HB-5821, As Passed House, September 19, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5821

      A bill to amend 2002 PA 733, entitled

"State plumbing act,"

by amending sections 31 and 35 (MCL 338.3541 and 338.3545), as

amended by 2008 PA 370.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 31. (1) A license or apprentice registration issued

 2  under this act must be renewed not more than 60 days after the

 3  renewal date. It is the responsibility of a licensee or

 4  registrant to renew a license or registration. The department

 5  shall send a renewal application to the last known address of a

 6  licensee or registrant on file with the department. Every holder

 7  of a license or registration issued under this act shall promptly

 8  notify the department of a change in his or her business or

 1  residence address. The failure of a licensee or registrant to

 2  notify the department of a change of address does not extend the

 3  expiration date of a license or registration. The department may

 4  issue licenses for up to 3 years in duration.

 5        (2) The annual fees for initial licensure, apprentice

 6  plumber registration, or renewal of a license and registration

 7  issued under this act are as follows:

8        (a)         If paid after September 30, 2012:2015:

9        (i)          Journey plumber...................  $  20.00.

10       (ii)         Apprentice plumber................  $   5.00.

11       (b)         If paid on or before September 30, 2012:2015:

12       (i)          Journey plumber...................  $  40.00.

13       (ii)         Apprentice plumber................  $  15.00.

14        (3) All licenses and A license or apprentice registrations

15  registration that is not renewed within 60 days of expiration may

16  be reinstated only upon application by applying to the board for

17  reinstatement and the payment of the annual renewal fee and the

18  following reinstatement fee:

19       (a)         If paid after September 30, 2012:2015:

20       (i)          Journey plumber...................  $  25.00.

21       (ii)         Apprentice plumber................  $  10.00.

22       (b)         If paid on or before September 30, 2012:2015:

23       (i)          Journey plumber...................  $  50.00.

24       (ii)         Apprentice plumber................  $  20.00.

25        (4) A person An individual who is requesting renewal of a

26  license under subsection (3) within 3 years after the license is

 1  expired under subsection (3) is not subject to reexamination for

 2  the license but is required to pay the reinstatement fee and the

 3  annual renewal fee for each year the license was not renewed. A

 4  person An individual who fails to renew a license for more than 3

 5  consecutive years is required to meet the experience and other

 6  requirements and take an examination for the class of license

 7  requested.

 8        (5) Examination fees under this act are as follows:

9        (a)         If paid after September 30, 2012:2015:

10       (i)          Plumbing contractor...............  $  50.00.

11       (ii)         Master plumber....................  $  50.00.

12       (iii)         Journey plumber...................  $  50.00.

13       (b)         If paid on or before September 30, 2012:2015:

14       (i)          Plumbing contractor...............  $ 100.00.

15       (ii)         Master plumber....................  $ 100.00.

16       (iii)         Journey plumber...................  $ 100.00.

17        (6) The department shall issue an initial master plumber and

18  or plumbing contractor license for a period of up to 3 years. The

19  A master plumber and or plumbing contractor licenses are license

20  is renewable for periods of 3 years. For a person If an

21  individual is applying for initial or reinstatement license at a

22  time other than between April 30 and June 30 of the year in which

23  the department issues renewal licenses, the department shall

24  compute and charge the license fee on a yearly prorated basis

25  beginning the year of application until the last year of the 3-

26  year license period.

 1        (7) The initial and renewal fee for a master plumber and or

 2  plumbing contractor license issued under this act are as follows:

3        (a)         If paid after September 30, 2012:2015:

4        (i)          Plumbing contractor...............  $ 200.00.

5        (ii)         Master plumber....................  $ 200.00.

6        (b)         If paid on or before September 30, 2012:2015:

7        (i)          Plumbing contractor...............  $ 300.00.

8        (ii)         Master plumber....................  $ 300.00.

 9        (8) All A plumbing contractor and or master plumber licenses

10  license that is not renewed within 60 days of expiration may be

11  reinstated only upon application submitted by applying to the

12  board and payment of paying the renewal fee and, if paid after

13  September 30, 2012, 2015, an $85.00 reinstatement fee, and

14  $100.00 if paid on or before September 30, 2012.2015.

15        (9) Beginning July 23, 2004, the The department shall issue

16  an initial or renewal license for a master plumber or a plumbing

17  contractor under this act not later than 90 days after the

18  applicant files a completed application. Receipt The date of

19  filing of the application is considered the date the application

20  is received by any agency or department of the this state. of

21  Michigan. If the application is considered incomplete by the

22  department, the department shall notify the applicant in writing,

23  or make the information electronically available to the

24  applicant, within 30 days after receipt the date of filing of the

25  incomplete application, describing the deficiency and requesting

26  the additional information. The 90-day period is tolled upon from

 1  the date of notification by the department of a deficiency until

 2  the date the requested information is received by the department.

 3  The determination of the completeness of an application does not

 4  operate as an approval of the application for the license and

 5  does not confer eligibility of an applicant determined otherwise

 6  ineligible for issuance of a license.

 7        (10) If the department fails to issue or deny a license

 8  within the time required by under this section, the department

 9  shall return the license fee and shall reduce the license fee for

10  the applicant's next renewal application, if any, by 15%. The

11  failure to issue a license within the time required under this

12  section does not allow the department to otherwise delay the

13  processing of the application, and the department shall place

14  that application, upon completion, shall be placed when

15  completed, in sequence with other completed applications received

16  at that same time. The department shall not discriminate against

17  an applicant in the processing of the application based upon on

18  the fact that the license fee was refunded or discounted under

19  this subsection.

20        (11) Beginning October 1, 2005, the The director shall

21  submit a report by December 1 of each year to the standing

22  committees and appropriations subcommittees of the senate and

23  house of representatives concerned with occupational issues. The

24  director shall include all of the following information in the

25  report concerning the preceding fiscal year:

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

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

House Bill No. 5821 (H-1) as amended September 19, 2012

 1  described in subsection (9).

 2        (b) The number of applications denied by the department.

 3        (c) The number of applicants who were not issued a license

 4  within the 90-day time period and the amount of money returned to

 5  licensees under subsection (10).

          [(12) The department shall waive any fee otherwise required under

     This section or section 35 if the person responsible for paying the

     fee meets any of the following:

     (a) If the person is an individual, he or she is, and provides proof satisfactory to the department that he or she is, an honorably discharged veteran of the armed forces of the United States.

     (b) If the person is a nonprofit corporation organized on a membership or directorship basis, a majority of the members or directors, as applicable, are, and the person provides proof satisfactory to the department that a majority of the members or directors are, honorably discharged veterans of the armed forces of

the United States.

(c) If the person is not an individual or a nonprofit corporation described in subdivision (b), a majority of the shares or other ownership interests of the person are, and the person provides proof satisfactory to the department that those interests are, held by 1 or more honorably discharged veterans of the armed forces of the United States.

 6  (13)(12)] As used in this section, "completed application" means

 7  an application that is complete on its face and submitted with

 8  any applicable licensing fees as well as and any other

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

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

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

12  department or agency of the this state. of Michigan.

13        Sec. 35. If a license or registration is lost or destroyed,

14  the department shall issue a new license or registration, shall

15  be issued without examination, upon payment of a if a fee of

16  $20.00 fee if is paid after September 30, 2012, 2015, and a fee

17  of $30.00 if is paid on or before September 30, 2012. An 2015,

18  and an application for a new license or registration shall be is

19  submitted, accompanied by a written statement made by the

20  licensee or registrant that the license or registration has been

21  was lost or destroyed.