Bill Text: MI HB6112 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Occupations; other; eligibility requirements for certain licenses and regulations under the skilled trades regulation act; revise. Amends sec. 105 of 2016 PA 407 (MCL 339.5105). TIE BAR WITH: HB 6110'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-12-06 - Referred To Committee Of The Whole [HB6112 Detail]

Download: Michigan-2017-HB6112-Engrossed.html

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HB-6112, As Passed House, October 3, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6112

 

 

June 6, 2018, Introduced by Reps. Hoitenga, Bellino, Griffin, Iden, Moss and Theis and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2016 PA 407, entitled

 

"Skilled trades regulation act,"

 

by amending section 105 (MCL 339.5105).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 105. As used in this act:

 

     (a) "Enforcing agency" means that term as defined in section

 

2a of the Stille-DeRossett-Hale single state construction code act,

 

MCL 125.1502a.

 

     (b) "Formal complaint" means a document that states the

 

charges of each alleged violation and is prepared by the department

 

or the department of attorney general after a complaint is received

 

by the department.

 

     (c) "Former act" means former 1956 PA 217; former 1984 PA 192;

 

former 1986 PA 54; former 2002 PA 733; or former 1965 PA 290, as

 

applicable.

 

     (d) "General public" means each individual who resides in this

 

state and is 18 years of age or older, other than an individual or

 

the spouse of an individual who is licensed or registered in the

 

occupation or who has a material financial interest in the

 

occupation that is regulated by the specific article in which the

 

term is used.

 

     (e) "Good moral character" means good moral character as

 

defined in, section 1 of and determined under, 1974 PA 381, MCL

 

338.41 to 338.47.

 

     (f) "Governmental subdivision" means a governmental

 

subdivision as defined in section 2a of the Stille-DeRossett-Hale

 

single state construction code act, MCL 125.1502a.

 

     (g) "Incompetence" means a departure from, or a failure to

 

conform to, minimal standards of acceptable practice for an

 

occupation.

 

     (h) "Knowledge and skill" means information, education,

 

practical experience, and the facility to apply that information,

 

education, and practical experience.

 

     (i) "License" includes the whole or part of a governmental

 

permit, certificate, approval, registration, charter, or similar

 

form of permission required under a specific article of this act.

 

     (j) "Licensee" means a person that is issued a license under

 

this act.

 

     (k) "Limitation" means a condition, stricture, constraint,

restriction, or probation attached to a license that relates to the

 

scope of practice of that occupation by the licensee. The term

 

includes, but is not limited to, any of the following:

 

     (i) A requirement that the licensee perform only specified

 

functions of the licensee's occupation.

 

     (ii) A requirement that the licensee perform the licensee's

 

occupation only for a specified period of time.

 

     (iii) A requirement that the licensee perform the licensee's

 

occupation only within a specified geographical area.

 

     (iv) A requirement that restitution be made or certain work be

 

performed before a license is issued or renewed or the licensee is

 

relicensed.

 

     (v) A requirement that a person file a financial statement

 

certified by an individual who is licensed as a certified public

 

accountant under article 7 of the occupational code, 1980 PA 299,

 

MCL 339.720 to 339.736, with the department at regular intervals.

 

     (vi) A requirement that reasonably assures a licensee's

 

competence to perform the licensee's occupation.

 

     (vii) A requirement that all contracts of a licensee are

 

reviewed by an attorney.

 

     (viii) A requirement that a licensee have on file with the

 

department a bond issued by a surety insurer that is approved by

 

the department or cash in an amount determined by the department.

 

     (ix) A requirement that a licensee deposit money received in

 

an escrow account from which money may be disbursed only under

 

certain conditions as determined by the licensee and another party.

 

     (x) A requirement that a licensee file reports with the

department at intervals determined by the department.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6110 (request no.

 

04601'17) of the 99th Legislature is enacted into law.