July 10, 2007, Introduced by Reps. Donigan, Kathleen Law, Jackson, Hopgood, Warren, Vagnozzi and Meisner and referred to the Committee on Commerce.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 105, 2201, 2202, 2203, 2204, 2205, 2208, 2209,
2210, and 2211 (MCL 339.105, 339.2201, 339.2202, 339.2203,
339.2204, 339.2205, 339.2208, 339.2209, 339.2210, and 339.2211),
sections 105, 2205, and 2209 as amended by 1988 PA 463 and section
2204 as amended by 1981 PA 83.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105. (1) "License" means the document issued to a person
under this act which will enable that person to use a designated
title and practice an occupation, which practice would otherwise be
prohibited by this act except as otherwise provided in article 22.
License includes a document issued by the department which permits
a school, institution, or person to offer training or education in
an occupation or which permits the operation of a facility,
establishment, or institution in which an occupation is practiced.
License includes a permit or approval.
(2) "Licensee" means a person who has been issued a license
under this act.
(3) "Limitation" means a condition, stricture, constraint,
restriction, or probation attached to a license or registration
relative to the scope of practice including the following:
(a) A requirement that the licensee or registrant perform only
specified functions of the licensee's or registrant's occupation.
(b) A requirement that the licensee or registrant perform the
licensee's or registrant's occupation only for a specified period
of time.
(c) A requirement that the licensee or registrant perform the
licensee's or registrant's occupation only within a specified
geographical area.
(d) A requirement that restitution be made or certain work be
performed before a license or registration is issued, renewed, or
reinstated.
(e) A requirement that a financial statement certified by a
person licensed as a certified public accountant be filed with the
department at regular intervals.
(f) A requirement which reasonably assures a licensee's or
registrant's competence to perform the licensee's or registrant's
occupation.
(g) A requirement that all contracts of a licensee or
registrant be reviewed by an attorney.
(h) A requirement that a licensee or registrant have on file
with the department a bond issued by a surety insurer approved by
the department or cash in an amount determined by the department.
(i) A requirement that a licensee or registrant deposit money
received in an escrow account which can be disbursed only under
certain conditions as determined by the licensee or registrant and
another party.
(j) A requirement that a licensee or registrant file reports
with the department at intervals determined by the department.
(4) "Occupation" means a field of endeavor regulated by this
act.
(5) "Person" means an individual, sole proprietorship,
partnership, association, corporation, common law trust, or a
combination of those legal entities. Person includes a department,
board, school, institution, establishment, or governmental entity.
(6) "Physical dominion" means control and possession.
(7) "Physician" means that term as defined in section 17001
and
section 17501 of the public health code, Act No. 368 of the
Public
Acts of 1978, being sections 333.17001 and 333.17501 of the
Michigan
Compiled Laws 1978 PA 368,
MCL 333.17001 and 333.17501.
(8) "Probation" means a sanction which permits a board to
evaluate over a period of time a licensee's or registrant's fitness
to practice an occupation regulated by this act.
(9) "Public access" means the right of a person to view and
copy
files pursuant to the freedom of information act, Act No. 442
of
the Public Acts of 1976, as amended, being sections 15.231 to
15.246
of the Michigan Compiled Laws 1976
PA 442, MCL 15.231 to
15.246.
(10) "Registrant" means a person who is registered under this
act.
(11) "Registration" means the document issued to a person
under this act which will enable that person to use a designated
title, which use would be otherwise prohibited by this act.
(12) "Rule" means a rule promulgated under this act and
pursuant
to the administrative procedures act of 1969, Act No. 306
of
the Public Acts of 1969, as amended, being sections 24.201 to
24.328
of the Michigan Compiled Laws 1969
PA 306, MCL 24.201 to
24.328.
(13) "State" means the District of Columbia or a commonwealth,
state, or territory of the United States.
Sec. 2201. As used in this article:
(a) "Landscape architect" means a person qualified to engage
in the practice of landscape architecture as provided in this
article.
(b) "Practice of landscape architecture" means all of the
following:
(i) The performance of professional services such as
consultation, investigation, research, planning, design, or
responsible field observation in connection with the development of
land areas where, and to the extent that the dominant purpose of
the services is the preservation, enhancement, or determination of
proper land uses, natural land resources, ground cover and
planting, naturalistic and aesthetic values, the settings and
approaches to structures or other improvements, natural drainage,
and the consideration and determination of inherent problems of the
land relating to erosion, use and stress, blight, or other hazards.
(ii) The location and arrangement of tangible objects and
features incidental and necessary to the purposes outlined in this
article.
Sec.
2202. (1) This article shall does
not preclude prohibit a
registered
licensed landscape architect from performing any of the
services described in section 2201(b)(i) in connection with the
settings, approaches, or environment for buildings, structures, or
facilities.
(2)
This article shall not be construed as authorizing does
not authorize a landscape architect to engage in the practice of
architecture, engineering, or land surveying as defined in article
20.
(3) The licensure requirement of this article does not
prohibit a person from performing or offering services as a
landscape designer, landscape gardener, landscape contractor, or
landscape nursery operator as long as that person does not use the
term "landscape architect".
Sec. 2203. (1) The board of landscape architects is created.
(2) Within 1 year after the effective date of the amendatory
act that added this subsection, any board member representing
landscape architects and serving on that date shall obtain
licensure under this article in order to continue to serve on the
board.
Sec.
2204. An applicant for registration licensure as a
landscape architect shall be of good moral character and shall pass
a written examination developed by the department and the board. In
addition, each applicant shall have had not less than 7 years of
training and experience in the actual implementation and practice
of landscape architecture. Satisfactory completion of each year up
to 5 years of an accredited course in landscape architecture in an
accredited school shall be considered as equivalent to a year of
experience.
Sec.
2205. (1) All requirements for registration licensure
shall be completed within 10 years after receipt of the application
by the department. If the requirements are not completed within the
10-year period, the application shall be void.
(2) A demonstration of continuing professional competence
shall be required for renewal of a license as determined by the
board and provided for by rule of the director.
Sec.
2208. Registration Licensure
under this article shall be
on
an individual basis. The department shall not register license a
partnership, association, corporation, or a public agency under
this article.
Sec.
2209. The department may issue a registration license
without
examination to an applicant who is legally registered, or
licensed, or regulated as a landscape architect in any other state
or
country whose requirements for registration, or licensure, or
other regulation are at least substantially equivalent to the
requirements of this state.
Sec. 2210. (1) Each landscape architect shall have a seal,
approved by the department and the board, which shall contain the
name
of the landscape architect, the serial number of his or her
certificate
of registration license and the legend "landscape
architect, state of Michigan" and other words or figures as the
department considers necessary. Plans, specifications, and reports
prepared by the landscape architect or under his or her supervision
shall be stamped with his or her seal when filed with a public
authority.
(2) A landscape architect who indorses a document with his or
her
seal while his or her certificate of registration license is
not in full force and effect, or who indorses a document which the
landscape architect did not actually prepare or supervise the
preparation, is subject to the penalties prescribed in article 6.
Sec. 2211. A person shall not use or advertise the title
"landscape architect" or any title or description tending to convey
the impression that he or she is a landscape architect unless he or
she
is registered as provided in licensed
under this article. This
article does not restrict the use of the titles "landscape
gardener", "landscape contractor", "landscape designer", or
"landscape
nursery man" operator".
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5026(request no.
03702'07 a) of the 94th Legislature is enacted into law.