HB-5955, As Passed Senate, December 13, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5955

     A bill 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.