SENATE BILL No. 1373

 

 

November 27, 2012, Introduced by Senator JANSEN 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 2008 PA 372.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) 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 and is renewable by

 

filing an application and paying the license fee not later than

 


October 31. upon application and payment of the license fee. For a

 

person If an individual 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 A

 

license that is not renewed are is void and may be reinstated only

 

upon application by applying for reinstatement and the payment of

 

paying the license fee. A person An individual who renews his or

 

her license within 3 years after the license is voided pursuant to

 

under this section is not subject to reexamination for the license.

 

     (3) Beginning July 23, 2004, the The department shall issue an

 

initial or renewal license under this act not later than 90 days

 

after the applicant files a completed application. Receipt The date

 

of filing of the application is considered the date the application

 

is received by any agency or department of the this 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 to the applicant,

 

within 30 days after receipt the date of filing of the incomplete

 

application, describing the deficiency and requesting the

 

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

 

date of 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 under 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 the department shall place that application, upon

 

completion, shall be placed when completed, 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 on the fact that the license fee was

 

refunded or discounted under this subsection.

 

     (5) Beginning October 1, 2005, the 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 by the department.

 

     (c) The number of applicants that were 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, The department shall pay all

 

licensing fees, examination fees, and any other income received

 

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

 

fund created by in 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 that is complete on its face and submitted with any

 

applicable licensing fees as well as and 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

 

this state. of Michigan.