SB-0983, As Passed Senate, December 4, 2014

SUBSTITUTE FOR

SENATE BILL NO. 983

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and

339.2404b), section 103 as amended by 1994 PA 257, section 316 as

amended by 1998 PA 90, and section 2404b as amended by 2014 PA 175,

and by adding article 14A; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 103. (1) "Armed forces" means that term as defined in

section 2 of the veteran right to employment services act, 1994 PA

39, MCL 35.1092.

(2) ~~(1)~~ "Board" means, in each article which deals with a

specific occupation, the agency created in that article composed

principally of members of the regulated occupation. In all other

contexts, board means each agency created under this act.

(3) ~~(2)~~ "Censure" means an expression of disapproval of a

licensee's or registrant's professional conduct. ~~, which~~ The term

includes an expression of disapproval of professional conduct that

is not necessarily a violation of this act or a rule promulgated or

an order issued under this act.

(4) ~~(3)~~ "Competence" means a degree of expertise ~~which~~ that

enables a person to engage in an occupation at a level ~~which~~ that

meets or exceeds minimal standards of acceptable practice for the

occupation.

(5) ~~(4)~~ "Complaint" means an oral or written grievance.

(6) ~~(5)~~ "Controlled substance" means ~~a drug, substance, or~~

~~immediate precursor as set forth in section 7212, 7214, 7216, 7218,~~

~~or 7220 of the public health code, Act No. 368 of the Public Acts~~

~~of 1978, being sections 333.7212, 333.7214, 333.7216, 333.7218, and~~

~~333.7220 of the Michigan Compiled Laws, not excluded pursuant to~~

~~section 7227 of Act No. 368 of the Public Acts of 1978, being~~

~~section 333.7227 of the Michigan Compiled Laws.~~that term as defined

in section 7104 of the public health code, 1978 PA 368, MCL

333.7104.

Sec. 316. (1) Unless otherwise provided in an article, a board

and the department shall develop an examination or test required by

an article. The board and the department in developing an

examination or test may adopt an examination or test prepared by

another agency if the board and the department determine that the

examination or test serves as a basis for determining whether a

~~person~~ an individual has the knowledge and skills to perform an

occupation with competence.

(2) The material required by the board and the department to

develop an examination or test may be considered by the board in a

closed session, if the board meets the requirements of section 7 of

the open meetings act, 1976 PA 267, MCL 15.267.

~~(3) A board and the department, in determining the form the~~

~~recommended examination or test shall take, shall give special~~

~~emphasis to an alternative form of testing which permits a person~~

~~to demonstrate a special qualification a person may have which is~~

~~not evident under a written examination, but which is related to an~~

~~occupation. The alternative form of testing shall be structured to~~

~~give weight to a person's experience, noninstitutional training,~~

~~and innate skills and shall be flexible enough to enable a person~~

~~with a mental or physical disability to demonstrate that the person~~

~~has the requisite knowledge and skills.~~

ARTICLE 14A

Sec. 1421. As used in this article:

(a) "Disqualifying misdemeanor" means a misdemeanor that

involves any of the following:

(i) Dishonesty or fraud.

(ii) Unauthorized divulging or selling of information or

evidence.

(iii) Impersonation of a law enforcement officer or employee of

the United States, this state, or a political subdivision of this

state.

(iv) Illegally using, carrying, or possessing a dangerous

weapon.

(v) Two or more alcohol-related offenses.

(vi) A controlled substance under the public health code, 1978

PA 368, MCL 333.1101 to 333.25211.

(vii) An assault.

(b) "Patrol service" means roving on foot or in a vehicle, to

provide security for property by observation, direct or indirect

intervention, or both.

under section 1431.

(d) "Private security business and security alarm act" means

the private security business and security alarm act, 1968 PA 330,

MCL 338.1051 to 338.1092.

(e) "Security alarm system" means that term as defined in

section 2 of the security alarm systems act, MCL 338.2182.

