HB-4311, As Passed House, February 8, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4311

      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 1995 PA 183 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:

3                                                    Accountancy    July 1

4                                                    Architects     April 1

5   Athletic board of control    April 1

6                                                    Barbers        October 1

7                                                    Collection agencies     July 1

1                                                    Community planners      July 1

2                                                    Cosmetology    January 1

3                                                    Employment agencies    October 1

4                                                    Foresters      April 1

5                                                    Hearing aid dealers    October 1

6   Interior design    January 1

7                                                    Land surveyors April 1

8                                                    Landscape architects    July 1

9   Marriage counselors    October 1

10                                                   Mortuary science        July 1

11  Nursing home administrators    January 1

12                                                   Professional engineers  April 1

13                                                   Real estate appraisers  July 1

14                                                   Real estate brokers and salespersons                                        July 1

15                                                   Residential builders    April 1

16  Social workers October 1

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

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

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

20  a license or registration issued by the department for the

21  occupation.

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

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

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

25  licensed or approved by the department.

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

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

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

 1  90 days, or both.

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

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

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

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

 6  more than 1 year, or both.

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

 8  remedy, an affected person may maintain injunctive action to

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

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

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

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

13  practicing the following:

14        (a) Interior design.

15  (a)  (b) Building design.

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

17  under the state plumbing act, 2002 PA 733, MCL 338.3511 to

18  338.3569.

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

20  under the Forbes mechanical contractors act, 1984 PA 192, MCL

21  338.971 to 338.988.

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

23  under the electrical administrative act, 1956 PA 217, MCL 338.881

24  to 338.892.

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

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

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

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

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

 3  person engaging in or attempting to engage in an occupation

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

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

 6  private association composed primarily of members of the

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

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

 9  under this act without being registered or licensed by the

10  department.

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

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

13  subject to this section and section 506.

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

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

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

17  remedy by another person.

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

19  with the design of interior spaces including preparation of

20  documents relative to finishes, systems furniture, furnishings,

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

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

23  systems.

24  ARTICLE 28

25  Sec. 2801. As used in this article:

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

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

 1  design documents, relative to finishes, systems furniture,

 2  furnishings, fixtures, equipment, lighting, outlets and

 3  switching, and non-load-bearing interior partitions that do not

 4  materially affect the building mechanical, structural,

 5  electrical, or fire safety systems.

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

 7  design services.

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

 9  both of the following:

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

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

12  installation of the finishes, systems furniture, furnishings,

13  fixtures, equipment, lighting, and interior building partitions

14  based upon placement or material composition.

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

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

17  modification of the interior design documents is needed to

18  correct that incompatibility with the building or fire safety

19  code.

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

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

22  are as prescribed by section 303.

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

24  (2), a person shall not use a term or title "registered interior

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

26  registration under this article unless registered under this

27  article.

House Bill No. 4311 (H-3) as amended February 7, 2006

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

 2  or otherwise qualified or approved by a private organization from

 3  using a term or title copyrighted or otherwise protected under

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

 5  connote registration under this article.

 6        Sec. 2807. [(1)] An individual not registered under this

 7  article may provide or offer to provide interior design services

 8  so long as he or she does not use the terms "registered interior

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

10  registration under this article.

11        [(2) A person providing interior design services in a

12  detached 1- or 2-family residence may provide or offer to provide

13  interior design services so long as he or she does not hold

14  himself or herself out as an interior designer.]

15        Sec. 2809. (1) An applicant for registration under this

16  article shall submit a completed application to the department on

17  a form supplied by the department and pay the appropriate

18  application and per-year registration fee. Except as otherwise

19  provided in this section, the applicant shall meet the

20  examination requirements of subsection (3).

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

22  department shall issue a registration only to an individual for a

23  term of 3 years.

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

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

26  effective date, the department shall issue a registration to an

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

 1  combined education and experience in providing interior design

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

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

 4  601a is eligible for a registration under this article if he or

 5  she applies for registration within 1 year after the effective

 6  date of the amendatory act that added this article and pays the

 7  appropriate registration fee.

 8        (4) For applicants not applying for registration under

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

10  national council for interior design qualification and the

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

12  examination are adopted by reference. The board, by promulgation

13  of a rule, may adopt another version of the national council for

14  interior design qualification examination and the education,

15  experience, and other qualifications to sit for that examination

16  or another examination considered by the board to be the

17  equivalent of the most recent national council for interior

18  design qualification examination and the education, experience,

19  and other qualifications to sit for that examination.

20        Sec. 2811. The department shall issue a registration to an

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

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

23  country has substantially similar requirements for registration

24  or licensure and allows reciprocity to Michigan registrants.

25        Sec. 2813. The department, in consultation with the board

26  and by adoption of a rule, shall establish standards of conduct

27  for registered interior designers.

 1        Sec. 2815. (1) Beginning the registration renewal cycle

 2  after the effective date of the rules promulgated under this

 3  section, an individual registered under this article shall meet

 4  the continuing education requirements of this section when

 5  renewing his or her registration.

 6        (2) The department, in consultation with the board, shall

 7  promulgate rules to require a registrant seeking renewal to

 8  furnish evidence that during the 3 years immediately preceding

 9  application for renewal, the registrant attended continuing

10  education courses or programs related to the providing of

11  interior design services and designed to further educate

12  registrants.

13        (3) The department, in consultation with the board, shall

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

15  hours at a minimum of 45 clock hours in any 3-year registration

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

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

18  education courses include defined measurements of preknowledge

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

20  the continuing education program.

21        Sec. 2817. (1) An individual, upon being registered, shall

22  obtain a seal authorized by the board bearing the registrant's

23  name and a legend indicating "registered interior designer".

24        (2) A plan, report, or specification issued by a registrant

25  shall be sealed when filed with a public authority.

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

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

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

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

 3  registration or seal of another.

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

 5  registered under this article.

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

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

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

 9  does not bear a seal of a registrant as required by this article.

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

11  1980 PA 229, MCL 339.601a, is repealed.

12        Enacting section 2.  This amendatory act does not take

13  effect unless all of the following bills of the 93rd Legislature

14  are enacted into law:

15        (a) House Bill No. 4262.

16        (b) House Bill No. 4312.