February 6, 2014, Introduced by Rep. Lane and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 2404 and 2405 (MCL 339.2404 and 339.2405),
section 2404 as amended by 2010 PA 151 and section 2405 as amended
by 2007 PA 157, and by adding section 2404c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2404. (1) The Except as
provided in section 2404c, the
department may require an applicant, a licensee, or each partner,
trustee, director, officer, member, or shareholder of an applicant
or
licensee to submit evidence of good
moral character , and or
evidence
of financial stability. Before the issuance
of department
issues
a license, an applicant shall submit a
copy of an his or her
operator's
license or state personal identification card , to be
used
by the department. The department may use the license or card
only for proof of identity of the applicant.
(2)
The Except as provided in
section 2404c, the department
shall
require that an applicant for a license to under this article
pass
an examination establishing that
establishes that the
applicant has a fair knowledge of the obligations of a residential
builder or residential maintenance and alteration contractor to the
public and the applicant's principal, and the statutes relating to
the applicant's licensure.
(3)
The Except as provided in
section 2404c, the department ,
upon
application, may issue a residential
maintenance and
alteration
contractor's license to an applicant who, upon
examination,
an individual who applies for
the license and who
qualifies
for a the license
, which by passing the examination. A
license authorizes the licensee, according to the applicant's
qualifications, crafts, and trades, to engage in the activities of
a residential maintenance and alteration contractor. A license
includes the following crafts and trades: carpentry; concrete;
swimming pool installation; waterproofing a basement; excavation;
insulation work; masonry work; painting and decorating; roofing;
siding and gutters; screen or storm sash installation; tile and
marble
work; and or house wrecking. The A license
shall specify the
particular
craft or trade for which the licensee has is qualified.
This subsection does not prohibit a specialty contractor from
taking
and executing a contract involving the use of 2 performance
of the contractor's licensed craft or trade and 1 or more other
crafts or trades if the performance of the work in the other craft
or
trade other than the craft for which the person is licensed is
incidental and supplemental to the performance of work in the craft
or trade for which the specialty contractor is licensed.
(4) A residential builder or residential maintenance and
alteration contractor shall maintain a place of business in this
state. If a residential builder or residential maintenance and
alteration contractor maintains more than 1 place of business
within
in this state, the
department shall issue a branch office
license
shall be issued to the builder or contractor for each place
of
business so maintained by
the builder or contractor.
(5)
Beginning the license cycle after December 21, 2007, the
The department shall issue the license of a residential builder and
residential maintenance and alteration contractor for a period of 3
years
in duration. Beginning December 21, 2007, an
(6) An applicant for renewal of a residential builder or
maintenance and alteration contractor license shall state to the
department that he or she has a current copy of the Michigan
residential
code and has fulfilled meets
the appropriate
requirements regarding continuing competency described in this
article or rules promulgated under this article.
(7) (6)
Beginning December 21, 2007, a A
licensee shall
maintain
documentation, for at least 5 years, of activities meeting
that
meet the continuing competency
requirements as prescribed
under this article.
Sec. 2404c. All of the following apply to an individual
described in section 2404b(1)(b) who is applying for a license or
relicensure as a residential builder or residential maintenance and
alteration contractor:
(a) The board in its sole discretion shall determine whether
the applicant should receive a license under this article and what
requirements described in section 2404 the applicant must meet to
qualify for that license.
(b) If directed by the board, the department shall issue a
license to the applicant.
(c) For purposes of the board's determination under
subdivision (a), the department shall provide to the board all of
the information it required the applicant to submit under section
2404(1).
(d) In making its determination under subdivision (a), the
board shall consider the information it receives under subdivision
(c) concerning the good moral character or financial stability of
the applicant and other persons described in section 2404(1), shall
determine whether the applicant is required to pass an examination
under section 2404(2) or (3) or 2405(1), and may require that the
applicant meet other requirements to qualify for a license.
(e) If section 411(3), (4), or (5) applies to the applicant,
the board, not the department, shall determine whether the
applicant is eligible for relicensure or license reinstatement.
Sec.
2405. (1) If a license is applied for by Subject to
section 2404c, if a corporation, partnership, association, limited
liability company, or other entity applies for a license, the
applicant
shall designate 1 of its officers, partners, or members ,
or
its managing agent as a qualifying officer. who,
upon taking and
passing
the examination, and upon meeting all A qualifying officer
who takes and passes the examination and meets any other
requirements
of this article , is
entitled to a license to act for
the corporation, partnership, association, limited liability
company,
or other entity. The A qualifying officer shall also
obtain and maintain a license under this article as an individual.
The
A qualifying officer shall be is responsible
for exercising the
supervision or control of the building or construction operations
necessary to secure full compliance with this article and the rules
promulgated
under this article. A The
department shall not issue a
license
shall not be issued to a corporation, partnership,
association, limited liability company, or other entity unless each
partner,
trustee, director, officer, or member, and a each person
exercising
that exercises control over
the entity, is at least 18
years
of age , and
meets the requirements for a license under this
article other than those relating to knowledge and experience. If
an individual licensee is also a qualifying officer, the department
shall
include the individual's name and
license number shall be
listed
on any license issued to the
individual as a qualifying
officer.
In the case of If the
department issues a license issued
under
this subsection , each to
an officer, partner, member, or
managing agent, whether or not he or she is the qualifying officer,
that individual shall provide a copy of his or her operator's
license or state personal identification card to the department.
for
use by the The department shall
use the license or card only
for identification purposes. A licensee granted inactive status
under section 2404b is not eligible to serve as a qualifying
officer.
(2) The license of a corporation, partnership, association,
limited
liability company, or other entity shall be is suspended
when a license or license application of a qualifying officer,
partner, trustee, director, officer, or member, or a person
exercising
that exercises control of the corporation, partnership,
association, limited liability company, or other entity, is
suspended, revoked, or denied. The suspension shall remain in force
until the board determines that the disability created by the
suspension,
revocation, or denial has been is
removed.
(3)
A suspension, revocation, or denial of a license of an
individual
shall suspend, revoke, or deny any other license held or
applied
for by that individual issued under this article. A
suspension,
revocation, or denial of a license by the department
shall
suspend, revoke, or deny any other license held or applied
for
under this article by the qualifying officer If an individual's
license under this article is suspended, revoked, or denied by the
board, any other license issued or applied for under this article
is suspended, revoked, or denied. If the license of a corporation,
partnership, association, limited liability company, or other
entity
whose license is suspended, revoked, or denied, any other
license issued to or applied for by the qualifying officer of that
entity is suspended, revoked, or denied.
(4) If the qualifying officer of a licensee ceases to be its
qualifying
officer, the license is suspended. However, upon on
request, the department may permit the license to remain in force
for a reasonable time to permit the qualification of a new
qualifying officer.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4582 of the 97th Legislature is enacted into
law.