Bill Text: MI SB0158 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: individual licensing and registration; licensing reciprocity for certain occupations for veterans and military service members and their dependents who hold an out-of-state license; provide for. Amends secs. 103, 104, 105, 213 & 2404b of 1980 PA 299 (MCL 339.103) & adds sec. 217.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-04 - Referred To Committee Of The Whole With Substitute (s-1) [SB0158 Detail]
Download: Michigan-2021-SB0158-Introduced.html
SENATE BILL NO. 158
February 18, 2021, Introduced by Senators
HOLLIER and BIZON and referred to the Committee on Families, Seniors, and
Veterans.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 103, 104, 105, 213, and 2404b (MCL 339.103, 339.104, 339.105, 339.213, and 339.2404b), section 103 as amended by 1994 PA 257, section 104 as amended by 2016 PA 412, section 105 as amended by 2016 PA 502, section 213 as amended by 2014 PA 149, and section 2404b as amended by 2014 PA 175, and by adding section 217.
the people of the state of michigan enact:
Sec. 103. (1) "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 of the
United States.
(2)
(1) "Board"
means, in each article which deals with a specific occupation, the agency
created in that article composed principally of members of the regulated
occupation. In all other contexts, board means each agency created under this
act.
(3)
(2) "Censure"
means an expression of disapproval of a licensee's or registrant's professional
conduct, which conduct is not necessarily a violation of this act or a rule
promulgated or an order issued under this act.
(4)
(3) "Competence"
means a degree of expertise which that enables a person to engage in an occupation at a
level which that
meets or exceeds minimal standards of acceptable practice for the
occupation.
(5)
(4) "Complaint"
means an oral or written grievance.
(6)
(5) "Controlled
substance" means a drug, substance, or immediate precursor as set forth in
section 7212, 7214, 7216, 7218, or 7220 of the public health code, Act No. 368 of the Public Acts of 1978, being
sections 1978 PA 368, MCL 333.7212,
333.7214, 333.7216, 333.7218, and 333.7220,
of the Michigan Compiled Laws, not
excluded pursuant to section 7227 of Act
No. 368 of the Public Acts of 1978, being section the public health code, 1978 PA 368, MCL 333.7227. of the Michigan Compiled
Laws.
Sec. 104. (1)
"Department" means the department of licensing and regulatory
affairs.
(2)
"Dependent" means a spouse, surviving spouse, child under 26 years of
age, or surviving child under 26 years of age.
(3)
(2) "Director"
means the director of the department or his or her authorized representative.
(4)
(3) "Disability"
means an infirmity that prevents a board member from performing a duty assigned
to the board member.
(5)
(4) "Files"
means the records, memoranda, opinions, minutes, and similar written materials
that were formerly in the physical dominion of a board abolished by this act
and the records, memoranda, opinions, minutes, and similar written materials of
a board created under this act.
(6)
(5) "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.
(7)
(6) "General
public" means each individual residing in this state who 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 regulated under the specific article in which the
term is used.
(8)
(7) "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.
(9)
(8) "Incompetence"
means a departure from, or a failure to conform to, minimal standards of
acceptable practice for an occupation.
(10)
(9) "Knowledge
and skill" means the information, education, practical experience, and the
facility in applying that information, education, and practical experience.
Sec. 105. (1)
"License" means the document issued to a person under this act that
enables the person to use a designated title and practice an occupation, which
practice would otherwise be prohibited by this act. License includes a document
issued by the department that permits a school, institution, or person to offer
training or education in an occupation or that permits the operation of a
facility, establishment, or institution in which an occupation is practiced.
License includes a permit or approval.
(2) "Licensee" means any of the following, as
applicable:
(a) In articles 1 to 6, a person that is licensed or required
to be licensed under this act.
(b) In a specific article of this act, a person that is
licensed or required to be licensed under that article.
(3) "Limitation" means a condition, stricture,
constraint, restriction, or probation attached to a license or registration
relative to the scope of practice, including the following:
(a) A requirement that the licensee or registrant perform
only specified functions of the licensee's or registrant's occupation.
(b) A requirement that the licensee or registrant perform the
licensee's or registrant's occupation only for a specified period of time.
(c) A requirement that the licensee or registrant perform the
licensee's or registrant's occupation only within a specified geographical area.
(d) A requirement that restitution be made or certain work be
performed before a license or registration is issued, renewed, or reinstated.
(e) A requirement that a financial statement certified by an
individual who is licensed as a certified public accountant be filed with the
department at regular intervals.
(f) A requirement that reasonably assures
ensures a licensee's or
registrant's competence to perform the licensee's or registrant's occupation.
(g) A requirement that an attorney review all contracts of a
licensee or registrant.
(h) A requirement that a licensee or registrant have on file
with the department a bond that is issued by a surety insurer approved by the
department or cash in an amount determined by the department.
(i) A requirement that a licensee or registrant deposit money
received in an escrow account which that can be disbursed only under certain conditions
as determined by the licensee or registrant and another party.
(j) A requirement that a licensee or registrant file reports
with the department at intervals determined by the department.
(4) "Occupation" means a field of endeavor
regulated under this act.
(5) "Person" means any of the following:
(a) An individual.
(b) A sole proprietorship, partnership, association,
corporation, limited liability company, or common law trust.
(c) A combination of persons described in subdivision (a) or
(b).
(d) A department, board, school, institution, establishment,
or governmental entity.
(6) "Physical dominion" means control and
possession.
(7) "Physician" means that term as defined in
sections 17001 and 17501 of the public health code, 1978 PA 368, MCL 333.17001
and 333.17501.
(8) "Probation" means a sanction that permits a
board to evaluate over a period of time a licensee's or registrant's fitness to
practice an occupation regulated under this act.
(9) "Public access" means the right of a person to
view and copy files under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(10) "Registrant" means a person that is registered
under this act.
(11) "Registration" means the document issued to a
person under this act that enables the person to use a designated title, which
use would be otherwise prohibited by this act.
(12) "Rule" means a rule promulgated under this act
and under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(13) "State" means the District of Columbia or a
commonwealth, state, or territory of the United States.
(14)
"Veteran" means that term as defined in section 1 of 1965 PA 190, MCL
35.61.
Sec. 213. (1) If
a person has not previously been denied a license or a certificate of
registration or had a license or a certificate of registration revoked or
suspended, the department may grant a nonrenewable temporary license or certificate
of registration to an applicant for licensure or registration or transfer of
licensure or registration under any of articles 7 to 29. If
approved by a board, a temporary license or certificate of registration issued
under this subsection is valid until 1 or more of the following occurs:
(a) The results of the next scheduled examination are
available.
(b) The results of the next required evaluation procedure are
available.
(c) A license or certificate of registration is issued.
(d) The next examination date of an examination for licensure
or registration in the applicable occupation, if the applicant does not take
the examination.
(e) The applicant fails to meet the requirements for a
license or certificate of registration.
(f) A change in employment is made.
(2) In addition to a temporary license or certificate of
registration under subsection (1), beginning 90
days after the effective date of the amendatory act that added this subsection,
September 9, 2014, the department
shall grant a temporary license or certificate of registration for an
occupation under this act to an applicant who meets all
both of the following:
(a) He or she provides proof acceptable to the department
that he or she is married to a dependent of either a member of the armed forces who is on
active duty or a veteran. As used in this subdivision, "armed
forces" means that term as defined in section 2 of the veteran right to
employment services act, 1994 PA 39, MCL 35.1092.
(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 that occupation, 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.
(3) A temporary license or registration issued under subsection
(2) is valid for 6 months and may be renewed for 1 additional 6-month term if
the department determines the temporary licensee or registrant continues to
meet the requirements of subsection (2) and needs additional time to fulfill
the requirements for initial licensure or registration in this state. The
department may place a limitation on a temporary license or certificate of
registration granted under this section.
Sec. 217. (1) Subject to subsection
(2), 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 one 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.
(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)
If the department determines that the issuance of a license or a certificate of
registration under subsection (1) for an occupation under this act may result
in a violation of a federal oversight or licensing guideline for that
occupation, the department shall not issue a license or a certificate of
registration.
(3)
This section does not prevent the department from issuing a temporary license under
section 213, a courtesy license under section 1806a, or issuing a license under
section 726, 1108(2), 1211, 1806(8), 2013, 2209, or 2623.
Sec. 2404b. (1)
Beginning June 1, 2008, an applicant for initial licensure either as a
residential builder or as a residential maintenance and alteration contractor
must successfully complete the prelicensure course of study requirements under
this subsection to obtain a license unless he or she is exempt from those
requirements under this section. All of the following apply for purposes of
this subsection:
(a) If an individual who holds a residential builder or a
residential maintenance and alteration contractor license, or an individual who
held a license as a qualifying officer of a licensed residential builder or
residential maintenance and alteration contractor, on June 1, 2008 is renewing
a license, he or she is exempt from the requirement of successfully completing
prelicensure courses described in this subsection.
(b) If an individual is applying for a license or relicensure
as a residential builder or residential maintenance and alteration contractor,
he or she is exempt from the requirement of successfully completing
prelicensure courses described in this subsection if all of the following are
met:
(i) His or her application
is submitted before the expiration of the 18-month period beginning on the effective date of the amendatory act that added this
subdivision. September 16, 2014. This
subdivision does not apply to applications that are submitted after that
18-month period.
(ii) He or she held an individual license as a residential
builder or residential maintenance and alteration contractor, or held a license
as a qualifying officer of a licensed residential builder or residential
maintenance and alteration contractor, at any time within the 9-year period
preceding his or her application.
(c) Unless he or she is
exempt under subdivision (a) or (b), an applicant shall not receive an initial
license under this act unless he or she successfully completed 60 hours of
approved prelicensure courses that include at least 6 hours of courses in each
of the following areas of competency:
(i) Business management, estimating, and job costing.
(ii) Design and building science.
(iii) Contracts, liability, and risk management.
(iv) Marketing and sales.
(v) Project management and scheduling.
(vi) The current Michigan residential
code.Residential Code.
(vii) Construction safety standards promulgated under the
Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.
(2) All of the following
apply to an individual license under this article, as applicable:
(a) Subject to
subdivision (b), if the individual licensee obtained his or her initial license
as a residential builder or a residential maintenance and alteration contractor
on or after January 1, 2009, he or she must successfully complete at least 21
hours of activities that demonstrate continuing competence in each 3-year
license cycle, including both of the following:
(i) At least 3 hours of activities that demonstrate continuing
competency in each calendar year, during the first 6 calendar years of
licensure.
(ii) At least 3 hours of activities designed to develop a
licensee's understanding and ability to apply state building codes and laws
relating to the licensed occupation, safety, and changes in construction and
business management laws.
(b) If an individual
licensee described in subdivision (a) was exempt from the prelicensure course
requirements of subsection (1) under subsection (1)(b) when he or she obtained
his or her initial license as a residential builder or residential maintenance
and alteration contractor, the hours of activities that he or she must complete
in the first year of his or her first 3-year license cycle under subdivision
(a) must include successful completion of at least 1 hour of codes, 1 hour of
safety, and 1 hour of legal issues described in this subsection.
(c) If the licensee was
initially licensed as a licensed residential builder or residential maintenance
and alteration contractor, or held a license as a qualifying officer of a
licensed residential builder or residential maintenance and alteration
contractor, before January 1, 2009, he or she has held a license for not more
than two 3-year license cycles, and the department has not taken disciplinary
action against him or her for a violation of this act or a rule promulgated
under this act, he or she must successfully complete at least 3 hours of
activities that demonstrate continuing competency in each 3-year license cycle
that includes at least 1 hour of codes, 1 hour of safety, and 1 hour of legal
issues described in this subsection.
(d) If the licensee has
held a license for more than two 3-year license cycles, and the department has
not taken disciplinary action against him or her for a violation of this act or
a rule promulgated under this act, he or she must successfully complete at
least 3 hours of activities demonstrating continuing competency in each license
cycle that includes 1 hour of codes, 1 hour of safety, and 1 hour of legal
issues as described in this subsection.
(3) In addition to the
requirements of subsection (2), if the department has taken disciplinary action
against a licensee for a violation of this act or a rule promulgated under this
act, the licensee must successfully complete, during the next complete license
cycle, at least 3 and not more than 21 hours of activities that demonstrate the
development of continuing competency during that next license cycle as
determined appropriate by order of the department. At least 3 hours of the
continuing competency must include 1 hour of codes, 1 hour of safety, and 1
hour of legal issues as described in subsection (2).
(4) Any construction
code update courses approved by the bureau of construction codes and any fire
safety or workplace safety courses approved or sponsored by the department are
also considered appropriate for fulfilling the continuing competency
requirements of this section. The department may, by rule, amend, supplement,
update, substitute, or determine equivalency regarding any courses or alternate
activities for developing continuing competency described in this section.
(5) The subject matter
of the prelicensure and continuing competency activities required under this
section may be offered by a high school, an intermediate school district, a
community college, a university, the bureau of construction codes, the Michigan
occupational safety and health administration, a trade association, or any
other proprietary school that is licensed by the department.
(6) The department shall
promulgate rules to provide for the following:
(a) Requirements other
than those listed in subsection (4) for determining that a course meets the
minimum criteria for developing and maintaining continuing competency.
(b) Requirements for
acceptable courses offered at seminars and conventions by trade associations,
research institutes, risk management entities, manufacturers, suppliers,
governmental agencies other than those named in subsection (4), consulting
agencies, or other entities.
(c) Acceptable distance
learning.
(d) Alternate forms of
continuing competency, including comprehensive testing, participation in
mentoring programs, research, participation in code hearings conducted by the international code council, International
Code Council, and publication of articles in trade journals or regional
magazines as an expert in the field. The alternate forms shall must be designed
to maintain and improve the licensee's ability to perform the occupation with competence
and shall prescribe proofs that are necessary to demonstrate that the licensee
has fulfilled the requirements of continuing competency.
(7) Each licensee may
select approved courses in his or her subject matter area or specialty. A
licensee's service as a lecturer or discussion leader in an approved course
shall count toward his or her continuing competency requirements under this
section. Alternate forms of continuing competency may be earned and documented
as promulgated in rules by the department.
(8) The department may
audit a predetermined percentage of licensees who renew in a year for
compliance with the requirements of this section. Failure to comply with the
audit or the requirements shall result in the investigation of a complaint
initiated by the department, and the licensee is subject to the penalties
prescribed in this act.
(9) Before the effective date of the amendatory act that added
subsection (10), September 16, 2014, a
licensed residential builder or residential alteration and maintenance
contractor may apply for inactive status by completing an application, made
available by the department, in which he or she declares that he or she is no
longer actively engaged in the practice authorized by his or her license and
temporarily intends to suspend activity authorized by his or her license. If a
completed application is submitted, the department shall designate the licensee
as inactive and note that status on records available to the public. A licensee
who is designated as inactive must have a current copy of the Michigan residential code Residential
Code and is exempt from the continuing competency requirements imposed
under this section, but must still pay the per-year license fee. An inactive
licensee may activate his or her license by submitting an application to the
department requesting activation of the license. If the department activates an
inactive license, the licensee must complete at least 1 credit hour of
activities that demonstrate continuing competency for that calendar year.
(10) An individual
licensee who applied for and was designated inactive under subsection (9)
before the effective date of this subsection September 16, 2014 may remain in inactive status after
that effective date by complying with the
requirements of subsection (9). A licensee who remains in inactive status after
the effective date of this subsection September 16, 2014 is exempt from the continuing
competency requirements of this section while he or she remains in inactive
status. A licensee may activate his or her license by submitting an application
to the department requesting activation of the license. If his or her license
is activated, the licensee must complete at least 1 credit hour of activities
that demonstrate continuing competency for that calendar year.
(11) Subject to
subsection (13), an applicant for initial licensure as a residential builder or
residential maintenance and alteration contractor is exempt from the
requirements of subsection (1) if he or she meets all of the following:
(a) Served in the armed forces.
(b) While serving in the
armed forces, was
engaged in the erection, construction, replacement, repair, alteration, or
demolition of buildings or other structures.
(c) Was separated from service
in the armed forces, and provides to the department a form DD214, form DD215, or
any other form that is satisfactory to the department that demonstrates that he
or she was separated from that service, with an honorable character of service
or under honorable conditions (general) character of service.
(d) Has, and provides
with his or her application an affidavit signed by a commanding officer,
supervisor, or military superior with direct knowledge of the applicant's
service that he or she has, entry-level experience in or basic knowledge of
each of the areas of competency described in subsection (1)(a) to (g).(1)(c).
(12) If an applicant who
otherwise meets the requirements of subsection (11) does not have entry-level
experience in or basic knowledge of each of the areas of competency described
in subsection (1)(a) to (g),(1)(c), he or she may provide with his or her
application an affidavit signed by a commanding officer, supervisor, or
military superior with direct knowledge of the applicant's service that states
in which of those areas of competency the applicant has entry-level experience
or basic knowledge, and the department may in its discretion grant the
applicant credit toward the 60-hour prelicensure education requirement of
subsection (1) based on that experience or knowledge.
(13) If an applicant for
initial licensure as a residential builder or residential maintenance and
alteration contractor described in subsection (11) does not pass the
examination for that license the first time he or she takes the examination,
that applicant may not retake the examination until he or she successfully
completes a prelicensure course of study described in subsection (1).
(14) As used in the section, "armed forces" means
that term as defined in section 2 of the veteran right to employment services
act, 1994 PA 39, MCL 35.1092.
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 all of the following bills of the 101st Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____
(request no. 01673'21).
(b) Senate Bill No.____ or House Bill No.____ (request no. 01674'21).
