HB-4772, As Passed House, October 11, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4772

      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:

3       Accountancy                                    July 1

4       Architects                                     April 1

5       Auctioneers                                    October 1

6       Barbers                                        October 1

1       Collection agencies                            July 1

2       Community planners                             July 1

3       Cosmetology                                    January 1

4       Employment agencies                            October 1

5       Foresters                                      April 1

6       Hearing aid dealers                            October 1

7       Interior design                                January 1

8       Land surveyors                                 April 1

9       Landscape architects                           July 1

10      Mortuary science                               July 1

11      Professional engineers                         April 1

12      Real estate appraisers                         July 1

13      Real estate brokers and salespersons           July 1

14      Residential builders                           April 1

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

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

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

18  a license or registration issued by the department for the

19  occupation.

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

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

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

23  licensed or approved by the department.

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

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

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

27  90 days, or both.

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

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

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

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

 4  more than 1 year, or both.

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

 6  remedy, an affected person may maintain injunctive action to

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

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

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

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

11  practicing the following:

12        (a) Interior design.

13  (a) (b) Building design.

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

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

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

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

18  to 338.988.

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

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

21  338.892.

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

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

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

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

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

27  person engaging in or attempting to engage in an occupation

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

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

 3  private association composed primarily of members of the

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

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

 6  under this act without being registered or licensed by the

 7  department.

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

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

10  subject to this section and section 506.

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

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

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

14  remedy by another person.

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

16  with the design of interior spaces including preparation of

17  documents relative to finishes, systems furniture, furnishings,

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

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

20  systems.

21                            ARTICLE 28

22  Sec. 2801. As used in this article:

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

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

25  design documents relative to finishes, systems furniture,

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

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

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

 2  safety systems.

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

 4  design services.

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

 6  both of the following:

 7        (i

 8  ) Has a substantial and negative impact on the health, safety,

 9  and welfare of the occupants of the interior space after

10  installation of the finishes, systems furniture, furnishings,

11  fixtures, equipment, lighting, and interior building partitions

12  based upon placement or material composition.

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

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

15  modification of the interior design documents is needed to

16  correct that incompatibility with the building or fire safety

17  code.

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

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

20  are as prescribed by article 3.

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

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

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

24  licensure under this article unless licensed under this article.

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

26  or otherwise qualified or approved by a private organization from

27  using a term or title copyrighted or otherwise protected under

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

 2  connote licensure under this article.

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

 4  provide interior design services unless licensed under this

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

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

 7  article:

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

 9  occupation or profession who is engaging in interior design

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

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

12  himself or herself out as an interior designer.

13        (b) An owner or employee of a retail establishment providing

14  interior design services on the premises of a retail

15  establishment or in the furtherance of a retail sale, so long as

16  he or she does not advertise, or represent himself or herself, as

17  an interior designer.

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

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

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

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

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

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

24        (e) A person providing interior design services for

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

26  or herself out as an interior designer.

27        (f) An individual engaging in interior design services

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

 2  licensees solely for the purpose of obtaining the experience

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

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

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

 6  supplied by the department and pay the appropriate application

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

 8  section, the applicant shall meet the examination requirements of

 9  subsection (3).

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

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

12  license shall be for a term of 3 years.

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

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

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

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

17  combined education and experience in providing interior design

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

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

20  601a is eligible for a license under this act if he or she

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

22  the amendatory act that added this article and pays the

23  appropriate license fee.

24        (4) For applicants not applying for licensure under

25  subsection (3), the most current examination offered by the

26  national council for interior design qualification and the

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

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

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

 3  council for interior design qualification examination and the

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

 5  examination or another examination considered by the board to be

 6  the equivalent of the most recent national council for interior

 7  design qualification examination and the education, experience,

 8  and other qualifications to sit for that examination.

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

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

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

12  country has substantially similar requirements for licensure and

13  allows reciprocity to Michigan licensees.

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

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

16  licensed interior designers.

17        Sec. 2815. Beginning the license renewal cycle after the

18  effective date of the rules promulgated under this section, the

19  director shall require a demonstration of continuing professional

20  competence for renewal of a license under this article.

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

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

23  and a legend indicating "licensed interior designer".

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

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  license or seal of another.

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

 5  licensed 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 licensee as required by this article.

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

11  1980 PA 299, MCL 339.601a, is repealed.

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

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

14  enacted into law:

15        (a) House Bill No. 4770.

16        (b) House Bill No. 4771.