(f) "Security alarm system provider" means a system provider

as that term is defined in section 2 of the security alarm systems

act, MCL 338.2182.

(g) "Security alarm systems act" means the security alarm

systems act, 2012 PA 580, MCL 338.2181 to 338.2187.

(h) "Security guard" means an individual who provides

protection for property on the premises of another as an agent or

employee of a security guard agency. The term includes an

individual engaged in patrol service.

(i) "Security guard agency" means a person, other than a

person described in section 1423(1), that is engaged in the

business of arranging for or providing any of the following:

(i) Security guards.

(ii) Patrol service.

Sec. 1423. (1) This article does not apply to any of the

following:

(a) A security alarm systems provider that has filed a

registration statement under the security alarm systems act.

(b) A private college security force or private security

police force that is subject to the private security business and

security alarm act.

under the professional investigator licensure act, 1965 PA 285, MCL

338.821 to 338.851.

(2) If a license to conduct business as a security guard or

security guard agency is issued to a person under this article,

that licensee is not required to obtain any other license to

conduct the business as a security guard or security guard agency

from a municipality or political subdivision of this state.

Sec. 1425. (1) The department shall issue a license to conduct

business as a security guard agency if it is satisfied that the

applicant, if the applicant is an individual, or if it is satisfied

that the principal license holder, if the applicant is not an

individual, meets all of the following qualifications:

(a) Is at least 21 years of age.

(b) Graduated from high school or passed the general

educational development (GED) test or another graduate equivalency

examination approved by the department.

(d) Has not been convicted of either of the following:

(i) A felony.

(ii) Within the 5-year period preceding the date of

application, a disqualifying misdemeanor.

(e) If he or she served in the armed forces, was separated

from that service, and provides a form DD214 or DD215 or any other

form satisfactory to the department that demonstrates that he or

she was separated from that service, with an honorable character of

service or under honorable conditions (general) character of

service.

(f) Meets any of the following:

(i) Was lawfully engaged in business as a security guard agency

in another state for a period of at least 3 years.

(ii) Was lawfully engaged as a security guard for a security

guard agency for at least 4 years and has at least 4 years of

experience supervising security guards.

(iii) Was lawfully engaged in law enforcement employment as a

certified police officer on a full-time basis for at least 4 years

for a city, county, or state government or for the United States

government.

(iv) Is a graduate with a baccalaureate degree or its

equivalent in the field of police administration, criminal justice,

or industrial security from an accredited college or university;

and for a period of 2 years on a full-time basis was an employee of

a security guard agency or was engaged on his or her own account as

a security administrator or loss prevention manager in private

business.

(v) Served in the armed forces; while serving in the armed

forces, acted as a military police officer or in an equivalent job

classification for at least 2 years; was separated from that

service, and provides a form DD214 or DD215 or any other form

satisfactory to the department that demonstrates that he or she was

separated from that service, with an honorable character of service

or under honorable conditions (general) character of service; and

has, and provides with his or her application an affidavit signed

by a commanding officer, supervisor, or military superior with

direct knowledge of the applicant's service that he or she has,

entry-level experience in or basic knowledge of each of the

following:

(A) Enforcing rules, regulations, and guidelines.

(B) Providing security and physical protection.

(D) Overseeing prisoners and correctional facilities.

(E) Reconnaissance and surveillance.

(g) Has provided the department the proof of insurance

required under subsection (3).

(h) Has not been adjudged insane, unless he or she has been

adjudged restored to sanity by court order.

(i) Is not subject to any outstanding warrants for his or her

arrest.

(2) An application for a license as a security guard agency

under this article must contain at least all of the following:

(a) The applicant's name and the address of the applicant's

principal place of business.

(b) If the applicant is not the security guard agency, the

security guard agency's name and the address of the security guard

agency's principal place of business.

branch offices in this state, at which the security guard agency

conducts or will conduct business.

