Bill Text: MI HB5326 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Occupations; licensing fees; certain occupations related to residential construction; eliminate license fees. Amends sec. 39 of 1979 PA 152 (MCL 338.2239). TIE BAR WITH: HB 5325'12
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-02-01 - Printed Bill Filed 02/01/2012 [HB5326 Detail]
Download: Michigan-2011-HB5326-Introduced.html
HOUSE BILL No. 5326
January 31, 2012, Introduced by Reps. Franz and Cotter and referred to the Committee on Regulatory Reform.
A bill to amend 1979 PA 152, entitled
"State license fee act,"
by amending section 39 (MCL 338.2239), as amended by 2007 PA 158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 39. (1) Fees for a person licensed or seeking licensure
2 as a residential builder or residential maintenance and
3 alteration contractor, salesperson, or branch office under
4 article 24 of the occupational code, MCL 339.2401 to 339.2412,
5 are as follows:
6 (a) Application processing fee................ $ 15.00
1 (b) Examination fees:
2 (i) Complete builder or maintenance and
3 alteration
contractor examination......... 50.00
4 (ii) Law and rules portion..................... 30.00
5 (iii) Practice or trades portion................ 30.00
6 (iv) Salesperson examination...................
30.00
7 (c) Examination review........................ 20.00
8 (d) License fee only for the first license
9 cycle of an initial or renewal licensee
10 following
the effective date of the
11 amendatory
act that added subsection (2) June
1, 2008,
12 per year ................................. 60.00
13 (e) License fee, per year..................... 50.00
14 (2) The builder enforcement fund is created in the state
15 treasury. and shall be administered by the department. All of the
16 following apply to the builder enforcement fund:
17
(a) The department shall be administer the fund and is the
18 administrator of the fund for audit purposes. A
19 (b) The department shall make a 1-time-only $30.00
20 allocation from a each
license fee received by the department
21 under subsection (1)(d) during a single 3-year license cycle
22 shall be deposited and
deposit that money into the builder
23 enforcement fund. The However, the department shall make the only
24
1 $30.00 allocation only once per
licensee. In the case of the
25 (c) If a $50.00 license fee is paid under subsection (1)(e),
26
the department shall allocate $5.00 of
that $50.00 fee shall be
27 allocated to the builder
enforcement fund. If However,
if on
28 December 1 of any year following the calendar year 2010, the
1 department determines that the balance in the builder enforcement
2 fund is more than $3,000,000.00, the department shall not make
3
the $5.00 allocation to the builder
enforcement fund described in
4
this subdivision from the $50.00 any renewal
fee described in
5 subsection (1)(e) due after January 1 of the following year.
6 shall not be made. If on
any subsequent December 1 the department
7 determines that the balance in the fund is less than $750,000.00,
8 the department shall
resume making the $5.00 allocation shall
9 resume for any renewal fee
due after January 1 of the following
10 year.
11 (d) Notwithstanding section 3, the department shall utilize
12
money in the builder enforcement fund
only for the enforcement of
13 article 24 of the occupational code, MCL 339.2401 to 339.2412,
14 regarding unlicensed activity as further described in section
15 601(1) and (2) of the occupational code, MCL 339.601, and to
16 reimburse the attorney general for the reasonable cost of
17 services provided to the department and for expenses incurred in
18 prosecutions for such unlicensed practice related to unlicensed
19 activity described in this subdivision or reimburse a prosecuting
20 attorney for expenses incurred in conducting prosecutions of such
21 unlicensed practice a
prosecution.
22 (e) The state treasurer shall direct the investment of the
23 fund and shall credit to the fund interest and earnings from fund
24 investments.
25
(f) Any unexpended balance money in
the builder enforcement
26 fund at the end of a fiscal year shall carry forward to the next
27 fiscal year close of
the fiscal year shall remain in the fund and
1 shall not lapse to the general fund.
2 Enacting section 1. This amendatory act does not take effect
3 unless Senate Bill No.____ or House Bill No. 5325(request no.
4 00669'11) of the 96th Legislature is enacted into law.
