March 25, 2008, Introduced by Senators BASHAM and CASSIS and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2405 (MCL 339.2405), as amended by 2007 PA 157.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2405. (1) If a license is applied for by a corporation,
partnership, association, limited liability company, or other
entity, the applicant shall designate 1 of its officers, partners,
members, or managing agent as a qualifying officer who, upon taking
and passing the examination, and upon meeting all other
requirements of this article, is entitled to a license to act for
the corporation, partnership, association, limited liability
company, or other entity. The qualifying officer shall also obtain
and maintain a license under this article as an individual by June
1, 2011. The qualifying officer shall be responsible for exercising
the supervision or control of the building or construction
operations necessary to secure full compliance with this article
and the rules promulgated under this article. A license shall not
be issued to a corporation, partnership, association, limited
liability company, or other entity unless each partner, trustee,
director, officer, member, and a person exercising control is at
least 18 years of age, and meets the requirements for a license
under this article other than those relating to knowledge and
experience. If an individual licensee is also a qualifying officer,
the individual's name and license number shall be listed on any
license issued to the individual as a qualifying officer. In the
case of a license issued under this subsection, each officer,
partner, member, or managing agent, whether or not he or she is the
qualifying officer, shall provide a copy of his or her operator's
license or state personal identification card to the department for
use by the department only for identification purposes. A licensee
granted inactive status under section 2404b is not eligible to
serve as a qualifying officer.
(2) The license of a corporation, partnership, association,
limited liability company, or other entity shall be suspended when
a license or license application of a qualifying officer, partner,
trustee, director, officer, member, or a person exercising control
of the corporation, partnership, association, limited liability
company, or other entity is suspended, revoked, or denied. The
suspension shall remain in force until the board determines that
the disability created by the suspension, revocation, or denial has
been removed.
(3) A suspension, revocation, or denial of a license of an
individual shall suspend, revoke, or deny any other license held or
applied for by that individual issued under this article. A
suspension, revocation, or denial of a license by the department
shall suspend, revoke, or deny any other license held or applied
for under this article by the qualifying officer of a corporation,
partnership, association, limited liability company, or other
entity whose license is suspended, revoked, or denied.
(4) If the qualifying officer of a licensee ceases to be its
qualifying officer, the license is suspended. However, upon
request, the department may permit the license to remain in force
for a reasonable time to permit the qualification of a new
qualifying officer.