HB-5874, As Passed House, June 29, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 5874
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 601 (MCL 339.601), as amended by 2005 PA 278,
and by adding section 2006.
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) 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.
(4) A person, school, or institution that violates subsection
(1) or (2) a second or any subsequent time is guilty of a
misdemeanor
, punishable, except as provided in section 735, by a
fine
of not more than $1,000.00 , or imprisonment for not more
than 1 year, or both.
(5) Notwithstanding subsections (3) and (4), a person not
licensed under article 20 as an architect, professional engineer,
or professional land surveyor who 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 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 a third or subsequent offense, 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.
(6) Any violation of this act shall include a requirement that
restitution be made, based upon proofs submitted to and findings
made by the trier of fact as provided by law.
(7) (5)
Notwithstanding the existence and pursuit of any
other remedy, an affected person may maintain injunctive action in
a court of competent jurisdiction to restrain or prevent a person
from violating subsection (1) or (2). If successful in obtaining
injunctive
relief, the affected person shall be is entitled to
actual costs and attorney fees.
(8) (6)
This act does not apply to a person engaging in or
practicing the following:
(a) Interior design.
(b)
Building 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 exempted from the requirements of
section 2012.
(c) Any activity for which the person is licensed under the
state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569.
(d) Any activity for which the person is licensed under the
Forbes mechanical contractors act, 1984 PA 192, MCL 338.971 to
338.988.
(e) Any activity for which the person is licensed under the
electrical administrative act, 1956 PA 217, MCL 338.881 to 338.892.
(9) (7)
As used in subsection (5) (7),
"affected person"
means a person 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
pursuant to this act, a person who has utilized the services of the
person engaging in or attempting to engage in an occupation
regulated under this act or using a title designated by this act
without being licensed or registered by the department, or a
private association 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.
(10) (8)
An investigation may be conducted under article 5
to enforce this section. A person who violates this section shall
be subject to this section and section 506.
(11) (9)
The remedies under this section are independent and
cumulative.
The use of 1 remedy by a person shall does
not bar
the use of other lawful remedies by that person or the use of a
lawful remedy by another person.
(12) (10)
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.
Sec. 2006. (1) A person, a qualifying officer, a licensee, or
an agent for a licensee under this article shall not bring or
maintain an action in a court of this state for the collection of
compensation for the performance of an act or contract for which
licensure is required under this article without alleging and
proving that the person, qualifying officer, licensee, or agent was
licensed under this article during the performance of the act or
contract. A person who has utilized the services of a person
engaging in or attempting to engage in an occupation regulated
under this article or using a title designated by this article
without being licensed by the department may bring an action in a
court of competent jurisdiction, or offer as a counterclaim to an
action brought by an unlicensed person, for a refund of
compensation after deducting the value of the goods or services
retained by the person.
(2) If the department suspends a license for failure to make
restitution, in whole or in part, the restitution in the form of
repair or remedial corrective work shall be performed by a person
appropriately licensed under this article and shall be paid for by
the licensee.