SB 631, As Concurred Senate

SB-0631, As Passed Senate, December 15, 2006

SUBSTITUTE FOR

SENATE BILL NO. 631

(As amended December 14, 2006)

A bill to amend 1979 PA 152, entitled

"State license fee act,"

by amending sections 3 and 39 (MCL 338.2203 and 338.2239),

section 3 as amended by 1993 PA 139 and section 39 as amended by

2003 PA 87.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. (1) The fees prescribed by this act shall be used

2 only to offset the cost of operating the department.

3 (2) Except as otherwise provided in [~~sections 37, 38, and~~ 51

4 this act], the fees collected pursuant to this act shall be credited to

5 the general fund of the state.

6 Sec. 39. (1) Fees for a person licensed or seeking licensure

7 as a residential builder or residential maintenance and

1 alteration contractor, salesperson, or branch office under

2 article 24 of the occupational code, MCL 339.2401 to 339.2412,

3 are as follows:

4 (a) Application processing fee............. $15.00

5 (b) Examination fees:

6 (i) Complete builder or maintenance and

7 alteration contractor examination............... 50.00

8 (ii) Law and rules portion.................. 30.00

9 (iii) Practice or trades portion............ 30.00

10 (iv) Salesperson examination................ 30.00

11 (c) Examination review..................... 20.00

12 (d) License fee only for the first

13 license cycle following the effective date of

14 the amendatory act that added subsection (3),

15 per year ~~as follows:~~............................ 60.00

16 (i~~) If paid through~~ ~~September 30, 2003~~ or

17 ~~after~~ ~~September 30, 2007........................~~ ~~30.00~~

18 (ii~~) Beginning~~ ~~October 1, 2003~~ ~~through~~

19 ~~September 30, 2007...............................~~ ~~40.00~~

20 (e) License fee, per year.................. 50.00

21 (f) Code book fee, per license cycle....... 65.00 or the

22 cost to the

23 department

24 to provide

25 the code

26 book

27 (2) The per license cycle fee described in subsection

28 (1)(f) shall be allocated for providing either a residential code

29 book or a Michigan building code book. The applicant for an

1 initial or renewal license shall choose the desired code book at

2 the time of application.

3 (3) The builder enforcement fund is created in the state

4 treasury and shall be administered by the department. A 1-time-

5 only $30.00 allocation from a license fee received by the

6 department under subsection (1)(d) during a single 3-year license

7 cycle shall be deposited into the builder enforcement fund. The

8 department shall make the $30.00 allocation only once per

9 licensee. The department shall utilize the builder enforcement

10 fund only for the enforcement of article 24 of the occupational

11 code, MCL 339.2401 to 339.2412, regarding unlicensed activity as

12 further described in section 601(1) and (2) of the occupational

13 code, MCL 339.601, and to reimburse the attorney general or

14 prosecuting attorney for expenses incurred in conducting

15 prosecutions of such unlicensed practice. Any unexpended balance

16 in the builder enforcement fund at the end of a fiscal year shall

17 carry forward to the next fiscal year.

18 (4) A person licensed as a residential builder or a

19 residential maintenance and alteration contractor under article

20 24 of the occupational code, MCL 339.2401 to 339.2412, as an

21 individual and in the capacity of a qualifying officer, or who is

22 licensed as a qualifying officer more than once, is only

23 obligated to pay the code book fee once per license cycle.

24 Enacting section 1. This amendatory act does not take

25 effect unless all of the following bills of the 93rd Legislature

26 are enacted into law:

27 (a) Senate Bill No. 632.