HOUSE BILL No. 4843

 

May 24, 2007, Introduced by Rep. Kathleen Law and referred to the Committee on Appropriations.

 

      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

 


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

 

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

 

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

 

 4  issue licenses for up to 3 years in duration. The director may

 

 5  change the amount of any fees described in this section and

 

 6  section 35 by rule promulgated under the administrative

 

 7  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Any

 

 8  fee changes made by the director under this subsection shall take

 

 9  effect on the effective date of the rule.

 

 

 

10        (2) The annual fees for initial licensure, apprentice

 

11  plumber registration, or renewal of a license and registration

 

12  issued under this act are as follows:

 

 

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

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

 

 

15        (3) All licenses and apprentice registrations not renewed

 

16  within 60 days of expiration may be reinstated only upon

 

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

 

18  annual renewal fee and the following reinstatement fee:

 

 

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

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

 

 

21        (4) A person requesting renewal of a license within 3 years

 

22  after the license is expired under subsection (3) is not subject

 

23  to reexamination for the license but is required to pay the

 

24  reinstatement fee and the annual renewal fee for each year not


 

 1  renewed. A person who fails to renew a license for more than 3

 

 2  consecutive years is required to meet the experience and other

 

 3  requirements and take an examination for the class of license

 

 4  requested.

 

 5        (5) Examination fees are as follows:

 

 

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

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

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

 

 

 9        (6) The department shall issue an initial master plumber and

 

10  plumbing contractor license for a period of up to 3 years. The

 

11  master plumber and plumbing contractor licenses are renewable for

 

12  periods of 3 years. For a person applying for initial or

 

13  reinstatement license at a time other than between April 30 and

 

14  June 30 of the year in which the department issues renewal

 

15  licenses, the department shall compute and charge the license fee

 

16  on a yearly prorated basis beginning the year of application

 

17  until the last year of the 3-year license period.

 

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

 

19  plumbing contractor license issued under this act are as follows:

 

 

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

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

 

 

22        (8) All plumbing contractor and master plumber licenses not

 

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

 

24  application submitted to the board and payment of the renewal fee

 


 1  and an $85.00 a $100.00 reinstatement fee.

 

 2        (9) Beginning on the effective date of the amendatory act

 

 3  that added this subsection July 23, 2004, the department shall

 

 4  issue an initial or renewal license for a master plumber or a

 

 5  plumbing contractor not later than 90 days after the applicant

 

 6  files a completed application. Receipt of the application is

 

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

 

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

 

 9  considered incomplete by the department, the department shall

 

10  notify the applicant in writing, or make the information

 

11  electronically available, within 30 days after receipt of the

 

12  incomplete application, describing the deficiency and requesting

 

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

 

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

 

15  requested information is received by the department. The

 

16  determination of the completeness of an application does not

 

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

 

18  does not confer eligibility of an applicant determined otherwise

 

19  ineligible for issuance of a license.

 

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

 

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

 

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

 

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

 

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

 

25  does not allow the department to otherwise delay the processing

 

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

 

27  be placed in sequence with other completed applications received

 


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

 

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

 

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

 

 4  subsection.

 

 5        (11) Beginning October 1, 2005, the director of the

 

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

 

 7  the standing committees and appropriations subcommittees of the

 

 8  senate and house of representatives concerned with occupational

 

 9  issues. The director shall include all of the following

 

10  information in the report concerning the preceding fiscal year:

 

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

 

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

 

13  described in subsection (9).

 

14        (b) The number of applications denied.

 

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

 

16  90-day time period and the amount of money returned to licensees

 

17  under subsection (10).

 

18        (12) As used in this section, "completed application" means

 

19  an application complete on its face and submitted with any

 

20  applicable licensing fees as well as any other information,

 

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

 

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

 

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

 

24  state of Michigan.

 

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

 

26  a new license or registration shall be issued without

 

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

 


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

 

 2  registration has been lost or destroyed.