2007-PA-0077.htm

Act No. 77

Public Acts of 2007

Approved by the Governor

September 30, 2007

Filed with the Secretary of State

September 30, 2007

EFFECTIVE DATE: September 30, 2007

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2007

Introduced by Rep. Meadows

ENROLLED HOUSE BILL No. 4842

AN ACT to amend 1979 PA 152, entitled "An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments," by amending sections 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), sections 3 and 37 as amended by 2006 PA 645, sections 13, 15, 17, 21, 23, 25, 27, 29, 31, 38, 39, 43, and 62 as amended by 2003 PA 87, and section 28 as added by 2006 PA 490.

The People of the State of Michigan enact:

Sec. 3. (1) Except as otherwise provided for in section 37, 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, the fees collected pursuant to this act shall be credited to the general fund of the state.

Sec. 13. (1) Fees for a person licensed or seeking licensure as an architect under article 20 of the occupational code, MCL 339.2001 to 339.2014, are as follows:

(a) Application processing $30.00

(b) Supplemental application processing 20.00

(2) Fees for a person licensed or seeking licensure as a professional engineer under article 20 of the occupational code, MCL 339.2001 to 339.2014, are as follows:

(a) Application processing fee as follows:

(i) If paid after September 30, 2012 $30.00

(ii) Beginning October 1, 2003 through September 30, 2012 35.00

(b) Supplemental application processing fee . 20.00

(i) If paid after September 30, 2012 20.00

(ii) Beginning October 1, 2003 through September 30, 2012 40.00

(3) Fees for a person licensed or seeking licensure as a land surveyor under article 20 of the occupational code, MCL339.2001 to 339.2014, are as follows:

(a) Application processing fee as follows:

(i) If paid after September 30, 2012 $30.00

(ii) Beginning October 1, 2003 through September 30, 2012 35.00

(b) Supplemental application processing fee 20.00

(i) Complete examination 110.00

(ii) Part 1 of the examination (fundamentals) 55.00

(iii) Part 2a of the examination (principles and practice) 45.00

(iv) Part 2b of the examination (Michigan practice) 40.00

(d) Examination review 20.00

(e) License fee, per year 50.00

Sec. 15. Fees for a person registered or seeking registration as a landscape architect under article 22 of the occupational code, MCL 339.2201 to 339.2211, are as follows:

(a) Application processing fee as follows:

(i) If paid after September 30, 2012 $30.00

(ii) Beginning October 1, 2003 through September 30, 2012 35.00

(b) Supplemental application processing fee 20.00

(i) Complete examination 265.00

(ii) Section 1 of the examination 25.00

(iii) Section 2 of the examination 35.00

(iv) Section 3 of the examination 100.00

(v) Section 4 of the examination 125.00

(d) Examination review 25.00

(e) Registration fee, per year 40.00

Sec. 17. (1) Fees for a person licensed or seeking licensure as a barber, student barber, student instructor, or barber instructor, for a person licensed or seeking licensure to operate a barbershop or barber college, or for a person seeking a permit for a demonstration or a demonstrator's permit under article 11 of the occupational code, MCL 339.1101 to 339.1118, are as follows:

(a) Application processing fees:

(i) Student barber as follows:

(A) If paid after September 30, 2012 $15.00

(B) Beginning October 1, 2003 through September 30, 2012 20.00

(ii) Barber as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 20.00

(iii) Student instructor as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 20.00

(iv) Barber instructor as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 20.00

(v) Barbershop as follows:

(A) If paid after September 30, 2012 40.00

(B) Beginning October 1, 2003 through September 30, 2012 50.00

(vi) Barber college as follows:

(A) If paid after September 30, 2012 50.00

(B) Beginning October 1, 2003 through September 30, 2012 75.00

(b) Examination fees:

(i) Complete barber examination 75.00

(A) Written portion only 35.00

(B) Practical portion only 45.00

(ii) Complete instructor examination 75.00

(A) Written portion only 35.00

(B) Practical portion only 45.00

(d) License fees, per year:

(i) Student barber as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 30.00

(ii) Barber as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 30.00

(iii) Student instructor as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 30.00

(iv) Barber instructor as follows:

(A) If paid after September 30, 2012 25.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

(v) Barbershop as follows:

(A) If paid after September 30, 2012 30.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

(vi) Barber college 150.00

(e) Demonstrator's temporary permit as follows:

(i) If paid after September 30, 2012 10.00

(ii) Beginning October 1, 2003 through September 30, 2012 15.00

(f) Demonstration temporary permit as follows:

(i) If paid after September 30, 2012 10.00

(ii) Beginning October 1, 2003 through September 30, 2012 15.00

Sec. 21. Fees for a person licensed or seeking licensure to operate a collection agency or to be a collection agency manager under article 9 of the occupational code, MCL 339.901 to 339.920, are as follows:

(a) Application processing fees:

(i) Agency nonowner manager as follows:

(A) If paid after September 30, 2012 $25.00

(B) Beginning October 1, 2003 through September 30, 2012 35.00

(ii) Agency 100.00

(b) Examination fee 50.00

(d) License fee, per year:

(i) Agency nonowner manager 50.00

(ii) Agency 125.00

Sec. 23. Fees for a person registered or seeking registration as a professional community planner under article 23 of the occupational code, MCL 339.2301 to 339.2310, are as follows:

(a) Application processing fee as follows:

(i) If paid after September 30, 2012 $30.00

(ii) Beginning October 1, 2003 through September 30, 2012 35.00

(b) Supplemental application processing fee 20.00

(d) Examination review 25.00

(e) Registration fee, per year 50.00

Sec. 25. Fees for a person licensed or seeking licensure as a cosmetologist, manicurist, natural hair culturist, esthetician, electrologist, or instructor or a person licensed or seeking licensure to operate a cosmetology establishment or school of cosmetology, seeking a student registration or transfer, or seeking a permit to conduct an apprenticeship program under article 12 of the occupational code, MCL 339.1201 to 339.1218, are as follows:

(a) Application processing fees:

(i) Apprenticeship program $25.00

(ii) Cosmetologist, manicurist, natural hair culturist, esthetician, electrologist, or instructor as follows:

(A) If paid after September 30, 2012 10.00

(B) Beginning October 1, 2003 through September 30, 2012 15.00

(iii) Cosmetology establishment 25.00

(iv) School of cosmetology 100.00

(b) Examination fees:

(i) Complete examination for cosmetologist, manicurist, natural hair culturist, esthetician, electrologist,
or instructor 25.00

(ii) Written portion only 15.00

(iii) Practical portion only 15.00

(iv) Examination review 20.00

(i) Cosmetologist, manicurist, natural hair culturist, esthetician, electrologist, or instructor as follows:

(A) If paid after September 30, 2012 12.00

(B) Beginning October 1, 2003 through September 30, 2012 24.00

(ii) Cosmetology establishment 25.00

(iii) School of cosmetology 100.00

(d) Student registration or transfer fee as follows:

(i) If paid after September 30, 2012 5.00

(ii) Beginning October 1, 2003 through September 30, 2012 15.00

Sec. 27. Fees for a person licensed or seeking licensure as an employment or consulting agent or for a person licensed or seeking licensure to operate a personnel agency under article 10 of the occupational code, MCL 339.1001 to 339.1022, are as follows:

(a) Application processing fees:

(i) Personnel agency $225.00

(ii) Employment or consulting agent 30.00

(iii) Officer or stockholder change 25.00

(b) Examination fee 50.00

(d) License fee, per year:

(i) Personnel agency 125.00

(ii) Employment or consulting agent as follows:

(A) If paid after September 30, 2012 30.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

Sec. 28. Fees for an individual registered or seeking registration as an auctioneer under article 29 of the occupational code, MCL 339.2901 to 339.2919, are as follows:

(a) Application processing for registered auctioneer $50.00

(b) Examination fee for registered auctioneer 50.00

(i) Auctioneer - individual 200.00

(ii) Auctioneer - firm 200.00

Sec. 29. Fees for a person registered or seeking registration as a forester under article 21 of the occupational code, MCL 339.2101 to 339.2108, are as follows:

(a) Application processing fee $50.00

(b) Registration fee, per year as follows:

(i) If paid after September 30, 2012 25.00

(ii) Beginning October 1, 2003 through September 30, 2012 40.00

Sec. 31. Fees for a person licensed or seeking licensure as a hearing aid dealer, salesperson, or trainee under article13 of the occupational code, MCL 339.1301 to 339.1309, are as follows:

(a) Application processing fees:

(i) Dealer $20.00

(ii) Salesperson 20.00

(iii) Trainee 10.00

(b) Examination fees:

(i) Complete dealer examination 100.00

(ii) Dealer examination, per part 35.00

(iii) Complete salesperson examination 100.00

(iv) Salesperson examination, per part 30.00

(d) License fees, per year:

(i) Dealer 80.00

(ii) Salesperson 50.00

(iii) Trainee as follows:

(A) If paid after September 30, 2012 20.00

(B) Beginning October 1, 2003 through September 30, 2012. 40.00

Sec. 37. (1) Fees for a person licensed or seeking licensure as a real estate broker, associate broker, salesperson, or branch office or seeking other licenses or approvals issued under article 25 of the occupational code, MCL 339.2501 to 339.2518, are as follows:

(a) Application processing fees:

(i) Brokers and associate brokers as follows:

(A) If paid after September 30, 2012 $20.00

(B) Beginning October 1, 2003 through September 30, 2012 35.00

(ii) Salespersons 10.00

(iii) Branch office 10.00

(b) License fees, per year:

(i) Brokers and associate brokers 36.00

(ii) Salespersons 26.00

(i) If paid after September 30, 2012 10.00

(ii) Beginning October 1, 2003 through September 30, 2012 20.00

(d) Sale of out of state property:

(i) Application to sell 20.00

(ii) Property registration 500.00

(iii) Renewal of approval to sell 20.00

(2) A fee shall not be required for the registration of property approved under the land sales act, 1972 PA 286, MCL565.801 to 565.835.

(3) The real estate education fund is established in the state treasury and shall be administered by the department. Fifteen dollars of each license fee received by the department under subsection (1)(b) during that 3-year license cycle shall be deposited with the state treasurer to the credit of the real estate education fund. The department shall utilize the real estate education fund only for the operation of departmental programs related to education required of all licensees or applicants for licensure under article 25 of the occupational code, MCL 339.2501 to 339.2518. Any unexpended balance in the real estate education fund at the end of a fiscal year shall carry forward to the next fiscal year.

(4) The real estate enforcement fund is created in the state treasury and shall be administered by the department. Beginning October 1, 2003, $15.00 of each license fee received by the department under subsection (1)(b) during that 3-year license cycle shall be deposited into the real estate enforcement fund. The department in conjunction with the attorney general shall utilize the real estate enforcement fund only for the investigation and enforcement of actions regarding unlicensed activity and real estate fraud. Any unexpended balance in the real estate enforcement fund at the end of a fiscal year shall carry forward to the next fiscal year.

Sec. 38. (1) Fees for an individual licensed or seeking licensure as a state licensed real estate appraiser, a certified general real estate appraiser, a certified residential real estate appraiser, or a limited real estate appraiser under article26 of the occupational code, MCL 339.2601 to 339.2637, are as follows:

(a) Application processing fees:

(i) Certified general real estate appraiser as follows:

(A) If paid after September 30, 2012 $25.00

(B) Beginning October 1, 2003 through September 30, 2012 $35.00

(ii) Certified residential real estate appraiser as follows:

(A) If paid after September 30, 2012 $25.00

(B) Beginning October 1, 2003 through September 30, 2012 $35.00

(iii) State licensed real estate appraiser as follows:

(A) If paid after September 30, 2012 $25.00

(B) Beginning October 1, 2003 through September 30, 2012 $35.00

(iv) Limited real estate appraiser as follows:

(A) If paid after September 30, 2012 $25.00

(B) Beginning October 1, 2003 through September 30, 2012 $35.00

(b) Examination fees, if the department conducts its own examination:

(i) Certified general real estate appraiser $100.00

(ii) Certified residential real estate appraiser $100.00

(iii) State licensed real estate appraiser $100.00

(i) Certified general real estate appraiser $175.00

(ii) Certified residential real estate appraiser $175.00

(iii) State licensed real estate appraiser $175.00

(iv) Limited real estate appraiser $125.00

(d) Temporary permit fee $125.00

(2) The license fee includes a fee imposed by the federal government under sections 1113 and 1114 of title XI of the financial institutions reform, recovery, and enforcement act of 1989, Public Law 101-73, 12 USC 3331 to 3351, for certified general real estate appraisers, certified residential real estate appraisers, and state licensed real estate appraisers, which shall not exceed $50.00 per licensee and which the department shall collect and pay to the federal government pursuant to section 2637 of the occupational code, MCL 339.2637.

(3) The real estate appraiser education fund is established in the state treasury and shall be administered by the department. Ten dollars of each fee received under subsection (1)(c) shall be deposited with the state treasurer to the credit of the real estate appraiser education fund. The department shall utilize the real estate appraiser education fund only for the operation of departmental programs related to the education required of all licensees or applicants for licensure under article 26 of the occupational code, MCL 339.2601 to 339.2637. Any unexpended balance in the real estate appraiser education fund at the end of a fiscal year shall carry forward to the next fiscal year.

Sec. 39. 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

(d) License fee, per year as follows:

(i) If paid after September 30, 2012 30.00

(ii) Beginning October 1, 2003 through September 30, 2012 40.00

Sec. 43. (1) Fees for a person licensed or seeking licensure to engage in the practice of mortuary science or to operate a funeral establishment or for a person licensed or seeking licensure as a resident trainee or licensed as an embalmer or funeral director under article 18 of the occupational code, MCL 339.1801 to 339.1812, are as follows:

(a) Application processing fees:

(i) Mortuary science license $20.00

(ii) Funeral establishment license 115.00

(iii) Resident trainee 15.00

(b) Examination fees:

(i) Complete examination 200.00

(ii) National examination only 150.00

(iii) State examination only 50.00

(d) License fees, per year:

(i) Mortuary science as follows:

(A) If paid after September 30, 2012 30.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

(ii) Funeral establishment 55.00

(iii) Embalmer 30.00

(iv) Funeral director as follows:

(A) If paid after September 30, 2012 30.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

(v) Resident trainee as follows:

(A) If paid after September 30, 2012 15.00

(B) Beginning October 1, 2003 through September 30, 2012 30.00

Sec. 62. Fees for a person registered or seeking registration as an ocularist or an apprentice ocularist under article27 of the occupational code, MCL 339.2701 to 339.2721, are as follows:

(a) Application processing fee as follows:

(i) If paid after September 30, 2012 15.00

(ii) Beginning October 1, 2003 through September 30, 2012 35.00

(b) Registration fee, per year:

(i) Ocularist as follows:

(A) If paid after September 30, 2012 20.00

(B) Beginning October 1, 2003 through September 30, 2012 40.00

(ii) Apprentice as follows:

(A) If paid after September 30, 2012 10.00

(B) Beginning October 1, 2003 through September 30, 2012 20.00

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor