MI SB0040

The Michigan Law Revision Commission must review bills that enact or amend occupational regulations to determine if they use the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms to public health and safety.

The Commission may require proponents of occupational licensing legislation to submit evidence of harms to consumers and must evaluate effects on worker opportunities, consumer choices and costs, unemployment, competition, and government costs.

Beginning January 1, 2020, the Commission shall review approximately 20% of state-regulated occupations annually, reviewing all occupational regulations over a 5-year cycle using a rebuttable presumption that market competition and private remedies sufficiently protect consumers.

When reviewing regulations, the Commission must consider less restrictive alternatives including fraud enforcement, inspections, bonding, registration, voluntary certification, and private civil causes of action before recommending occupational licensing.

The Commission must submit annual reports by January 31 of each year recommending either that the legislature repeal regulations, convert them to less restrictive forms, instruct licensing boards to revise regulations, or take no action.