May 13, 2004, Introduced by Senator KUIPERS and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1984 PA 192, entitled
"Forbes mechanical contractors act,"
by amending sections 6 and 10 (MCL 338.976 and 338.980), section
10 as amended by 1997 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6. (1) Upon the filing of an application on a form
2 prescribed by the department and payment of the examination fee
3 prescribed in section 10, the department shall conduct
4 examinations to establish the qualifications and competency of
5 applicants seeking licensing for the category for which the
6 application is made submitted
and , except as otherwise
7 provided, shall issue licenses to those who pass the
8 examinations and pay the initial issuance fee, except as
9 otherwise provided for in this act. An applicant who seeks
10 licensure in more than 1
work classification as set forth
1 listed in subsection (3) on a single application shall only be
2 required to pay 1 examination fee and 1 initial issuance fee as
3 provided in section 10. A person applying for a license under
4 this act shall also pay the amount required to be paid under the
5 construction lien act, Act
No. 497 of the Public Acts of 1980,
6 being sections
570.1101 to 570.1305 of the Michigan Compiled
7 Laws 1980 PA 497, MCL 570.1101 to 570.1305, which
amount shall
8 be paid to the department
of licensing and regulation for
9 deposit in the homeowner construction lien recovery fund. A
10 person shall is
not be required to pay more than $50.00 in an
11 assessment period under the
construction lien that act, Act
12 No. 497 of the Public
Acts of 1980, regardless of the
number of
13 licenses applied for or held.
14 (2) An applicant shall
is not be considered eligible for
15 examination unless the applicant is of good moral character, as
16 defined in Act No. 381
of the Public Acts of 1974, being
17 sections 338.41 to
338.47 of the Michigan Compiled Laws 1974
PA
18 381, MCL 338.41 to 338.47, and has a minimum of 3 years of
19 experience , or
an equivalent of that experience that is
20 acceptable to the board, upon proper showing to the department,
21 in 1 or more of the work
classifications set forth listed in
22 subsection (3).
23 (3) A contractor's
license obtained by licensure or
24 examination shall be classified and limited as 1 or more of the
25 following:
26 (a) Hydronic heating and cooling and process piping.
27 (b) HVAC equipment.
1 (c) Ductwork.
2 (d) Refrigeration.
3 (e) Limited service, heating or refrigeration.
4 (f) Unlimited service, heating or refrigeration.
5 (g) Fire suppression.
6 (h) Specialty.
7 Sec. 10. (1) The examination fee for a contractor's license
8 is $25.00. Except as
otherwise provided in subsection (2)
9 subsections (2) and (4), the initial and per-year fee for the
10 issuance of a contractor's license is $75.00.
11 (2) Beginning January 1, 1998, an An initial or
renewal
12 contractor's license issued under this act expires on August 31
13 , 2001. Beginning January 1, 1998, the board shall charge a
14 license fee of $200.00
for the years 1998 through 2000 as well as
15 a pro rata license fee
of $44.00 representing the time between
16 January 1, 2001 and August 31, 2001. The applicant's license
17 expires every third year after August 31, 2001 and is
renewable
18 not later than October 31 upon application and payment of the
19 $200.00 license fee. In the case of For a
person applying
20 for an initial or reinstatement contractor's license at a time
21 other than between August 31 and October 31 of the year in which
22 the department issues renewal licenses, the department shall
23 compute and charge the license fee on a yearly pro rata basis
24 beginning in the year of the application until the last year of
25 the 3-year license cycle. All licenses not renewed are void and
26 may be reinstated only upon application for reinstatement and the
27 payment of the license fee. A person who renews his or her
1 license within 3 years after the license is voided pursuant to
2 this section is not subject to reexamination for the license.
3 (3) Beginning on the effective date of the amendatory act
4 that added subsection (5), the department shall issue an initial
5 or renewal license not later than 6 months after the applicant
6 files a completed application. If the application is considered
7 incomplete by the department, the department shall notify the
8 applicant in writing within 10 days after receipt of the
9 incomplete application, describing the deficiency and requesting
10 the additional information. The 6-month period is tolled upon
11 notification by the department of a deficiency until the date the
12 requested information is received by the department.
13 (4) If the department fails to issue or deny a license within
14 the time required by this section, the department shall return
15 the license fee and shall reduce the license fee for the
16 applicant's next renewal application, if any, by 15%. The
17 department shall not discriminate against an applicant in the
18 processing of the application based upon the fact that the
19 application fee was refunded or discounted under this
20 subsection.
21 (5) Beginning January 31, 2005, the director of the
22 department shall submit a report by January 31 of each year to
23 the standing committees and appropriations subcommittees of the
24 senate and house of representatives concerned with occupational
25 issues. The director shall include all of the following
26 information in the report concerning the preceding calendar
27 year:
1 (a) The number of initial and renewal applications the
2 department received and completed within the 6-month time period
3 described in subsection (3).
4 (b) The number of applications requiring a request for
5 additional information.
6 (c) The average time for an applicant to respond to a request
7 for additional information.
8 (d) The number of applications rejected in general
9 categories.
10 (e) The amount of money returned to licensees under
11 subsection (4).
12 (f) The number of applications not issued within the 6-month
13 period.
14 (g) The average processing time for initial and renewal
15 applications granted after the 6-month period.
16 (6) (3) All
fees and money received by the department for
17 the licensing of persons under this act, and any other income
18 received under this act, shall be paid into the state
19 construction code fund created by section 22 of the
20 Stille-DeRossett-Hale single
state construction code act, of
21 1972, 1972 PA 230, MCL 125.1522.
22 (7) (4) The
department shall annually submit to the members
23 of the legislature a comprehensive report detailing the
24 expenditure of additional money resulting from the 1989
25 amendatory act that increased the fees contained in this
26 section.