  The director           

12  shall include all of the following information in the report                

13  concerning the preceding fiscal year:                                       

14      (a) The number of initial and renewal applications the                      

15  department received and completed within the 90-day time period             

16  described in subsection (2).                                                

17      (b) The number of applications denied.                                      

18      (c) The number of applicants not issued a license within the                

19  90-day time period and the amount of money returned to licensees            

20  and registrants under subsection (3).                                       

21      (5)  (2)  To accomplish the objectives of this section and                  

22  this act, a state boiler inspection fund is created in the state            

23  treasury.  The state treasurer  shall be is the custodian of the           

24  fund and may invest the surplus of the fund.  in investments as             

25  in the state treasurer's judgment are in the best interest of the           

26  fund.  Earnings from those investments shall be credited to the             

27  fund.  The state treasurer shall notify the director and the                

1   Legislature of interest credited and the balance of the fund as             

2   of September 30 of each year.  The director shall supervise and             

3   administer the fund.  Fees received by the department of labor              

4   and economic growth and money collected under this act shall be             

5   deposited in the state boiler inspection fund and shall be                  

6   appropriated by the Legislature for the operations of the boiler            

7   division and indirect overhead expenses in the department of                

8   labor and economic growth.  Funds that are unexpended at the end            

9   of each fiscal year shall not lapse to the general fund and shall

10  be returned to the state boiler inspection fund.                            

11  (6) As used in this section, "completed application" means an               

12  application complete on its face and submitted with any                     

13  applicable licensing or permit fees as well as any other                    

14  information, records, approval, security, or similar item                   

15  required by law or rule from a local unit of government, a                  

16  federal agency, or a private entity but not from another                    

17  department or agency of the state of Michigan.