HOUSE BILL NO. 6329
November 12, 2020, Introduced by Reps. Anthony
and Schroeder and referred to the Committee on Regulatory Reform.
A bill to amend 2016 PA 407, entitled
"Skilled trades regulation act,"
by amending sections 103, 105, 219, and 417 (MCL 339.5103, 339.5105, 339.5219, and 339.5417) and by adding section 223.
the people of the state of michigan enact:
Sec. 103. As used
in this act:
(a) "Administrative procedures act of 1969" means
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(b) "Armed forces" means the United States
Army, Air Force, Navy, Marine Corps, or Coast Guard or other military force
designated by Congress as a part of the armed
forces Armed Forces of
the United States.
(c) "Board" means, in each article of this act that
is related to a specific occupation or occupations, the board that is created
in that article and composed principally of members of the regulated occupation
or occupations, or the commission or other agency that is defined in or
designated as the board for purposes of that article. In this article,
"board" means any board created or agency designated as a board under
any other article of this act.
(d) "Board files" means the records, memoranda,
opinions, minutes, and similar written materials that were formerly in the
physical possession and control of a board abolished by this act and the
records, memoranda, opinions, minutes, and similar written materials of a board
created under this act.
(e) "Censure" means an expression of disapproval of
a licensee's or registrant's professional conduct, whether or not the conduct
is a violation of this act or a rule promulgated or an order issued under this
act.
(f) "Charitable organization" means a
not-for-profit tax-exempt religious, educational, or humane organization.
(g) "Citation" means that term as described in
section 537.
(h) "Competence" means a degree of expertise that
enables an individual to engage in an occupation at a level that meets or
exceeds minimal standards of acceptable practice for the occupation.
(i) "Complaint" means an oral or written grievance.
(j) "Completed application" means an application
that is complete on its face and submitted with any applicable licensing or
permit fees and any other information, records, approval, security, or similar
item required by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of this state.
(k) "Contested case hearing" means a hearing under
chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.287, 24.288,
as authorized under chapter 5 of the administrative procedures
act of 1969, MCL 24.291 to 24.292.
(l) "Department"
means the department of licensing and regulatory affairs.
(m) "Dependent" means a spouse, surviving spouse,
child under 26 years of age, or surviving child under 26 years of age.
(n) (m) "Director"
means the director of the department of licensing and regulatory affairs or his
or her authorized representative.
(o) (n) "Disability"
means an infirmity that prevents a board member from performing a duty assigned
to the board member.
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 that term 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
ensures 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.
(l) "Veteran" means that term as
defined in section 1 of 1965 PA 190, MCL 35.61.
Sec. 219. (1) The department may grant a nonrenewable
temporary license to an individual who is applying for licensure under a
specific article of this act if the individual meets both of the following:
(a) He or she provides
proof acceptable to the department that he or she holds a current license in
good standing, or a current registration in good standing, in that occupation,
issued by an equivalent licensing department, board, or authority, as
determined by the department, in another state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin Islands, another
territory or protectorate of the United States, or a foreign country.
(b) He or she did not
previously have a license denied, revoked, or suspended.
(2) If approved by a
board, a temporary license issued under subsection (1) is valid until 1 or more
of the following occur:
(a) The results of the
next scheduled examination are available.
(b) The results of the
next required evaluation procedure are available.
(c) A license is issued.
(d) The next examination
date of an examination for licensure in the applicable occupation, if the
applicant does not take the examination.
(e) The applicant fails
to meet the requirements for a license.
(f) A change in
employment is made.
(3) In addition to a
temporary license under subsection (1), the department shall grant a temporary
license under a specific article of this act to an individual who applies for a
temporary license if the applicant meets all of the following:
(a) He or she provides
proof acceptable to the department that he or she is married
to an individual who is serving in the armed forces and a dependent of either a member of the armed forces who is
on active duty or a veteran.
(b) He or she provides
proof acceptable to the department that he or she holds a current license in
good standing, or a current registration in good standing, in the trade or
occupation for which he or she is seeking a temporary license, issued by an equivalent
licensing department, board, or authority, as determined by the department, in consultation with the board, in another state of the
United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, another territory or protectorate of the United States, or a foreign
country.
(c) He or she provides proof acceptable to the department
that his or her spouse is assigned to a duty station in this state and that he
or she is also assigned to a duty station in this state under his or her
spouse's permanent change of station orders.
(4) A temporary license
issued under subsection (3) is valid for 6 months and may be renewed for 1
additional 6-month term if the department determines the temporary licensee
continues to meet the requirements of subsection (3) and needs additional time
to fulfill the requirements for initial licensure in this state.
(5) An individual shall
not receive more than 2 temporary licenses described in subsection (1) under a
specific article of this act within a 4-year period.
(6) The department may
place a limitation on a temporary license granted under this section.
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 in the armed forces on
active duty.
(ii) A veteran.
(iii) A dependent of either a member in the
armed forces on active duty 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.
(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. 417. The department shall waive the fee for an initial license or initial registration that is otherwise required under this act, or an application processing fee charged by the department for an initial license or initial registration, if the applicant is an meets either of the following requirements:
(a) Is an individual who served in the armed forces and he or she provides to the department a form DD214, form DD215, or any other form that is satisfactory to the department that demonstrates he or she was separated from that service with an honorable character of service or under honorable conditions (general) character of service.
(b) Is a
dependent of either a member of the armed forces who is on active duty or a
veteran and he or she provides proof acceptable to the department that he or
she is a dependent as described in this subdivision.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.