(d) If applicable, the name of the individual designated by

the applicant or licensee as the principal license holder of the

security guard agency.

(3) The department shall not issue a license under this

article if the applicant does not provide the department with

proof, in the form of a certificate of insurance, that it has and

maintains a policy of liability insurance that is issued by an

authorized insurer, as defined in section 108 of the insurance code

of 1956, 1956 PA 218, MCL 500.108; names this state as an

additional insured; provides coverage in the amount of at least

$400,000.00 per occurrence; and requires the insurer to provide the

department with notice of cancellation of the policy at least 30

days before the effective date of the cancellation. A certificate

of insurance required under this subsection must state that the

policy meets all of these requirements.

(4) A person may bring an action on an insurance policy

described in subsection (3) in that person's own name to recover

damages suffered by reason of a wrongful act of the licensee or an

agent or employee of the licensee.

(5) If a licensee opens a branch office, the licensee must

first obtain a license for that branch office and post that license

in a conspicuous place in the branch office.

Sec. 1427. A license issued under this article is valid for 2

years.

Sec. 1429. (1) A licensee shall post its license in a

conspicuous place in the licensee's office.

(2) A licensee shall notify the department in writing of any

name or address change within 30 days after the date of the change.

Sec. 1431. (1) A licensee that is not an individual, or an

applicant that is applying for a license on behalf of a person that

is not an individual, as applicable, shall designate an individual

as the principal license holder of that licensee. Subject to

subsections (3), (4), and (5), a licensee must continuously

maintain a designated principal license holder.

(2) An individual designated as a licensee's principal license

holder is authorized to act on behalf of the licensee for purposes

of this article.

(3) If its principal license holder is no longer authorized to

act in that capacity on the licensee's behalf, or is no longer

available to act in that capacity for any reason, the licensee

shall designate a different individual, who meets the requirements

of section 1425(1), as its principal license holder and shall do

all of the following within 10 days after it makes that

designation:

(a) Provide written notice to the department that it has

designated a different individual as its principal license holder.

(b) Provide to the department the name of that individual and

any other information about that individual that is reasonably

required by the department.

(4) If a licensee designating a different individual as its

principal license holder does not comply with subsection (3), or

the department does not approve of the designation of that

individual as the licensee's principal license holder, the

department shall notify the licensee of its disapproval. Within 30

days after receiving that notification, the licensee shall

designate another individual under subsection (3) and meet the

requirements of this section for approval of that individual by the

department as its principal license holder.

(5) If a security guard agency is required to have a principal

license holder under this section, the security guard agency's

license under this article is automatically suspended during any

period of time the licensee has not designated a principal license

holder and notified the department of that designation. However, on

request, the department may permit the license to stay in force for

60 days to allow the licensee to designate a principal license

holder.

Sec. 1433. (1) A licensee shall not employ an individual that

does not meet all of the following:

(a) Meets the qualifications described in section 1425(1)(d),

(h), and (i).

(b) Meets either of the following:

(i) Is at least 18 years old and graduated from high school or

passed the general educational development (GED) test or another

graduate equivalency examination approved by the department.

(ii) Is at least 21 years old.

(2) A licensee shall maintain and keep in this state adequate

and complete personnel information on all of its employees.

(3) A licensee shall not falsely state or represent that an

individual is or has been in the licensee's employ. A licensee that

violates this subsection is subject to the penalties under article

Sec. 1435. (1) A licensee shall not allow an individual who is

convicted of a felony or a disqualifying misdemeanor while in the

employ of the licensee as a security guard to continue that

employment.

(2) Before a licensee makes an offer of employment to an

individual, or engages an individual as a contractor, to provide

services as a security guard directly to the licensee's customers,

the licensee shall perform a criminal history check on that

individual using ICHAT, or obtain an equivalent check on that

individual from his or her state or province of residence. If the

results of the ICHAT search or the results of the equivalent check

reveal that he or she has been convicted of a felony or a

disqualifying misdemeanor, the licensee shall not make an offer of

employment to, or engage, that individual to provide services as a

security guard directly to the licensee's customers.

