HB-4846, As Passed Senate, December 10, 2008

SENATE 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 if paid after September

30, 2012 and $100.00 if paid on or before September 30, 2012.

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, 2012 and $100.00 if paid on

or before September 30, 2012.

     (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) 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.