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.