(3) Within 180 days after the effective date of the amendatory

act that added this article, a licensee shall perform a criminal

history check using ICHAT, or obtain an equivalent check from his

or her state or province of residence, on each individual employed

or engaged by, the licensee to provide services as a security guard

directly to the licensee's customers. If the results of the ICHAT

search or the results of the equivalent check reveal that the

individual has been convicted of a felony or a disqualifying

misdemeanor, the licensee shall not continue to employ or engage

that individual.

(4) As used in this section, "ICHAT" means the internet

criminal history access tool maintained by the department of state

police.

Sec. 1437. (1) A licensee shall not wear or allow an employee

to wear a particular type of uniform and insignia that deceives or

confuses the public, or that is identical with that of a law

enforcement officer of the federal government, this state, or a

political subdivision of this state. Each uniform jacket, coat, or

shirt worn by a licensee or its employees shall have an

identification patch on each shoulder that includes the name of the

licensee. A shoulder identification patch described in this

subsection may be any color or colors, must be at least 12 square

inches in size, and may not be in the shape of a shield or any

shape that is used by any public law enforcement agency in this

state. A breast patch of any color shall be at least 4-1/2 inches

long and 1 inch high, with clearly legible lettering containing the

words "security", "security guard", or "loss prevention". Shirt

epaulets may be any color.

(2) A licensee or employee of a licensee may wear a badge or

shield as part of a security guard uniform. A badge or shield shall

not be similar in shape to that of any law enforcement officer of

the federal government, this state, or a political subdivision of

this state. A badge or shield may contain the flag of the United

States of America or the scale of justice. A uniform may include

designations of rank, emblems, or other garnishments that may be

any color, except that they shall not bear the seal of the state of

Michigan.

(3) If a licensee considers alternative apparel to be more

appropriate for a location or event, the licensee may authorize

either of the following in place of a uniform described in this

section:

(a) Dress slacks and shirt with a blazer. The blazer must bear

an emblem or a crest on the left breast that includes the full name

of the licensee. The emblem or crest may be any color.

(b) Dress slacks with a button-down polo shirt. The shirt must

bear an emblem or a crest on the left breast that includes the full

name of the licensee. The polo shirt may include lettering on the

back with the words "security" or "loss prevention".

(4) In inclement weather, a licensee or employee may wear a

vinyl raincoat over a uniform described in this section. A licensee

or employee may wear a uniform hat or cap with the uniform. The hat

or cap may bear an emblem that does not include the state of

Michigan seal.

(5) A licensee shall not wear or allow an employee to wear a

uniform, badge, or insignia described in this section, except in

the performance of his or her duties as a security guard or while

commuting directly to or from his or her place or places of

employment.

Sec. 1439. (1) A licensee that employs or engages an

individual to provide services as a security guard directly to the

licensee's customers shall ensure that all of the following are

met:

(a) Before he or she acts as a security guard without direct

supervision, the individual completes at least 16 hours of on-the-

job, site-specific training under the immediate supervision of an

experienced supervisor.

(b) In the first 90 days of his or her employment, the

individual completes at least 16 hours of classroom training

selected by the licensee.

weapon or restraint device while on duty, he or she completes the

following required training:

(i) For an aerosol spray or conducted energy device, any

manufacturer-authorized certification in the use of the device for

security or law enforcement personnel. The licensee shall ensure

that the individual maintains that certification at all times while

he or she is employed or engaged by the licensee to provide

services as a security guard.

(ii) For a tactical baton, 4 class hours of training selected

by the licensee.

(iii) For a restraint device, 2 class hours of training selected

by the licensee.

(iv) For a firearm, 4 hours of specialized training in the use

of a firearm for security or law enforcement personnel selected by

the licensee. In addition, the licensee shall ensure that the

individual completes an additional 4 hours of that specialized

training annually.

(d) Every 2 years, the individual completes at least 4 hours

of continuing classroom training in the subjects described in

subsection (2)(a) to (c); in the use of a tactical baton if the

licensee has authorized him or her to use a tactical baton while on

duty; and in the use of a restraint device if the licensee has

authorized him or her to use a restraint device while on duty.

(2) The classroom training described in subsection (1)(b)

shall include, but not be limited to, the following subjects:

(a) A minimum of 6 hours of company and position orientation

that includes minimum uniform requirements and appearance; limits

of authority and employment; legal aspects of the use of force and

the power to arrest; persons or authorities to be contacted in

emergencies or unusual occurrences; licensee or parent company

structure that affects guards' duties; guard courtesy and public

demeanor; and report writing.

(b) A minimum of 8 hours involving defensive tactics that

include self-defense; correct use of a restraint device if the

licensee has or intends to authorize him or her to use a restraint

device while on duty; pressure point training; detection of

substance abuse and mental illness; and verbal and sensitivity

training.

includes the general responsibilities pertaining to medical

emergencies and response; first aid and cardiopulmonary

resuscitation, and foreign body obstruction of the airway; crowd

control; exposure to bodily fluid; fire prevention and safety; bomb

threats; searches; weather emergencies; chemical spills, leaks, and

related waste; and evacuation procedures.

(3) A licensee shall prepare and retain a record of an

individual's completion of the training described in this section

and make that record available to the department on request.

Sec. 1441. A licensee shall not use any designation or trade

name that implies any association with any municipal, county, or

state government, with the federal government, or with an agency of

the federal government.

Sec. 1443. (1) This article does not impair or affect any act

done, offense committed, or right accruing, accrued, or acquired or

any penalty, forfeiture, or punishment incurred before the

effective date of this act.

(2) A license that was issued under the private security

business and security alarm act and is currently in effect on the

date of the amendatory act that added this article shall remain in

effect for the time period for which that license would have

remained in effect if this article had not been enacted; and that

licensee is not required to obtain a license under this article to

conduct business as a security guard agency during that time

period.

(3) R 28.4001 to R 28.4007 of the Michigan administrative code

are rescinded.

Sec. 2404b. (1) Beginning June 1, 2008, an applicant for

initial licensure either as a residential builder or as a

residential maintenance and alteration contractor must successfully

complete the prelicensure course of study requirements under this

subsection to obtain a license unless he or she is exempt from

those requirements under this section. All of the following apply

for purposes of this subsection:

(a) If an individual who holds a residential builder or a

residential maintenance and alteration contractor license, or an

individual who held a license as a qualifying officer of a licensed

residential builder or residential maintenance and alteration

contractor, on June 1, 2008 is renewing a license, he or she is

exempt from the requirement of successfully completing prelicensure

courses described in this subsection.

(b) If an individual is applying for a license or relicensure

as a residential builder or residential maintenance and alteration

contractor, he or she is exempt from the requirement of

successfully completing prelicensure courses described in this

subsection if all of the following are met:

(i) His or her application is submitted before the expiration

of the 18-month period beginning on the effective date of the

amendatory act that added this subdivision. This subdivision does

not apply to applications that are submitted after that 18-month

period.

(ii) He or she held an individual license as a residential

builder or residential maintenance and alteration contractor, or

held a license as a qualifying officer of a licensed residential

builder or residential maintenance and alteration contractor, at

any time within the 9-year period preceding his or her application.

an applicant shall not receive an initial license under this act

unless he or she successfully completed 60 hours of approved

prelicensure courses that include at least 6 hours of courses in

each of the following areas of competency:

(i) Business management, estimating, and job costing.

(ii) Design and building science.

(iii) Contracts, liability, and risk management.

(iv) Marketing and sales.

(v) Project management and scheduling.

(vi) The current Michigan residential code.

(vii) Construction safety standards promulgated under the

Michigan occupational safety and health act, 1974 PA 154, MCL

408.1001 to 408.1094.

(2) All of the following apply to an individual license under

this article, as applicable:

(a) Subject to subdivision (b), if the individual licensee

obtained his or her initial license as a residential builder or a

residential maintenance and alteration contractor on or after

January 1, 2009, he or she must successfully complete at least 21

hours of activities that demonstrate continuing competence in each

3-year license cycle, including both of the following:

(i) At least 3 hours of activities that demonstrate continuing

competency in each calendar year, during the first 6 calendar years

of licensure.

(ii) At least 3 hours of activities designed to develop a

licensee's understanding and ability to apply state building codes

and laws relating to the licensed occupation, safety, and changes

in construction and business management laws.

(b) If an individual licensee described in subdivision (a) was

exempt from the prelicensure course requirements of subsection (1)

under subsection (1)(b) when he or she obtained his or her initial

license as a residential builder or residential maintenance and

alteration contractor, the hours of activities that he or she must

complete in the first year of his or her first 3-year license cycle

under subdivision (a) must include successful completion of at

least 1 hour of codes, 1 hour of safety, and 1 hour of legal issues

described in this subsection.

residential builder or residential maintenance and alteration

contractor, or held a license as a qualifying officer of a licensed

residential builder or residential maintenance and alteration

contractor, before January 1, 2009, he or she has held a license

for not more than two 3-year license cycles, and the department has

not taken disciplinary action against him or her for a violation of

this act or a rule promulgated under this act, he or she must

successfully complete at least 3 hours of activities that

demonstrate continuing competency in each 3-year license cycle that

includes at least 1 hour of codes, 1 hour of safety, and 1 hour of

legal issues described in this subsection.

(d) If the licensee has held a license for more than two 3-

year license cycles, and the department has not taken disciplinary

action against him or her for a violation of this act or a rule

promulgated under this act, he or she must successfully complete at

least 3 hours of activities demonstrating continuing competency in

each license cycle that includes 1 hour of codes, 1 hour of safety,

and 1 hour of legal issues as described in this subsection.

(3) In addition to the requirements of subsection (2), if the

department has taken disciplinary action against a licensee for a

violation of this act or a rule promulgated under this act, the

licensee must successfully complete, during the next complete

license cycle, at least 3 and not more than 21 hours of activities

that demonstrate the development of continuing competency during

that next license cycle as determined appropriate by order of the

department. At least 3 hours of the continuing competency must

include 1 hour of codes, 1 hour of safety, and 1 hour of legal

issues as described in subsection (2).

(4) Any construction code update courses approved by the

bureau of construction codes and any fire safety or workplace

safety courses approved or sponsored by the department are also

considered appropriate for fulfilling the continuing competency

requirements of this section. The department may, by rule, amend,

supplement, update, substitute, or determine equivalency regarding

any courses or alternate activities for developing continuing

competency described in this section.

(5) The subject matter of the prelicensure and continuing

competency activities required under this section may be offered by

a high school, an intermediate school district, a community

college, a university, the bureau of construction codes, the

Michigan occupational safety and health administration, a trade

association, or any other proprietary school that is licensed by

the department.

(6) The department shall promulgate rules to provide for the

following:

(a) Requirements other than those listed in subsection (4) for

determining that a course meets the minimum criteria for developing

and maintaining continuing competency.

(b) Requirements for acceptable courses offered at seminars

and conventions by trade associations, research institutes, risk

management entities, manufacturers, suppliers, governmental

agencies other than those named in subsection (4), consulting

agencies, or other entities.

(d) Alternate forms of continuing competency, including

comprehensive testing, participation in mentoring programs,

research, participation in code hearings conducted by the

international code council, and publication of articles in trade

journals or regional magazines as an expert in the field. The

alternate forms shall be designed to maintain and improve the

licensee's ability to perform the occupation with competence and

shall prescribe proofs that are necessary to demonstrate that the

licensee has fulfilled the requirements of continuing competency.

(7) Each licensee may select approved courses in his or her

subject matter area or specialty. A licensee's service as a

lecturer or discussion leader in an approved course shall count

toward his or her continuing competency requirements under this

section. Alternate forms of continuing competency may be earned and

documented as promulgated in rules by the department.

(8) The department may audit a predetermined percentage of

licensees who renew in a year for compliance with the requirements

of this section. Failure to comply with the audit or the

requirements shall result in the investigation of a complaint

initiated by the department, and the licensee is subject to the

penalties prescribed in this act.

(9) Before the effective date of the amendatory act that added

subsection (10), a licensed residential builder or residential

alteration and maintenance contractor may apply for inactive status

by completing an application, made available by the department, in

which he or she declares that he or she is no longer actively

engaged in the practice authorized by his or her license and

temporarily intends to suspend activity authorized by his or her

license. If a completed application is submitted, the department

shall designate the licensee as inactive and note that status on

records available to the public. A licensee who is designated as

inactive must have a current copy of the Michigan residential code

and is exempt from the continuing competency requirements imposed

under this section, but must still pay the per-year license fee. An

inactive licensee may activate his or her license by submitting an

application to the department requesting activation of the license.

If the department activates an inactive license, the licensee must

complete at least 1 credit hour of activities that demonstrate

continuing competency for that calendar year.

(10) An individual licensee who applied for and was designated

inactive under subsection (9) before the effective date of this

subsection may remain in inactive status after that effective date

by complying with the requirements of subsection (9). A licensee

who remains in inactive status after the effective date of this

subsection is exempt from the continuing competency requirements of

this section while he or she remains in inactive status. A licensee

may activate his or her license by submitting an application to the

department requesting activation of the license. If his or her

license is activated, the licensee must complete at least 1 credit

hour of activities that demonstrate continuing competency for that

calendar year.

(11) Subject to subsection (13), an applicant for initial

licensure as a residential builder or residential maintenance and

alteration contractor is exempt from the requirements of subsection

(1) if he or she meets all of the following:

(a) Served in the armed forces.

(b) While serving in the armed forces, was engaged in the

erection, construction, replacement, repair, alteration, or

demolition of buildings or other structures.

provides to the department a form DD214, form DD215, or any other

form that is satisfactory to the department that demonstrates that

he or she was separated from that service, with an honorable

character of service or under honorable conditions (general)

character of service.

(d) Has, and provides with his or her application an affidavit

signed by a commanding officer, supervisor, or military superior

with direct knowledge of the applicant's service that he or she

has, entry-level experience in or basic knowledge of each of the

areas of competency described in subsection (1)(a) to (g).

(12) If an applicant who otherwise meets the requirements of

subsection (11) does not have entry-level experience in or basic

knowledge of each of the areas of competency described in

subsection (1)(a) to (g), he or she may provide with his or her

application an affidavit signed by a commanding officer,

supervisor, or military superior with direct knowledge of the

applicant's service that states in which of those areas of

competency the applicant has entry-level experience or basic

knowledge, and the department may in its discretion grant the

applicant credit toward the 60-hour prelicensure education

requirement of subsection (1) based on that experience or

knowledge.

(13) If an applicant for initial licensure as a residential

builder or residential maintenance and alteration contractor

described in subsection (11) does not pass the examination for that

license the first time he or she takes the examination, that

applicant may not retake the examination until he or she

successfully completes a prelicensure course of study described in

subsection (1).

~~(14) As used in the section, "armed forces" means that term as~~

~~defined in section 2 of the veteran right to employment services~~

~~act, 1994 PA 39, MCL 35.1092.~~

Enacting section 1. Section 517 of the occupational code, 1980

PA 299, MCL 339.517, is repealed.

Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 3. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) Senate Bill No. 984.

(b) Senate Bill No. 985.