November 1, 2017, Introduced by Reps. Hernandez, Johnson, Barrett, Noble, Hornberger, LaFave, Brann, Glenn, Bellino, Howell, Robinson, Lucido, Howrylak, Miller, Wentworth, Runestad, Pagel, Calley, Webber and Graves and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 601 (MCL 339.601), as amended by 2016 PA 412.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 601. (1) A person shall not engage in or attempt to
engage in the practice of an occupation regulated under this act or
use a title designated in this act unless the person possesses a
license or registration issued by the department for the
occupation.
(2) A school, institution, or person shall not operate or
attempt to operate a barber college, school of cosmetology, or real
estate school unless the school, institution, or person is licensed
or approved by the department.
(3) Subject to section 411, a person whose license or
registration is suspended, revoked, or lapsed, as determined by the
records of the department, is considered unlicensed or
unregistered.
(4) Except as otherwise provided for in subsection (8) and
section 735, a person, school, or institution that violates
subsection (1) or (2) is guilty of a misdemeanor, punishable by a
fine of not more than $500.00, or imprisonment for not more than 90
days, or both.
(5) Except as otherwise provided for in section 735, a person,
school, or institution that violates subsection (1) or (2) a second
or any subsequent time is guilty of a misdemeanor, punishable by a
fine of not more than $1,000.00, or imprisonment for not more than
1 year, or both.
(6) Notwithstanding subsections (4) and (5), a person that is
not licensed under article 24 as a residential builder or a
residential maintenance and alteration contractor and that violates
subsection (1) or (2) is guilty as follows:
(a) In the case of a first offense, a misdemeanor punishable
by a fine of not less than $5,000.00 or more than $25,000.00, or
imprisonment for not more than 1 year, or both.
(b) In the case of a second or subsequent offense, a
misdemeanor punishable by a fine of not less than $5,000.00 or more
than $25,000.00, or imprisonment for not more than 2 years, or
both.
(c) In the case of an offense that causes death or serious
injury, a felony punishable by a fine of not less than $5,000.00 or
more than $25,000.00, or imprisonment for not more than 4 years, or
both.
(7) Notwithstanding subsections (4) and (5), a person that is
not licensed under article 20 as an architect, professional
engineer, or professional land surveyor and that violates
subsection (1) or (2) is guilty as follows:
(a) In the case of a first offense, a misdemeanor punishable
by a fine of not less than $5,000.00 or more than $25,000.00 or
imprisonment for not more than 93 days, or both.
(b) In the case of a second or subsequent offense, a
misdemeanor punishable by a fine of not less than $5,000.00 or more
than $25,000.00 or imprisonment for not more than 1 year, or both.
(c) In the case of an offense that causes death or serious
injury, a felony punishable by a fine of not less than $5,000.00 or
more than $25,000.00 or imprisonment for not more than 4 years, or
both.
(8) A prosecuting attorney or the attorney general may bring
an action for a civil violation in a court of competent
jurisdiction against an individual who violates subsection (1) in
connection with an occupation or title regulated under article 10,
11, 12, 13, 21, or 22. In an action brought under this subsection,
the court may assess the defendant a civil fine of not more than
$500.00.
(9) (8)
If a trier of fact finds that a
person has violated
this act, the trier of fact shall require that person to make
restitution, based on proofs submitted to and findings made by the
trier of fact as provided by law.
(10) (9)
Notwithstanding the existence and
pursuit of any
other remedy, an affected person may maintain injunctive action to
restrain or prevent a person from violating subsection (1) or (2).
If successful in obtaining injunctive relief, the affected person
is entitled to actual costs and attorney fees.
(11) (10)
This act does not apply to a person
that is engaging
in or practicing any of the following:
(a) Interior design.
(b) Residential building design. As used in this subdivision,
"residential building design" means the rendering of residential
design services for a detached 1- and 2-family residence building
by a person that is exempt from the requirements of section 2012.
(c) Any activity for which the person is licensed under
article 11 of the skilled trades regulation act, 2016 PA 407, MCL
339.6101 to 339.6133.
(d) Any activity for which the person is licensed under
article 8 of the skilled trades regulation act, 2016 PA 407, MCL
339.5801 to 339.5819.
(e) Any activity for which the person is licensed under
article 7 of the skilled trades regulation act, 2016 PA 407, MCL
339.5701 to 339.5739.
(12) (11)
As used in subsection (9), (10), "affected
person"
means a person that is directly affected by the actions of a person
suspected of violating subsection (1) or (2) and includes, but is
not limited to, a licensee or registrant, a board established under
this act, the department, a person that utilizes the services of
the person that is engaging in or attempting to engage in an
occupation that is regulated under this act or using a title that
is designated by this act without being licensed or registered by
the department, or a private association that is composed primarily
of members of the occupation in which the person is engaging in or
attempting to engage in or in which the person is using a title
designated under this act without being registered or licensed by
the department.
(13) (12)
An investigation may be conducted
under article 5 to
enforce this section. A person that violates this section is
subject to this section and sections 506, 602, and 606.
(14) (13)
The department, the attorney
general, or a county
prosecutor may utilize forfeiture as a remedy in the manner
provided for in section 606.
(15) (14)
The remedies under this section are
independent and
cumulative. The use of 1 remedy by a person does not bar the use of
other lawful remedies by that person or the use of a lawful remedy
by another person.
(16) (15)
An interior designer may perform
services in
connection with the design of interior spaces including preparation
of documents relative to finishes, systems furniture, furnishings,
fixtures, equipment, and interior partitions that do not affect the
building mechanical, structural, electrical, or fire safety
systems.
(17) (16)
At the time a court enters a
conviction under
subsection (4), (5), or (6), the court shall notify, by mail,
facsimile transmission, or electronic mail, the department of the
conviction.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.