May 1, 2003, Introduced by Senators BRATER, SCOTT, JACOBS, BERNERO and LELAND and referred to the Committee on Appropriations.
A bill to amend 1979 PA 152, entitled
"State license fee act,"
by amending sections 3, 37, and 38 (MCL 338.2203, 338.2237, and
338.2238), section 3 as amended by 1993 PA 139, section 37 as
amended by 2002 PA 633, and section 38 as amended by 1999 PA 171;
and to repeal acts and parts of acts.
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 the fees collected pursuant to this act shall be credited to the
5 general fund of the state.
6 (3) The license and registration fees set forth in sections
7 11, 13, 15, 17, 21, 23, 25, 27, 29, 31, 37, 38, 39, 43, 49, and
8 62 apply until September 30, 2003. Beginning October 1, 2003,
1 the amount of those fees paid to the department in any fiscal
2 year shall be established by a fee schedule contained in an
3 appropriation act for that fiscal year.
4 Sec. 37. (1)
Fees for a person licensed or seeking
5 licensure as a real
estate broker, associate broker, salesperson,
6 or branch office or
seeking other licenses or approvals issued
7 under article 25 of
the occupational code, MCL 339.2501 to
8 339.2518, are as
follows:
9 (a) Application
processing fees:
10 (i) Brokers and associate brokers.......................$
20.00
11 (ii) Salespersons.......................................
10.00
12 (iii) Branch office.....................................
10.00
13 (b) License fees,
per year:
14 (i) Brokers and associate
brokers...................... 36.00
15 (ii) Salespersons......................................
26.00
16 (c) Branch office
fee, per year......................... 10.00
17 (d) Sale of
out of state property:
18 (i) Application to
sell.................................$ 20.00
19 (ii) Property registration..............................
500.00
1 (iii) Renewal of approval to sell.......................
20.00
2 (2) A fee shall
not be required for the registration of
3 property approved
under the land sales act, 1972 PA 286, MCL
4 565.801 to 565.835.
5 (1) (3) The
real estate education fund is established in
6 the state treasury and shall be administered by the department.
7 Fifteen Five dollars of each license fee received by
the
8 department under
subsection (1)(b) during that 3-year license
9 cycle each fiscal year shall be deposited with the
state
10 treasurer to the credit of the real estate education fund. The
11 department shall utilize the real estate education fund only for
12 the operation of departmental programs related to education
13 required of all licensees or applicants for licensure under
14 article 25 of the occupational code, MCL 339.2501 to 339.2518.
15 Any unexpended balance in the real estate education fund at the
16 end of a fiscal year shall carry forward to the next fiscal
17 year.
18 (2) (4) The
real estate enforcement fund is created in the
19 state treasury and shall be administered by the department.
20 Beginning the license
cycle after the effective date of the
21 amendatory act that
added this subsection, $15.00 October
1,
22 2003, $5.00 of each
license fee received by the department under
23 subsection (1)(b) during that 3-year license cycle fiscal
year
24 and each succeeding fiscal year shall be deposited into the real
25 estate enforcement fund. The department shall utilize the real
26 estate enforcement fund only for the enforcement of article 25 of
27 the occupational code, MCL 339.2501 to 339.2518, regarding
1 unlicensed activity as further described in section 601(1) and
2 (2) of the occupational code, MCL 339.601, and to reimburse the
3 attorney general for expenses incurred in conducting prosecutions
4 of such unlicensed practice. Any unexpended balance in the real
5 estate enforcement fund at the end of a fiscal year shall carry
6 forward to the next fiscal year.
7 Sec. 38. (1)
Fees for an individual licensed or seeking
8 licensure as a state
licensed real estate appraiser, certified
9 general real estate
appraiser, certified residential real estate
10 appraiser, or a
limited real estate appraiser under article 26 of
11 the occupational code,
MCL 339.2601 to 339.2637, are as follows:
12 (a) Application
processing fees:
13 (i) Certified general real estate appraiser............
$ 25.00
14 (ii) Certified residential real estate appraiser....... $
25.00
15 (iii) State licensed real estate appraiser............. $
25.00
16 (iv) Limited real estate appraiser..................... $
25.00
17 (b) Examination
fees, if the department conducts its own
18 examination:
19 (i) Certified general real estate appraiser............
$100.00
20 (ii) Certified residential real estate appraiser.......
$100.00
21 (iii) State licensed real estate appraiser.............
$100.00
1 (c) License fee, per
year:
2 (i) Certified general real estate appraiser............
$175.00
3 (ii) Certified residential real estate appraiser.......
$175.00
4 (iii) State licensed real estate appraiser.............
$175.00
5 (iv) Limited real estate appraiser.....................
$125.00
6 (d) Temporary permit
fee............................... $125.00
7 (2) The license
fee includes a fee imposed by the federal
8 government under
sections 1113 and 1114 of title XI of the
9 financial institutions
reform, recovery, and enforcement act of
10 1989, Public Law
101-73, 12 U.S.C. 3331 to 3351, for certified
11 general real estate
appraisers, certified residential real estate
12 appraisers, and state
licensed real estate appraisers, which
13 shall not exceed
$50.00 per licensee and which the department
14 shall collect and pay
to the federal government pursuant to
15 section 2637 of the
occupational code, MCL 339.2637.
16 (3) The real estate appraiser education fund is
established
17 in the state treasury and shall be administered by the
18 department. Ten dollars
of each fee received under subsection
19 (1)(c) shall be deposited with the state treasurer to the
credit
20 of the real estate appraiser education fund. The department
21 shall utilize the real estate appraiser education fund only for
1 the operation of departmental programs related to the education
2 required of all licensees or applicants for licensure under
3 article 26 of the occupational code, MCL 339.2601 to 339.2637.
4 Any unexpended balance in the real estate appraiser education
5 fund at the end of a fiscal year shall carry forward to the next
6 fiscal year.
7 Enacting section 1. Sections 11, 13, 15, 17, 21, 23, 25,
8 27, 29, 31, 39, 43, 49, and 62 of the state license fee act, 1979
9 PA 152, MCL 338.2211, 338.2213, 338.2215, 338.2217, 338.2221,
10 338.2223, 338.2225, 338.2227, 338.2229, 338.2231, 338.2239,
11 338.2243, 338.2249, and 338.2262, are repealed effective October
12 1, 2003.
13 Enacting section 2. This amendatory act does not take
14 effect unless Senate Bill No. _____ or House Bill No. _____
15 (request no. 03206'03 a) of the 92nd Legislature is enacted into
16 law.