Bill Text: MI HB6059 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Occupations; individual licensing and regulation; preliminary determination of eligibility of individuals who may apply for a license or registration; establish in skilled trades regulation act. Amends 2016 PA 407 (MCL 339.5101 - 339.6133) by adding sec. 202.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-28 - Assigned Pa 454'18 With Immediate Effect [HB6059 Detail]
Download: Michigan-2017-HB6059-Chaptered.html
Act No. 454
Public Acts of 2018
Approved by the Governor
December 20, 2018
Filed with the Secretary of State
December 21, 2018
EFFECTIVE DATE: March 21, 2019
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Sabo and VanSingel
ENROLLED HOUSE BILL No. 6059
AN ACT to amend 2016 PA 407, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,” (MCL 339.5101 to 339.6133) by adding section 202.
The People of the State of Michigan enact:
Sec. 202. (1) The department shall establish a procedure that allows an individual to obtain a preliminary determination from the department concerning whether any court judgments against him or her would likely result in a denial of a license or registration for failing to meet the good moral character requirement for that license or registration.
(2) All of the following apply for purposes of subsection (1):
(a) To obtain a preliminary determination under this section, an individual must file a request that meets all of the following:
(i) Is submitted on a form provided by the department.
(ii) Identifies the license or registration for which he or she may apply.
(iii) Includes a detailed description of any criminal proceedings that resulted in a judgment against him or her.
(iv) Includes the nonrefundable fee required by the department.
(b) The department shall only consider the information provided by an individual under subdivision (a)(ii) and (iii) in making a preliminary determination.
(c) A preliminary determination under this section that is adverse to an individual does not prevent the individual from subsequently applying for a license or registration.
(d) The department or a board is not bound by a preliminary determination under this section if the individual applies for a license or registration under this act.
(e) The issuance of a preliminary determination under this section does not limit the authority of the department to review applications for a license or registration, or to issue or deny a license or registration.
(f) The department shall notify an individual of a preliminary determination by delivering a preliminary determination letter to the individual, in a form determined by the department.
(3) An individual shall not request more than 1 preliminary determination under this section in any 120-day period.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
