HOUSE BILL No. 4772

 

May 16, 2007, Introduced by Reps. Meisner, Huizenga, Vagnozzi, Coulouris, Johnson, Gonzales, Polidori, Cushingberry, Robert Jones, Valentine, Meadows, Gillard, Leland, Spade, Meekhof, Nitz, Emmons, Stahl, Steil, Pearce, Stakoe and Rick Jones and referred to the Committee on Commerce.

 

      A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending sections 303a and 601 (MCL 339.303a and 339.601),

 

section 303a as amended by 2006 PA 489 and section 601 as amended

 

by 2005 PA 278, and by adding article 28; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 303a. The terms provided for in this act shall commence

 

 2  on the following dates:

 

 

     Accountancy                                    July 1

     Architects                                     April 1

     Auctioneers                                    October 1

     Barbers                                        October 1

     Collection agencies                            July 1

     Community planners                             July 1

     Cosmetology                                    January 1


     Employment agencies                            October 1

     Foresters                                      April 1

     Hearing aid dealers                            October 1

     Interior design                                January 1

     Land surveyors                                 April 1

     Landscape architects                           July 1

     Mortuary science                               July 1

     Professional engineers                         April 1

     Real estate appraisers                         July 1

10      Real estate brokers and salespersons           July 1

11      Residential builders                           April 1

 

 

12        Sec. 601. (1) A person shall not engage in or attempt to

 

13  engage in the practice of an occupation regulated under this act

 

14  or use a title designated in this act unless the person possesses

 

15  a license or registration issued by the department for the

 

16  occupation.

 

17        (2) A school, institution, or person shall not operate or

 

18  attempt to operate a barber college, school of cosmetology, or

 

19  real estate school unless the school, institution, or person is

 

20  licensed or approved by the department.

 

21        (3) A person, school, or institution that violates

 

22  subsection (1) or (2) is guilty of a misdemeanor, punishable by a

 

23  fine of not more than $500.00, or imprisonment for not more than

 

24  90 days, or both.

 

25        (4) A person, school, or institution that violates

 

26  subsection (1) or (2) a second or any subsequent time is guilty

 

27  of a misdemeanor, punishable, except as provided in section 735,

 

28  by a fine of not more than $1,000.00, or imprisonment for not


 

 1  more than 1 year, or both.

 

 2        (5) Notwithstanding the existence and pursuit of any other

 

 3  remedy, an affected person may maintain injunctive action to

 

 4  restrain or prevent a person from violating subsection (1) or

 

 5  (2). If successful in obtaining injunctive relief, the affected

 

 6  person shall be entitled to actual costs and attorney fees.

 

 7        (6) This act does not apply to a person engaging in or

 

 8  practicing the following:

 

 9        (a) Interior design.

 

10        (a) (b) Building design.

 

11        (b) (c) Any activity for which the person is licensed under

 

12  the state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569.

 

13        (c) (d) Any activity for which the person is licensed under

 

14  the Forbes mechanical contractors act, 1984 PA 192, MCL 338.971

 

15  to 338.988.

 

16        (d) (e) Any activity for which the person is licensed under

 

17  the electrical administrative act, 1956 PA 217, MCL 338.881 to

 

18  338.892.

 

19        (7) As used in subsection (5), "affected person" means a

 

20  person directly affected by the actions of a person suspected of

 

21  violating subsection (1) or (2) and includes, but is not limited

 

22  to, a licensee or registrant, a board established pursuant to

 

23  under this act, a person who has utilized the services of the

 

24  person engaging in or attempting to engage in an occupation

 

25  regulated under this act or using a title designated by this act

 

26  without being licensed or registered by the department, or a

 

27  private association composed primarily of members of the


 

 1  occupation in which the person is engaging in or attempting to

 

 2  engage in or in which the person is using a title designated

 

 3  under this act without being registered or licensed by the

 

 4  department.

 

 5        (8) An investigation may be conducted under article 5 to

 

 6  enforce this section. A person who violates this section shall be

 

 7  subject to this section and section 506.

 

 8        (9) The remedies under this section are independent and

 

 9  cumulative. The use of 1 remedy by a person shall not bar the use

 

10  of other lawful remedies by that person or the use of a lawful

 

11  remedy by another person.

 

12        (10) An interior designer may perform services in connection

 

13  with the design of interior spaces including preparation of

 

14  documents relative to finishes, systems furniture, furnishings,

 

15  fixtures, equipment, and interior partitions that do not affect

 

16  the building mechanical, structural, electrical, or fire safety

 

17  systems.

 

18                            ARTICLE 28

 

19        Sec. 2801. As used in this article:

 

20        (a) "Interior design services" means services in connection

 

21  with the design of interior spaces, including the preparation of

 

22  design documents, relative to finishes, systems furniture,

 

23  furnishings, fixtures, equipment, lighting outlets and switching,

 

24  and non-load-bearing interior partitions that do not materially

 

25  affect the building mechanical, structural, electrical, or fire

 

26  safety systems.

 

27        (b) "Interior designer" means a person performing interior


 

 1  design services.

 

 2        (c) "Materially affect" means activity that is either or

 

 3  both of the following:

 

 4        (i) Has a substantial and negative impact on the health,

 

 5  safety, and welfare of the occupants of the interior space after

 

 6  installation of the finishes, systems furniture, furnishings,

 

 7  fixtures, equipment, lighting, and interior building partitions

 

 8  based upon placement or material composition.

 

 9        (ii) Is incompatible with the applicable building code or

 

10  fire safety code to such a degree that more than a minor

 

11  modification of the interior design documents is needed to

 

12  correct that incompatibility with the building or fire safety

 

13  code.

 

14        Sec. 2803. (1) There is created a board of interior design.

 

15        (2) The terms of the board members and their qualifications

 

16  are as prescribed by section 303.

 

17        Sec. 2805. (1) Except as otherwise provided in subsection

 

18  (2), a person shall not use a term or title "licensed interior

 

19  designer", "interior designer", or other term or title connoting

 

20  licensure under this article unless licensed under this article.

 

21        (2) This article does not prohibit an individual certified

 

22  or otherwise qualified or approved by a private organization from

 

23  using a term or title copyrighted or otherwise protected under

 

24  law by the certifying organization so long as the use does not

 

25  connote licensure under this article.

 

26        Sec. 2807. (1) An individual shall not provide or offer to

 

27  provide interior design services unless licensed under this


 

 1  article or exempt from licensure under subsection (2).

 

 2        (2) The following are exempt from licensure under this

 

 3  article:

 

 4        (a) A person licensed under another regulated or licensed

 

 5  occupation or profession who is engaging in interior design

 

 6  services that are within the scope of practice of that person's

 

 7  occupation or profession so long as he or she does not hold

 

 8  himself or herself out as an interior designer.

 

 9        (b) An employee of a retail establishment providing interior

 

10  design services on the premises of a retail establishment or in

 

11  the furtherance of a retail sale, so long as he or she does not

 

12  advertise, or represent himself or herself, as an interior

 

13  designer.

 

14        (c) A person engaging in interior design services on

 

15  property owned or leased by that person so long as he or she does

 

16  not hold himself or herself out as an interior designer.

 

17        (d) A person engaging in interior design services without

 

18  compensation on property of another person so long as he or she

 

19  does not hold himself or herself out as an interior designer.

 

20        (e) A person providing interior design services for

 

21  residential purposes, so long as he or she does not hold himself

 

22  or herself out as an interior designer.

 

23        (f) An individual engaging in interior design services

 

24  without a license but under the supervision of 1 or more

 

25  licensees solely for the purpose of obtaining the experience

 

26  required under section 2809(3) or (4).

 

27        Sec. 2809. (1) An applicant for licensure under this article


 

 1  shall submit a completed application to the department on a form

 

 2  supplied by the department and pay the appropriate application

 

 3  and per-year license fee. Except as otherwise provided in this

 

 4  section, the applicant shall meet the examination requirements of

 

 5  subsection (3).

 

 6        (2) Upon approval of an application properly submitted, the

 

 7  department shall issue a license only to an individual. The

 

 8  license shall be for a term of 3 years.

