HB-4846, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4846

     A bill to amend 1984 PA 192, entitled

"Forbes mechanical contractors act,"

by amending section 10 (MCL 338.980), as amended by 2004 PA 271.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) The Subject to subsection (8), the examination

fee for a contractor's license is $25.00 $100.00. Except as

otherwise provided in subsections (2), and (4), and (8), the

initial and per-year fee for the issuance of a contractor's license

is $75.00 $100.00.

     (2) An initial or renewal contractor's license issued under

this act expires on August 31 every third year after August 31,

2001 and is renewable not later than October 31 upon application

and payment of the license fee. For a person 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. All licenses not renewed are void and may be

reinstated only upon application for reinstatement and the payment

of the license fee. A person who renews his or her license within 3

years after the license is voided pursuant to this section is not

subject to reexamination for the license.

     (3) Beginning on the effective date of the amendatory act that

added subsection (5) July 23, 2004, the department shall issue an

initial or renewal license not later than 90 days after the

applicant files a completed application. Receipt of the application

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

department of the state of Michigan. If the application is

considered incomplete by the department, the department shall

notify the applicant in writing, or make the information

electronically available, within 30 days after receipt of the

incomplete application, describing the deficiency and requesting

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

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 by 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 that application, upon completion, shall be placed

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 upon the fact that the

license fee was refunded or discounted under this subsection.

     (5) Beginning October 1, 2005, 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.

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

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

under subsection (4).

     (6) All fees and money received by the department for the

licensing of persons under this act, and any other income received

under this act, shall be paid into the state construction code fund

created by 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) By July 1 of each fiscal year, the department shall

multiply the amount of the fee imposed under this section by a

percentage amount equal to the average percentage wage and salary

increase granted to classified civil service employees employed by

the department for the fiscal year beginning the following October

1.

     (9) If the amount calculated under subsection (8) is less than

10% of the fees imposed under this section, the department shall

not increase the fees.

     (10) If the cumulative amount calculated under subsection (8)

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

imposed under this section, the department may increase the amount

of fees imposed under this section by the cumulative amount

calculated under subsection (8).

     (11) If the department increases fees under subsection (8),

the increase shall be effective for the fiscal year beginning the

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

department as the basis for calculating fee increases in subsequent

fiscal years, as provided in subsections (8) and (10).

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

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

senate and house fiscal agencies a complete schedule of fees to be

collected under this section, the amount calculated under

subsection (8), and the amount of the fee increase under subsection

(10). The legislature has 90 days after receiving notice from the

department in which to adopt a resolution rejecting the proposed

increase in fees under subsection (10).

(13) (8) As used in this section, "completed application"

means an application complete on its face and submitted with any

applicable licensing fees as well as 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 the

state of Michigan.