Bill Text: MI SB1011 | 2015-2016 | 98th Legislature | Engrossed


Bill Title: Occupations; licensing fees; certain occupations related to residential construction; revise fees and distribution of fee proceeds. Amends sec. 39 of 1979 PA 152 (MCL 338.2239). TIE BAR WITH: SB 1012'16

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-12-08 - Referred To Committee On Regulatory Reform [SB1011 Detail]

Download: Michigan-2015-SB1011-Engrossed.html

SB-1011, As Passed Senate, December 8, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1011

 

 

June 1, 2016, Introduced by Senator O'BRIEN 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 2012 PA 308.

 

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

7

 

(b)

Examination fees:

8

 

(i)

Complete builder or maintenance and

9

 

 

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

10

 

(ii)

Law and rules portion.....................    30.00


1

 

(iii)

Practice or trades portion................    30.00

2

 

(iv)

Salesperson examination...................    30.00

3

 

(c)

Examination review........................    20.00

4

 

(d)

License fee only for the first license

5

 

 

cycle of an initial or renewal licensee

6

 

 

following the effective date of the

7

 

 

amendatory act that added subsection (2),

8

 

 

beginning after June 1, 2008,

9

 

 

per year .................................    60.00

10

 

(e)

License fee, per year.....................    50.00

 

 

11        (2) The builder enforcement fund is created in the state

 

12  treasury. All of the following apply to the builder enforcement

 

13  fund:

 

14        (a) The department shall administer the fund and is the

 

15  administrator of the fund for auditing purposes.

 

16        (b) A The department shall make a 1-time-only $30.00

 

17  allocation from a each license fee received by the department

 

18  under subsection (1)(d) during a single 3-year license cycle

 

19  shall be deposited and deposit that money into the builder

 

20  enforcement fund. The However, the department shall make the only

 

21  one $30.00 allocation only once per licensee.

 

22        (c) Five dollars of the $50.00 license fee paid under

 

23  subsection (1)(e) shall be deposited into allocated to the

 

24  builder enforcement fund. If However, if on December 1 of any

 

25  calendar year the department determines that the balance in the

 

26  builder enforcement fund is more than $3,000,000.00, the

 

27  department shall not make the $5.00 allocation to the builder


 

 1  enforcement fund from the any $50.00 renewal fee described in

 

 2  subsection (1)(e) that is due after January 1 of the following

 

 3  year. shall not be made. If on any subsequent December 1 the

 

 4  department determines that the balance in the fund is less than

 

 5  $750,000.00, the department shall resume making the $5.00

 

 6  allocation shall resume for any renewal fee due after January 1

 

 7  of the following year.

 

 8        (d) The department shall utilize expend money appropriated

 

 9  from the builder enforcement fund only as follows:

 

10        (i) Fifty percent of the amount appropriated for the

 

11  enforcement of article 24 of the occupational code, MCL 339.2401

 

12  to 339.2412, regarding unlicensed activity as further described

 

13  in section 601(1) and (2) of the occupational code, MCL 339.601,

 

14  and to reimburse the attorney general for the reasonable cost of

 

15  services provided to the department and for expenses incurred in

 

16  prosecutions of unlicensed activity or prosecuting attorney for

 

17  expenses incurred in conducting prosecutions of unlicensed

 

18  practice.

 

19        (ii) Fifty percent of the amount appropriated to issue grants

 

20  to a statewide residential building and trade association for

 

21  workforce development and outreach programs related to the

 

22  residential building industry.

 

23        (e) The state treasurer shall direct the investment of the

 

24  fund and shall credit to the fund interest and earnings from fund

 

25  investments.

 

26        (f) Money in the fund at the close of the fiscal year shall

 

27  remain in the fund and shall not lapse to the general fund.


 

 1        Enacting section 1. This amendatory act takes effect 90 days

 

 2  after the date it is enacted into law.

 

 3        Enacting section 2. This amendatory act does not take effect

 

 4  unless Senate Bill No. 1012                                   

 

 5            of the 98th Legislature is enacted into law.

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