Bill Text: MI SB0983 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Occupations; security guards; regulation of security guard agencies; provide for in occupational code. Amends secs. 103, 316 & 2404b of 1980 PA 299 (MCL 339.103 et seq.); adds sec. 604a & art. 14A & repeals sec. 517 of 1980 PA 299 (MCL 339.517). TIE BAR WITH: SB 0984'14, SB 0985'14, SB 0986'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-12-04 - Referred To Committee On Regulatory Reform [SB0983 Detail]
Download: Michigan-2013-SB0983-Engrossed.html
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.
(c) "Principal license holder" means an individual designated
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.
(c) A person that is licensed as a professional investigator
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.
(c) Is of good moral character.
(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.
(C) Area and site security operations.
(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.
(c) The address of each location in this state, including any
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
6.
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.
(c) Before he or she is authorized by the licensee to use a
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.
(c) A minimum of 2 hours regarding emergency preparedness that
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.
(c) Unless he or she is exempt under subdivision (a) or (b),
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.
(c) If the licensee was initially licensed as a licensed
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.
(c) Acceptable distance learning.
(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.
(c) Was separated from service in the armed forces, and
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.
(c) Senate Bill No. 986.
