Bill Text: MI HB5955 | 2017-2018 | 99th Legislature | Chaptered

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Bill Title: Occupations; individual licensing and regulation; authority of political subdivisions to enforce or impose occupational fees or licensing requirements or to regulate certain professions; limit. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - Presented To The Governor 12/21/2018 @ 3:06 Pm [HB5955 Detail]

Download: Michigan-2017-HB5955-Chaptered.html

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Act No. 493

Public Acts of 2018

Approved by the Governor

December 26, 2018

Filed with the Secretary of State

December 27, 2018

EFFECTIVE DATE: December 27, 2018

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Rep. Lower

ENROLLED HOUSE BILL No. 5955

AN ACT to limit the authority of political subdivisions to impose licensing regulation.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the “local government occupational licensing act”.

Sec. 3. As used in this act:

(a) “Licensing” means any training, education, or fee required for an individual to perform work in a specific occupation in a political subdivision, in this state, or in any other governmental unit in this state. The term includes registration.

(b) “Licensing authority” means an agency, examining board, credentialing board, or other office of a political subdivision or other governmental unit that has the authority to impose fees or other licensing requirements on an individual as a condition to performing work in a specific occupation in that governmental unit.

(c) “Political subdivision” means a city, township, village, or county of this state.

(d) “Registration” means an authorization to use a designated title while performing work in a specific occupation in a political subdivision, in this state, or in any other governmental unit in this state.

Sec. 5. (1) Beginning January 1, 2018, a political subdivision shall not impose any licensing requirements on any individuals who perform a specific occupation if the political subdivision does not already impose licensing requirements on that occupation. However, a political subdivision may continue to regulate any occupation that is subject to licensing requirements in that political subdivision before January 1, 2018.

(2) If an occupation is subject to licensing requirements imposed by the department of licensing and regulatory affairs or any other licensing authority of this state, a political subdivision of this state shall not impose any regulations on that occupation that add additional licensing requirements to those already imposed by the licensing authority of this state.

(3) Beginning January 1, 2018, if the department of licensing and regulatory affairs or any other licensing authority of this state imposes any new licensing requirements on any occupation that was previously unregulated by the state, and if the political subdivision has licensing requirements that regulate that occupation in effect at the time the new state licensing requirements take effect, the political subdivision may not continue to enforce its licensing requirements for that occupation on or after the date when the state licensing requirements take effect.

Sec. 11. This act does not apply to any licensing requirements that are subject to any of the following laws of this state:

(a) Sections 733 and 735 of the skilled trades regulation act, 2016 PA 407, MCL 339.5733 and 339.5735.

(b) Section 2 of 1976 PA 333, MCL 338.2152.

(c) Section 6 of the security alarm systems act, 2012 PA 580, MCL 338.2186.

Enacting section 1. This act is retroactive and takes effect January 1, 2018.

Enacting section 2. This act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

(a) House Bill No. 5956.

(b) House Bill No. 5957.

(c) House Bill No. 5958.

(d) House Bill No. 5959.

(e) House Bill No. 5960.

(f) House Bill No. 5961.

(g) House Bill No. 5962.

(h) House Bill No. 5963.

(i) House Bill No. 5964.

(j) House Bill No. 5965.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor