Bill Text: MI SB0921 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Occupations; plumbers; certain veterans; revise experience requirements and waive certain license, registration, and application fees. Amends secs. 25 & 31 of 2002 PA 733 (MCL 338.3535 & 338.3541).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-01 - Referred To Committee On Veterans, Military Affairs And Homeland Security [SB0921 Detail]

Download: Michigan-2013-SB0921-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 921

 

 

May 1, 2014, Introduced by Senator PAPPAGEORGE and referred to the Committee on Veterans, Military Affairs and Homeland Security.

 

 

 

      A bill to amend 2002 PA 733, entitled

 

"State plumbing act,"

 

by amending sections 25 and 31 (MCL 338.3535 and 338.3541),

 

section 25 as amended by 2012 PA 380 and section 31 as amended by

 

2012 PA 311.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 25. (1) The department shall issue a journey plumber's

 

 2  license to an individual who is at least 18 years of age and who

 

 3  does all of the following:

 

 4        (a) Files a completed application on a form provided by the

 

 5  department.

 

 6        (b) Pays the examination fee required under section 31 and

 

 7  passes an examination provided for by the board and the

 

 8  department.

 


 1        (c) Pays the license fee required under section 31.

 

 2        (d) Meets either of the following:

 

 3        (i) Has at least 6,000 hours' experience gained over a period

 

 4  of at least 3 years as an apprentice plumber in the practical

 

 5  installation of plumbing under the supervision of a master

 

 6  plumber.

 

 7        (ii) While on active duty as a member of the armed forces,

 

 8  served as a plumber or in an equivalent job classification; was

 

 9  honorably discharged from that military service in the 1-year

 

10  period preceding the date the license application is filed;

 

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

 

12  form that is satisfactory to the department that demonstrates he

 

13  or she was separated from military service with an honorable

 

14  character of service or under honorable conditions (general)

 

15  character of service; and has, and provides with his or her

 

16  application an affidavit signed by a commanding officer,

 

17  supervisor, or military superior with direct knowledge of the

 

18  applicant's service that states that he or she has, at least

 

19  6,000 hours of entry-level experience in and basic knowledge of

 

20  each of the following:

 

21        (A) The terminology of the plumbing trade and the ability to

 

22  make practical calculations.

 

23        (B) Knowledge related to drainage systems.

 

24        (C) Knowledge related to plumbing fixtures.

 

25        (D) Knowledge related to water and backflow protection.

 

26        (E) Knowledge related to storm and special wastewater

 

27  disposal.

 


 1        (F) Knowledge related to testing and inspections of

 

 2  plumbing.

 

 3        (G) Knowledge related to venting.

 

 4        (2) If an applicant who otherwise meets the requirements of

 

 5  subsection (1)(d)(ii) has not attained 6,000 hours of entry-level

 

 6  experience or does not have basic knowledge in each of the areas

 

 7  described in subsection (1)(d)(ii)(A) to (G), he or she may

 

 8  provide with his or her application an affidavit signed by a

 

 9  commanding officer, supervisor, or military superior with direct

 

10  knowledge of the applicant's service that states the amount of

 

11  experience the applicant has attained and of which of the areas

 

12  described in subsection (1)(d)(ii)(A) to (G) the applicant has

 

13  basic knowledge, and the department may in its discretion grant

 

14  the applicant credit toward the 6,000-hour experience requirement

 

15  of subsection (1)(d)(i) based on the applicant's experience.

 

16        (3) As a condition of renewal of a journey plumber's

 

17  license, the journey plumber shall demonstrate the successful

 

18  completion of a course, approved by the board, concerning any

 

19  update or change in the code within 12 months after the update or

 

20  change in that code. This requirement applies only during or

 

21  after those years that the code is updated or changed.

 

22        (4) As used in this section and section 31, "armed forces"

 

23  means that term as defined in section 2 of the veteran right to

 

24  employment services act, 1994 PA 39, MCL 35.1092.

 

25        Sec. 31. (1) A license or apprentice registration issued

 

26  under this act must be renewed not more than 60 days after the

 

27  renewal date. It is the responsibility of a licensee or

 


 1  registrant to renew a license or registration. The department

 

 2  shall send a renewal application to the last known address of a

 

 3  licensee or registrant on file with the department. Every holder

 

 4  of a license or registration issued under this act shall promptly

 

 5  notify the department of a change in his or her business or

 

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

 

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

 

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

 

 9  issue licenses for up to 3 years in duration.

 

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)

If paid after September 30, 2015:

14

      (i)

Journey plumber...................  $  20.00.

15

      (ii)

Apprentice plumber................  $   5.00.

16

      (b)

If paid on or before September 30, 2015:

17

      (i)

Journey plumber...................  $  40.00.

18

      (ii)

Apprentice plumber................  $  15.00.

 

 

19        (3) A license or apprentice registration that is not renewed

 

20  within 60 days of expiration may be reinstated only by applying

 

21  to the board for reinstatement and the payment of the annual

 

22  renewal fee and the following reinstatement fee:

 

 

23

      (a)

If paid after September 30, 2015:

24

      (i)

Journey plumber...................  $  25.00.

25

      (ii)

Apprentice plumber................  $  10.00.

26

      (b)

If paid on or before September 30, 2015:


1

      (i)

Journey plumber...................  $  50.00.

2

      (ii)

Apprentice plumber................  $  20.00.

 

 

 3        (4) An individual who is requesting renewal of a license

 

 4  under subsection (3) within 3 years after the license is expired

 

 5  is not subject to reexamination for the license but is required

 

 6  to pay the reinstatement fee and the annual renewal fee for each

 

 7  year the license was not renewed. An individual who fails to

 

 8  renew a license for more than 3 consecutive years is required to

 

 9  meet the experience and other requirements and take an

 

10  examination for the class of license requested.

 

11        (5) Examination fees under this act are as follows:

 

 

12

      (a)

If paid after September 30, 2015:

13

      (i)

Plumbing contractor...............  $  50.00.

14

      (ii)

Master plumber....................  $  50.00.

15

      (iii)

Journey plumber...................  $  50.00.

16

      (b)

If paid on or before September 30, 2015:

17

      (i)

Plumbing contractor...............  $ 100.00.

18

      (ii)

Master plumber....................  $ 100.00.

19

      (iii)

Journey plumber...................  $ 100.00.

 

 

20        (6) The department shall issue an initial master plumber or

 

21  plumbing contractor license for a period of up to 3 years. A

 

22  master plumber or plumbing contractor license is renewable for

 

23  periods of 3 years. If an individual is applying for initial or

 

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

 

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

 

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

 


 1  on a yearly prorated basis beginning the year of application

 

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

 

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

 

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

 

 

5

      (a)

If paid after September 30, 2015:

6

      (i)

Plumbing contractor...............  $ 200.00.

7

      (ii)

Master plumber....................  $ 200.00.

8

      (b)

If paid on or before September 30, 2015:

9

      (i)

Plumbing contractor...............  $ 300.00.

10

      (ii)

Master plumber....................  $ 300.00.

 

 

11        (8) A plumbing contractor or master plumber license that is

 

12  not renewed within 60 days of expiration may be reinstated only

 

13  by applying to the board and paying the renewal fee and, if paid

 

14  after September 30, 2015, an $85.00 reinstatement fee, and

 

15  $100.00 if paid on or before September 30, 2015.

 

16        (9) The department shall issue an initial or renewal license

 

17  for a master plumber or a plumbing contractor under this act not

 

18  later than 90 days after the applicant files a completed

 

19  application. The date of filing of the application is considered

 

20  the date the application is received by any agency or department

 

21  of this state. If the application is considered incomplete by the

 

22  department, the department shall notify the applicant in writing,

 

23  or make the information electronically available to the

 

24  applicant, within 30 days after the date of filing of the

 

25  incomplete application, describing the deficiency and requesting

 

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

 


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

 

 2  date the requested information is received by the department. The

 

 3  determination of the completeness of an application does not

 

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

 

 5  does not confer eligibility of an applicant determined otherwise

 

 6  ineligible for issuance of a license.

 

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

 

 8  within the time required under this section, the department shall

 

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

 

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

 

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

 

12  does not allow the department to otherwise delay the processing

 

13  of the application, and the department shall place that

 

14  application, when completed, in sequence with other completed

 

15  applications received at that same time. The department shall not

 

16  discriminate against an applicant in the processing of the

 

17  application based on the fact that the license fee was refunded

 

18  or discounted under this subsection.

 

19        (11) The director shall submit a report by December 1 of

 

20  each year to the standing committees and appropriations

 

21  subcommittees of the senate and house of representatives

 

22  concerned with occupational issues. The director shall include

 

23  all of the following information in the report concerning the

 

24  preceding fiscal year:

 

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

 

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

 

27  described in subsection (9).

 


 1        (b) The number of applications denied by the department.

 

 2        (c) The number of applicants who were not issued a license

 

 3  within the 90-day time period and the amount of money returned to

 

 4  licensees under subsection (10).

 

 5        (12) The department shall waive any fee otherwise required

 

 6  under this section or section 35 if the person responsible for

 

 7  paying the fee meets any of the following:

 

 8        (a) If the person is an individual, he or she is, and

 

 9  provides proof satisfactory to the department that he or she is,

 

10  an honorably discharged veteran of the armed forces of the United

 

11  States.applicant is an individual who served in the armed forces

 

12  and he or she provides to the department a form DD214, form

 

13  DD215, or any other form that is satisfactory to the department

 

14  that demonstrates he or she was separated from that service with

 

15  an honorable character of service or under honorable conditions

 

16  (general) character of service.

 

17        (b) If the person is a nonprofit corporation organized on a

 

18  membership or directorship basis, a majority of the members or

 

19  directors, as applicable, are, and the person provides proof

 

20  satisfactory to the department that a majority of the members or

 

21  directors are, honorably discharged veterans of the armed forces

 

22  of the United States.

 

23        (c) If the person is not an individual or a nonprofit

 

24  corporation described in subdivision (b), a majority of the

 

25  shares or other ownership interests of the person are, and the

 

26  person provides proof satisfactory to the department that those

 

27  interests are, held by 1 or more honorably discharged veterans of

 


 1  the armed forces of the United States.

 

 2        (13) As used in this section, "completed application" means

 

 3  an application that is complete on its face and submitted with

 

 4  any applicable licensing fees and any other information, records,

 

 5  approval, security, or similar item required by law or rule from

 

 6  a local unit of government, a federal agency, or a private entity

 

 7  but not from another department or agency of this state.

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