June 22, 2005, Introduced by Senators CASSIS, BASHAM, BARCIA, THOMAS, BISHOP, LELAND, CHERRY, EMERSON, TOY and BIRKHOLZ and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
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:
Sec. 3. (1) The fees prescribed by this act shall be used only
to offset the cost of operating the department.
(2)
Except as otherwise provided in sections 37, 38, and 51
39, the fees collected pursuant to this act shall be credited to
the general fund of the state.
Sec. 39. (1) Fees for a person licensed or seeking licensure
as a residential builder or residential maintenance and alteration
contractor, salesperson, or branch office under article 24 of the
occupational code, MCL 339.2401 to 339.2412, are as follows:
(a) Application processing fee........................... $15.00
(b) Examination fees:
(i) Complete builder or maintenance and
alteration contractor examination............................. 50.00
(ii) Law and rules portion................................ 30.00
(iii) Practice or trades portion........................... 30.00
(iv) Salesperson examination.............................. 30.00
(c) Examination review................................... 20.00
(d)
License fee, per year as follows: ................... 60.00
(e) Code book fee, per license cycle..................... 50.00
(i) If paid through September 30, 2003
or after
September 30, 2007............................................ 30.00
(ii) Beginning October 1, 2003 through September
30,
2007...................................................... 40.00
(2) The builder education fund is established in the state
treasury and shall be administered by the department. Thirty
dollars of each license fee received by the department under
subsection (1)(d) during that 3-year license cycle shall be
deposited with the state treasurer to the credit of the builder
education fund. The department shall utilize the builder education
fund only for the operation of departmental programs related to
education required of all licensees or applicants for licensure
under article 24 of the occupational code, MCL 339.2401 to
339.2412. Any unexpended balance in the builder education fund at
the end of a fiscal year shall carry forward to the next fiscal
year.
(3) The builder enforcement fund is created in the state
treasury and shall be administered by the department. Thirty
dollars of each license fee received by the department under
subsection (1)(d) during that 3-year license cycle shall be
deposited into the builder enforcement fund. The department shall
utilize the builder enforcement fund only for the enforcement of
article 24 of the occupational code, MCL 339.2401 to 339.2412,
regarding unlicensed activity as further described in section
601(1) and (2) of the occupational code, MCL 339.601, and to
reimburse the attorney general for expenses incurred in conducting
prosecutions of such unlicensed practice. Any unexpended balance in
the builder enforcement fund at the end of a fiscal year shall
carry forward to the next fiscal year.
(4) A person licensed as a residential builder or a
residential maintenance and alteration contractor under article 24
of the occupational code, MCL 339.2401 to 339.2412, as an
individual and in the capacity of a qualifying officer, or who is
licensed as a qualifying officer more than once, is only obligated
to pay the code book fee once per license cycle.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 632
of the 93rd Legislature is enacted into law.