Legislation: Public Act 400

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ENFORCEMENT UPDATE PROVIDED. Although House Bill 4787, the legislation introduced on behalf of the architects, engineers and surveyors regarding the enforcement of unlicensed practice, failed in its attempt at passage during the last legislative session, House Bill 5100 was enacted and became Public Act 400 of 1994.

This new law is reprinted for your information.

AN ACT to amend section 601 of Act No. 299 of the Public Acts of 1980, entitled as amended "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," being section 339.601 of the Michigan Compiled Laws.

The People of the State of Michigan enact.

Section 1. Section 601 of Act No. 299 of the Public Acts of 1980, being section 339.601 of the Michigan Compiled Laws, is amended to read as follows:

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 which 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 which violates subsection (1) or (2) a second or any subsequent time is guilty of a misdemeanor, punishable, except as provided in section 707(2), by a fine of not more than $1,000.00, or imprisonment for not more than I year, or both.

(5) 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 shall be entitled to actual costs and attorney fees.

(6) Nothing in this act shall apply to a person engaging in or practicing the following

(a) Interior design.

(b) Building design.

(c) Any activity for which the pen. on is licensed under Act No. 266 of the Public Acts of 1929, being sections 338.901 to.338.917 of the Michigan Compiled Laws.

(d) Any activity for which the person is licensed under the Forbes mechanical contractors act, Act No. 192 of the Public Acts of 1984, being sections 338.971 to 3.38.988 of the Michigan Compiled Laws.

(e) Any activity for which the person is licensed under the electrical administrative act, Act No. 211 of the Public

Acts of 1956, being sections 338.881 to 338.892 of the Michigan Compiled Laws.

(7) As used in subsection (5), "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 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.

(8) An investigation may be conducted under article 6 to enforce this section. A person who violates this section shall be subject to the strictures prescribed in this section and section 506.

(9) The remedies under this section are independent and cumulative. The use of I remedy by a person shall not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.

This act is ordered to take immediate effect.