Bill Text: MI HB5055 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: individual licensing and registration; licensing reciprocity for certain occupations of individuals who hold an out-of-state license; provide for. Amends sec. 223 of 2016 PA 407 (MCL 339.5223) & adds sec. 224.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-06-22 - Bill Electronically Reproduced 06/17/2021 [HB5055 Detail]
Download: Michigan-2021-HB5055-Introduced.html
HOUSE BILL NO. 5055
A bill to amend 2016 PA 407, entitled
"Skilled trades regulation act,"
by amending section 223 (MCL 339.5223), as added by 2021 PA 24, and by adding section 224.
the people of the state of michigan enact:
Sec. 223. (1) The department shall issue a license or a certificate of registration for an occupation under this act without examination to an individual who demonstrates to the satisfaction of the department that he or she meets all of the following at the time of application:
(a) Provides proof that the individual is 1 of the following:
(i) A member of the armed forces or uniformed services.
(ii) A veteran.
(iii) A dependent of a member of the armed forces, a member of the uniformed services, or a veteran.
(b) Holds a valid license or registration in that occupation from an equivalent licensing department, board, or authority, as determined by the department, in at least 1 other state of the United States. For each license or registration described in this subdivision that he or she holds, all of the following must be met:
(i) The license or registration is in good standing. and he or she has held that license or registration for at least 1 year.
(ii) There were minimum education requirements and, if applicable, work experience requirements in effect for licensure or registration in the other state, and the other state verifies that he or she met those requirements for licensure or registration in that state.
(iii) If the other state required an examination for licensure, or registration, he or she passed the examination.
(iv) The requirements for licensure or registration in the other state are substantially equivalent to or exceed the requirements of this act and any rule promulgated under this act for the license or registration.
(c) Has not had a license or registration revoked, and has not voluntarily surrendered a license, or registration, in any other state of the United States or a foreign country while under investigation for unprofessional conduct.
(d) Has not had discipline imposed by any equivalent licensing department, board, or authority in another state of the United States. If another state of the United States has taken disciplinary action against the applicant, the department shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that other state, the department shall not issue or deny a license or registration until the matter is resolved.
(e) Does not have a complaint, allegation, or investigation pending before an equivalent licensing department, board, or authority in another state of the United States or a foreign country that relates to unprofessional conduct. If the applicant has any complaints, allegations, or investigations pending, the department shall suspend the application process and shall not issue or deny a license or registration to the applicant until the complaint, allegation, or investigation is resolved.
(f) Pays all applicable fees.
(g) Is of good moral character.
(h) Meets the age requirement of that occupation under this act, if applicable.
(2) This section does not prevent the department from issuing a temporary license under section 219 or issuing a license under section 731(5), 907(3), or 1019(1).
Sec. 224. (1) The department shall issue a license for an occupation under this act to an individual who does not meet the requirements under section 223(1)(a) and who demonstrates to the satisfaction of the department that he or she meets all of the following at the time of application:
(a) Is a current resident of this state.
(b) Holds a valid license in that occupation from an equivalent licensing department, board, or authority, as determined by the department, in at least 1 other state of the United States.
(c) All of the following are met for each license described in subdivision (b) that he or she holds:
(i) The license is in good standing and he or she has held that license for at least 6 months.
(ii) There were minimum education requirements and, if applicable, work experience in effect for licensure in the other state, and the other state verifies that he or she met those requirements for licensure in that state.
(iii) If the other state required an examination for licensure, he or she passed the examination.
(d) Has not had a license revoked, and has not voluntarily surrendered a license, in any other state of the United States or a foreign country while under investigation for unprofessional conduct.
(e) Has not had discipline imposed by an equivalent licensing department, board, or authority in another state of the United States. If another state of the United States has taken disciplinary action against the applicant, the department shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that other state, the department shall not issue or deny a license until the matter is resolved.
(f) Does not have a complaint, allegation, or investigation pending before an equivalent licensing department, board, or authority in another state of the United States or a foreign country that relates to unprofessional conduct. If the applicant has any complaints, allegations, or investigations pending, the department shall suspend the application process and shall not issue or deny a license to the applicant until the complaint, allegation, or investigation is resolved.
(g) Subject to subsection (4), pays all applicable fees.
(h) Is of good moral character.
(2) This section does not prevent the department from issuing temporary licenses under section 219 or issuing licenses under section 731(5), 907(3), or 1019(1).
(3) This section does not apply to a license issued under an interstate licensing compact applicable to an occupation under this act; does not apply to any licensing criteria established under an interstate licensing compact applicable to an occupation under this act; and does not make an individual who is licensed under this section eligible to be part of an interstate licensing compact applicable to an occupation under this act.
(4) The department shall not charge an individual seeking a license under this section a fee in an amount that exceeds the amount charged by the department to an individual seeking the same license under this act.
