[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6372 June 13, 1986 OCCUPATIONAL CODE: Licensure of asphalt paver RESIDENTIAL MAINTENANCE AND ALTERATION CONTRACTORS: Licensure of asphalt paver An asphalt paver is not required to be licensed under the Occupational Code as a residential maintenance and alteration contractor in order to lay asphalt upon residential or combination residential and commercial property. Honorable Lewis N. Dodak State Representative The Capitol Lansing, Michigan 48913 You have requested my opinion on the question whether an asphalt paver is required to be licensed under the Occupational Code, MCL 339.101 et seq; MSA 18.425(101) et seq. MCL 339.601(1) MSA 18.425(601)(1), provides: 'A person shall not engage in or attempt to engage in the practice of an occupation regulated under this act or use a title designated in this act unless the person possesses a license or certification of registration issued by the department [of licensing and regulation] for the occupation.' Article 24 of the Occupational Code, MCL 339.2401 et seq; MSA 18.425(2401) et seq, provides for the licensure of persons engaged in the maintenance and alteration of a residential structure or a combination of residential and commercial structure. The specific crafts and trades for which licensure is required are set forth in MCL 339.2404(3); MSA 18.425(2404)(3), which states in relevant part: 'A license shall include the following crafts and trades: carpentry; concrete; swimming pool installation; water-proofing a basement; excavation; insulation work; masonry work; painting and decorating; roofing; siding and gutters; screen or storm sash installation; tile and marble work; and house wrecking. . . .' (Emphasis added.) The question whether the predecessor statute's terminology of concrete work as a craft or trade might include asphalt pavers was discussed in People v Samuel Lee, 66 Mich App 5, 9; 238 NW2d 397 (1975). The court applied the rule of statutory construction that "express mention in a statute of one thing implies the exclusion of other similar things. Dave's Place Inc v Liquor Control Commission, 277 Mich 551; 269 NW 594 (1936); Sebewaing Industries, Inc v Sebewaing, 337 Mich 530; 60 NW2d 444 (1953)." Stowers v Wolodzko, 386 Mich 119, 133; 191 NW2d 355 (1971). The Lee court concluded that the Legislature, by specifying that concrete work be included within the statute, expressly excluded the laying of asphalt. (1) When ambiguity exists in a statute, the courts may look at the legislative history of the statute to determine the intent of the Legislature. Wayne County Republican Committee v Wayne County Board of Commissioners, 70 Mich App 620 (1976); 247 NW2d 571 (1976); Kizer v Livingston County Board of Commissioners, 38 Mich App 239; 195 NW2d 884 (1972). HB 4114, which was enacted as the Occupational Code, was originally introduced to revise, consolidate, and classify the laws regarding the regulation of certain occupations. 1 HJ 191 (1979). In its original form, HB 4114 did not specifically provide for licensure of 'asphalt work.' The House adopted a substitute (H-3) to HB 4114 to include concrete and 'asphalt work' in Sec. 2404(3) as an occupation requiring licensure. 3 HJ 2787 (1979); 3 HJ 3979 (1980). As substituted, HB 4114 was passed by the House on December 4, 1979. 3 HJ 2860 (1979). The Senate adopted a substitute (S-3) to HB 4114 which omitted the words 'and asphalt work.' 2 SJ 2470 (1980). HB 4114 was passed by the Senate without the words 'and asphalt work' on September 26, 1980. 2 SJ 2541 (1980). The House concurred in the Senate substitute (S-3) to HB 4114 on September 30, 1980. 3 HJ 2823 (1980). The Governor signed HB 4114 on October 21, 1980 and HB 4114 became the Occupational Code. This legislative history of the bill shows the manifest legislative intent that licensure not be required for asphalt work on residential or combination residential and commercial property. It is my opinion, therefore, that an asphalt paver is not required to be licensed under the Occupational Code as a residential maintenance and alteration contractor in order to lay asphalt upon residential or combination residential and commercial property. Frank J. Kelley Attorney General (1)
[ Previous Page] [ Home Page ]