HB-5506, As Passed House, June 10, 2014
April 30, 2014, Introduced by Reps. Santana, Knezek and Kosowski and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1984 PA 192, entitled
"Forbes mechanical contractors act,"
by amending section 10 (MCL 338.980), as amended by 2012 PA 312.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Subject to subsection (8), the examination fee
for a contractor's license is $25.00 if paid after September 30,
2015 and $100.00 if paid on or before September 30, 2015. Except as
otherwise provided in subsections (2) and (4), the initial and per-
year fee for the issuance of a contractor's license is $75.00 if
paid after September 30, 2015 and $100.00 if paid on or before
September 30, 2015.
(2) An initial or renewal contractor's license issued under
this act expires on August 31 every third year and is renewable by
filing an application and paying the license fee not later than
October 31. If an individual is applying for an initial or
reinstatement contractor's license at a time other than between
August 31 and October 31 of the year in which the department issues
renewal licenses, the department shall compute and charge the
license fee on a yearly pro rata basis beginning in the year of the
application until the last year of the 3-year license cycle. A
license that is not renewed is void and may be reinstated only by
applying for reinstatement and paying the license fee. An
individual who renews his or her license within 3 years after the
license is voided under this section is not subject to
reexamination for the license.
(3) The department shall issue an initial or renewal license
not later than 90 days after the applicant files a completed
application. The date of filing of the application is considered
the date the application is received by any agency or department of
this state. If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available to the applicant,
within 30 days after the date of filing of the incomplete
application, describing the deficiency and requesting the
additional information. The 90-day period is tolled from the date
of notification by the department of a deficiency until the date
the requested information is received by the department. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(4) If the department fails to issue or deny a license within
the time required under this section, the department shall return
the license fee and shall reduce the license fee for the
applicant's next renewal application, if any, by 15%. The failure
to issue a license within the time required under this section does
not allow the department to otherwise delay the processing of the
application, and the department shall place that application, when
completed, in sequence with other completed applications received
at that same time. The department shall not discriminate against an
applicant in the processing of the application based on the fact
that the license fee was refunded or discounted under this
subsection.
(5) The director of the department shall submit a report by
December 1 of each year to the standing committees and
appropriations subcommittees of the senate and house of
representatives concerned with occupational issues. The director
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (3).
(b) The number of applications denied by the department.
(c) The number of applicants that were not issued a license
within the 90-day time period and the amount of money returned to
licensees under subsection (4).
(6) The department shall pay all licensing fees, examination
fees, and other income received under this act into the state
construction code fund created in section 22 of the Stille-
DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1522.
(7) The department shall annually submit to the members of the
legislature a comprehensive report detailing the expenditure of
additional money resulting from the 1989 amendatory act that
increased the fees contained in this section.
(8) The department shall waive any fee otherwise required
under
this section 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.applicant is an individual who served in the
armed forces
and he or she provides to the department a form DD214, form DD215,
or any other form that is satisfactory to the department that
demonstrates he or she was separated from that service with an
honorable character of service or under honorable conditions
(general) character of service.
(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
House Bill No. 5506 as amended June 4, 2014
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.
(9) As used in this section, "completed application" means an
application that is complete on its face and submitted with any
applicable licensing fees and any other information, records,
approval, security, or similar item required by law or rule from a
local unit of government, a federal agency, or a private entity but
not from another department or agency of this state.
[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]