SENATE BILL No. 339

 

 

April 27, 2017, 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 alteration

 

 3  contractor, salesperson, or branch office under article 24 of the

 

 4  occupational code, MCL 339.2401 to 339.2412, are as follows:

 

 

 5

 

(a)

Application processing fee................  $ 15.00

 6

 

(b)

Examination fees:

 7

 

(i)

Complete builder or maintenance and

 8

 

 

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

 9

 

(ii)

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

10

 

(iii)

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


 1

 

(iv)

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

 2

 

(c)

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

 3

 

(d)

License fee only for the first license

 4

 

 

cycle of an initial or renewal licensee

 5

 

 

following the effective date of the

 6

 

 

amendatory act that added subsection (2),

 7

 

 

beginning after June 1, 2008,

 8

 

 

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

 9

 

(e)

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

 

 

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

 

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

 

12  fund:

 

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

 

14  administrator of the fund for auditing purposes.

 

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

 

16  allocation from a each license fee received by the department under

 

17  subsection (1)(d) during a single 3-year license cycle shall be

 

18  deposited and deposit that money into the builder enforcement fund.

 

19  The However, the department shall make the only one $30.00

 

20  allocation only once per licensee.

 

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

 

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

 

23  enforcement fund. If However, if on December 1 of any calendar year

 

24  the department determines that the balance in the builder

 

25  enforcement fund is more than $3,000,000.00, the department shall

 

26  not make the $5.00 allocation to the builder enforcement fund from

 

27  the any $50.00 renewal fee described in subsection (1)(e) that is


 1  due after January 1 of the following year. shall not be made. If on

 

 2  any subsequent December 1 the department determines that the

 

 3  balance in the fund is less than $750,000.00, the department shall

 

 4  resume making the $5.00 allocation shall resume for any renewal fee

 

 5  due after January 1 of the following year.

 

 6        (d) The department shall utilize expend money appropriated

 

 7  from the builder enforcement fund only as follows:

 

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

 

 9  enforcement of article 24 of the occupational code, MCL 339.2401 to

 

10  339.2412, regarding unlicensed activity as further described in

 

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

 

12  to reimburse the attorney general for the reasonable cost of

 

13  services provided to the department and for expenses incurred in

 

14  prosecutions of unlicensed activity or prosecuting attorney for

 

15  expenses incurred in conducting prosecutions of unlicensed

 

16  practice.

 

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

 

18  to a statewide residential building and trade association for

 

19  workforce development and outreach programs related to the

 

20  residential building industry.

 

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

 

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

 

23  investments.

 

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

 

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

 

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

 

27  after the date it is enacted into law.


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

 

 2  unless Senate Bill No. 340                                    

 

 3            of the 99th Legislature is enacted into law.