 

 9        (3) Beginning the effective date of the amendatory act that

 

10  added this article and until the expiration of 1 year after that

 

11  effective date, the department shall issue a license to an

 

12  individual that submits, by affidavit, proof of 6 years of

 

13  combined education and experience in providing interior design

 

14  services, with at least 2 of those 6 years being practical

 

15  experience. A person on the list compiled under former section

 

16  601a is eligible for a license under this act if he or she

 

17  applies for licensure within 1 year after the effective date of

 

18  the amendatory act that added this article and pays the

 

19  appropriate license fee.

 

20        (4) For applicants not applying for licensure under

 

21  subsection (3), the complete 2003 examination offered by the

 

22  national council for interior design qualification and the

 

23  education, experience, and other qualifications to sit for that

 

24  examination are adopted by reference. The board and director, by

 

25  promulgation of a rule, may adopt another version of the national

 

26  council for interior design qualification examination and the

 

27  education, experience, and other qualifications to sit for that


 

 1  examination or another examination considered by the board to be

 

 2  the equivalent of the most recent national council for interior

 

 3  design qualification examination and the education, experience,

 

 4  and other qualifications to sit for that examination.

 

 5        Sec. 2811. The department shall issue a license to an

 

 6  individual from another jurisdiction, state, or country upon a

 

 7  determination of the board that the other jurisdiction, state, or

 

 8  country has substantially similar requirements for licensure and

 

 9  allows reciprocity to Michigan licensees.

 

10        Sec. 2813. The director, in consultation with the board and

 

11  by adoption of a rule, shall establish standards of conduct for

 

12  licensed interior designers.

 

13        Sec. 2815. (1) Beginning the license renewal cycle after the

 

14  effective date of the rules promulgated under this section, an

 

15  individual licensed under this article shall meet the continuing

 

16  education requirements of this section when renewing his or her

 

17  license.

 

18        (2) The director, in consultation with the board, shall

 

19  promulgate rules to require a licensee seeking renewal to furnish

 

20  evidence that during the 3 years immediately preceding

 

21  application for renewal, the licensee attended continuing

 

22  education courses or programs related to the practice of interior

 

23  design and designed to further educate licensees.

 

24        (3) The director, in consultation with the board, shall

 

25  establish by rule the total number of course or program clock

 

26  hours at a minimum of 45 clock hours in any 3-year license

 

27  renewal cycle. A portion of those clock hours must be in ethics.


 

 1        (4) The department shall ensure that all approved continuing

 

 2  education courses include defined measurements of preknowledge

 

 3  and postknowledge or skill improvements, or both, as a result of

 

 4  the continuing education program.

 

 5        Sec. 2817. (1) An individual, upon being licensed, shall

 

 6  obtain a seal authorized by the board bearing the licensee's name

 

 7  and a legend indicating "licensed interior designer".

 

 8        (2) A plan, report, or specification issued by a licensee

 

 9  shall be sealed when filed with a public authority.

 

10        Sec. 2819. A person who violates this article or rules

 

11  promulgated under this article or who does 1 or more of the

 

12  following is subject to the penalties set forth in article 6:

 

13        (a) Presents or attempts to use, as the person's own, the

 

14  license or seal of another.

 

15        (b) Uses a term protected by this article without being

 

16  licensed under this article.

 

17        (c) Submits to a public official in this state or a

 

18  political subdivision of this state for approval a permit or a

 

19  plan, report, or specification for filing as a public record that

 

20  does not bear a seal of a licensee as required by this article.

 

21        Enacting section 1. Section 601a of the occupational code,

 

22  1980 PA 299, MCL 339.601a, is repealed.

 

23        Enacting section 2. This amendatory act does not take effect

 

24  unless all of the following bills of the 94th Legislature are

 

25  enacted into law:

 

26        (a) Senate Bill No.____ or House Bill No. 4771(request no.

 

27  00416'07 a **).


 

 1        (b) Senate Bill No.____ or House Bill No. 4770(request no.

 

 2  00416'07 b **).