May 24, 2007, Introduced by Rep. Leland and referred to the Committee on Appropriations.
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) The director of the department may change the amount of
any fees described in this section by rule promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. Any fee changes made by the director of the department
under this subsection shall take effect on the effective date of
the rule.
(9) (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.