HB-4843, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4843

      A bill to amend 2002 PA 733, entitled

"State plumbing act,"

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

section 31 as amended by 2004 PA 268.

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

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

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

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

 3  issue licenses for up to 3 years in duration.

 4        (2) By July 1 of each fiscal year, the department shall

 5  multiply the amount of the fee imposed under this section and

 6  section 35 by a percentage amount equal to the average percentage

 7  wage and salary increase granted to classified civil service

 8  employees employed by the department for the fiscal year

 9  beginning the following October 1.

10        (3) If the amount calculated under subsection (2) is less

11  than 10% of the fees imposed under this section and section 35,

12  the department shall not increase the fees.

13        (4) If the cumulative amount calculated under subsection (2)

14  since the most recent fee increase equals at least 10% of the

15  fees imposed under this section and section 35, the department

16  may increase the amount of fees imposed under this section and

17  section 35 by the cumulative amount calculated under subsection

18  (2).

19        (5) If the department increases fees under subsection (2),

20  the increase shall be effective for the fiscal year beginning the

21  following October 1. The increased fees shall be used by the

22  department as the basis for calculating fee increases in

23  subsequent fiscal years, as provided in subsections (2) and (4).

24        (6) By July 1 of each year, the department shall provide to

25  the state budget office, senate, house of representatives, and

26  the senate and house fiscal agencies a complete schedule of fees

27  to be collected under this section and section 35, the amount

 1  calculated under subsection (2), and the amount of the fee

 2  increase under subsection (4). The legislature has 90 days after

 3  receiving notice from the department in which to adopt a

 4  resolution rejecting the proposed increase in fees under

 5  subsection (4).

 6  (7) (2) The annual fees for initial licensure, apprentice

 7  plumber registration, or renewal of a license and registration

 8  issued under this act are as follows:

9       (a) Journey plumber.........................  $  20.0040.00.

10      (b) Apprentice plumber......................  $   5.0015.00.

11  (8) (3) All licenses and apprentice registrations not

12  renewed within 60 days of expiration may be reinstated only upon

13  application to the board for reinstatement and the payment of the

14  annual renewal fee and the following reinstatement fee:

15      (a) Journey plumber.........................  $  25.0050.00.

16      (b) Apprentice plumber......................  $  10.0020.00.

17  (9) (4) A person requesting renewal of a license within 3

18  years after the license is expired under subsection (3) (8) is

19  not subject to reexamination for the license but is required to

20  pay the reinstatement fee and the annual renewal fee for each

21  year not renewed. A person who fails to renew a license for more

22  than 3 consecutive years is required to meet the experience and

23  other requirements and take an examination for the class of

 1  license requested.

 2  (10) (5) Examination fees are as follows:

3       (a) Plumbing contractor....................  $  50.00100.00.

4       (b) Master plumber.........................  $  50.00100.00.

5       (c) Journey plumber........................  $  50.00100.00.

 6  (11) (6) The department shall issue an initial master

 7  plumber and plumbing contractor license for a period of up to 3

 8  years. The master plumber and plumbing contractor licenses are

 9  renewable for periods of 3 years. For a person applying for

10  initial or reinstatement license at a time other than between

11  April 30 and June 30 of the year in which the department issues

12  renewal licenses, the department shall compute and charge the

13  license fee on a yearly prorated basis beginning the year of

14  application until the last year of the 3-year license period.

15  (12) (7) The initial and renewal fee for a master plumber

16  and plumbing contractor license issued under this act are as

17  follows:

18      (a) Plumbing contractor....................  $  20.00300.00.

19      (b) Master plumber........................   $ 200.00300.00.

20  (13) (8) All plumbing contractor and master plumber licenses

21  not renewed within 60 days of expiration may be reinstated only

22  upon application submitted to the board and payment of the

23  renewal fee and an $85.00 a $100.00 reinstatement fee.

24  (14) (9) Beginning on the effective date of the amendatory

25  act that added this subsection July 23, 2004, the department

 1  shall issue an initial or renewal license for a master plumber or

 2  a plumbing contractor not later than 90 days after the applicant

 3  files a completed application. Receipt of the application is

 4  considered the date the application is received by any agency or

 5  department of the state of Michigan. If the application is

 6  considered incomplete by the department, the department shall

 7  notify the applicant in writing, or make the information

 8  electronically available, within 30 days after receipt of the

 9  incomplete application, describing the deficiency and requesting

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

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

12  requested information is received by the department. The

13  determination of the completeness of an application does not

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

15  does not confer eligibility of an applicant determined otherwise

16  ineligible for issuance of a license.

17  (15) (10) If the department fails to issue or deny a license

18  within the time required by this section, the department shall

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

20  applicant's next renewal application, if any, by 15%. The failure

21  to issue a license within the time required under this section

22  does not allow the department to otherwise delay the processing

23  of the application, and that application, upon completion, shall

24  be placed in sequence with other completed applications received

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

26  an applicant in the processing of the application based upon the

27  fact that the license fee was refunded or discounted under this

 1  subsection.

 2  (16) (11) Beginning October 1, 2005, the director of the

 3  department shall submit a report by December 1 of each year to

 4  the standing committees and appropriations subcommittees of the

 5  senate and house of representatives concerned with occupational

 6  issues. The director shall include all of the following

 7  information in the report concerning the preceding fiscal year:

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

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

10  described in subsection (9) (14).

11        (b) The number of applications denied.

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

13  90-day time period and the amount of money returned to licensees

14  under subsection (10) (15).

15  (17) (12) As used in this section, "completed application"

16  means an application complete on its face and submitted with any

17  applicable licensing fees as well as any other information,

18  records, approval, security, or similar item required by law or

19  rule from a local unit of government, a federal agency, or a

20  private entity but not from another department or agency of the

21  state of Michigan.

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

23  a new license or registration shall be issued without

24  examination, upon payment of a $20.00 $30.00 fee and a written

25  statement made by the licensee or registrant that the license or

26  registration has been lost or destroyed.