Blown Mortgage

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I just got the following e-mailed to me from one of the local title companies…..

Governor Granholm Signs Bipartisan Professionalism Package

Without any fanfare, Governor Granholm has signed the bipartisan Professionalism package (also know as “the bad builders bills) into law. Senate bills 450, 451, 452, and 453 (now Public Acts 155, 156, 157 and 158 of 2007) were sponsored by State Senators Nancy Cassis (R-Novi) and Ray Basham (D-Taylor). A similar package passed at the end of the 2006-2007 session was vetoed by the governor last year because of technical problems.

While most of the changes found in this package will not take effect until June 1, 2008 unlicensed individuals acting in the capacity of a residential builder or a residential maintenance and alteration contractor will immediately face stronger penalties.

A first offense will be a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 1 year, or both. A second or subsequent offense will be a misdemeanor punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 2 years, or both. An offense that causes death or serious injury, a felony punishable by a fine of not less than $5,000.00 or more than $25,000.00, or imprisonment for not more than 4 years, or both.

Here are the major changes in the Occupational Code made by Public Acts 155-158 of 2007. These changes take effect June 1, 2008.

Requires the successful completion of a 60-hour prelicensure course of study by applicants for an initial residential builder or contractor license prior to licensing.

Establishes continuing competency requirements for licensed builders and
contractors.
Requires all licensees to have a current copy of the Michigan Residential Code.
Allows a licensed builder or contractor to apply for inactive status.
Allows a prosecuting attorney and the attorney general to bring a civil action
against a person not licensed under Article 24 for practicing without a license; and
require the court to order a fine payable to the prosecuting attorney or the attorney
general.
Requires the Department of Labor and Economic Growth (DLEG) to issue three year residential builder and contractor licenses.

Requires a licensed residential builder, as part of a contract, to provide information
relating to his or her individual license and any qualifying officer license.
Prohibits a person not licensed under Article 24 from imposing a lien on real
property.
Increases the per-year license fee for a builder or contractor from $40 to $60 for
one license cycle, and prescribes a $50 fee for subsequent years.
Creates the “Builder Enforcement Fund” and requires it to be used for the
enforcement of Article 24 of the Occupation Code regarding unlicensed activity,
and the prosecution of unlicensed practice.
What do you think it’s going to mean to the industry?

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