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SENATE BILL NO. 1057
A bill to amend 2016 PA 407, entitled
"Skilled trades regulation act,"
by amending sections 202, 203, and 217 (MCL 339.5202, 339.5203, and
339.5217), section 202 as added by 2018 PA 454.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 202. (1) The department shall establish a procedure that 1
allows an individual to obtain a preliminary determination from the 2
department concerning whether any court judgments against him or 3
her the individual would likely result in a denial of a license or 4
June 23, 2026, Introduced by Senators MCBROOM, GEISS, CHANG, SANTANA,
MCMORROW, DAMOOSE, BAYER and HUIZENGA and referred to Committee on
Regulatory Affairs.
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registration for failing to meet the good moral character 1
requirement for that license. or registration. 2
(2) All of the following apply for purposes of subsection (1): 3
(a) To obtain a preliminary determination under this section, 4
an individual must file a request that meets all of the following: 5
(i) Is submitted on a form provided by the department. 6
(ii) Identifies the license or registration for which he or she 7
the individual may apply. 8
(iii) Includes a detailed description of any criminal 9
proceedings that resulted in a judgment against him or her.the 10
individual. 11
(iv) Includes the nonrefundable fee required by the department. 12
(b) The department shall only consider the information 13
provided by an individual under subdivision (a)(ii) and (iii) in 14
making a preliminary determination. An individual may include a 15
statement with the request describing additional information for 16
consideration by the department, including, but not limited to, 17
information described in section 2(4) of 1974 PA 381, MCL 338.42. 18
(c) A preliminary determination under this section that is 19
adverse to an individual does not prevent the individual from 20
subsequently applying for a license. or registration. 21
(d) The department or a board is not bound by a preliminary 22
determination under this section that is not adverse to an 23
individual if the individual applies for a license or registration 24
under this act unless, at the time a full application for a license 25
is submitted, the applicant has subsequently been convicted of a 26
felony or has a previously undisclosed criminal conviction. 27
(e) The issuance of a preliminary determination under this 28
section does not limit the authority of the department to review 29
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applications for a license or registration, or to issue or deny a 1
license or registration. 2
(e) (f) The department shall notify an individual of a 3
preliminary determination by delivering a preliminary determination 4
letter to the individual, in a form determined by the department, 5
not later than 60 days after the date a request for a preliminary 6
determination was received. 7
(3) An individual shall not request more than 1 preliminary 8
determination under this section in any 120-day period. 9
(4) The department shall not require an individual to complete 10
any educational or training requirements before submitting a 11
request for a preliminary determination. 12
Sec. 203. (1) The department may issue a license to an 13
individual under a specific article of this act if the individual 14
demonstrates to the satisfaction of the department and a board, in 15
the manner required under article 5, that the licensure 16
requirements do not constitute a fair and adequate measure of the 17
individual's knowledge and skills or that a required examination 18
for receipt of a license does not serve as an adequate basis for 19
determining whether an individual could perform an occupation with 20
competence. 21
(2) The department shall not issue and a person an individual 22
shall not receive a license under this act until the person 23
individual pays the appropriate fees established by rule 24
promulgated by the department under section 207. 25
(3) The department shall not deny a license to an individual 26
under this act due to the individual's criminal history without 27
first making a determination as to the individual's good moral 28
character. 29
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(4) (3) The department may issue a license under this act with 1
a limitation. If the department intends to impose a limitation on 2
the issuance of a license of a person an individual under a 3
specific article of this act, the department shall notify the 4
appropriate board of its the department's intent, and the 5
department may impose the limitation only with the approval of that 6
board. However, if If a board, within not later than 60 days after 7
it the board receives notification by the department under this 8
subsection, does not approve or disapprove of the imposition of the 9
limitation, the department may impose the limitation. A person that 10
An individual who receives a license with a limitation may receive 11
a review of the decision to place the limitation on the license 12
under section 533. 13
Sec. 217. The department shall prepare and publish an annual 14
report describing the activities of the department and each board. 15
The annual report shall be filed with the governor and the 16
legislature. The department shall include within the report the 17
following information concerning the preceding state fiscal year: 18
(a) The number of applications denied by the department. 19
(b) The number of applications denied by the department 20
because of an applicant's lack of good moral character and a 21
summary, by license and by category of offense, of the criminal 22
convictions on which those denials were based. 23