Act No. 645

Public Acts of 2006

Approved by the Governor

January 4, 2007

Filed with the Secretary of State

January 5, 2007

EFFECTIVE DATE: January 5, 2007

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. Baxter

ENROLLED HOUSE BILL No. 6267

AN ACT to amend 1979 PA 152, entitled "An act to provide for the establishment and collection of fees for the regulation of certain occupations and professions, and for certain agencies and businesses; to create certain funds; and to prescribe certain powers and duties of certain state agencies and departments," by amending the title and sections 3 and 37 (MCL 338.2203 and 338.2237), section 3 as amended by 1993 PA 139 and section 37 as amended by 2003 PA 87.

The People of the State of Michigan enact:

TITLE

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.

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. 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 through September 30, 2003 or after September 30, 2007 $ 20.00

(B) Beginning October 1, 2003 through September 30, 2007 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

(c) Branch office fee, per year as follows:

(i) If paid through September 30, 2003 or after September 30, 2007 10.00

(ii) Beginning October 1, 2003 through September 30, 2007 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 that3-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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor