HOUSE BILL No. 5487


     January 21, 1998, Introduced by Rep. Profit and referred to the Committee on Regulatory Affairs.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   by amending section 2001 (MCL 339.2001), as amended by 1997

   PA 122.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2001.  As used in this article:

 2         (a) "Architect" means a person who, by reason of knowledge

 3    of mathematics, the physical sciences, and the principles of

 4    architectural design, acquired by professional education and

 5    practical experience, is qualified to engage in the practice of

 6    architecture.

 7         (b) "Firm" means a sole proprietorship, partnership, corpo-

 8    ration, or limited liability company through which a person

 9    licensed under this article offers or provides a service to the

10    public.


   05176'97                                                 LBO
                                              2

 1         (c) "Person" means a natural person notwithstanding

 2    section 105(5).

 3         (d) "Person in responsible charge" means a person licensed

 4    under this article who determines technical questions of design

 5    and policy; advises the client; supervises and is in responsible

 6    charge of the work of subordinates; is the person whose profes-

 7    sional skill and judgment are embodied in the plans, designs,

 8    plats, surveys, and advice involved in the services; and who

 9    supervises the review of material and completed phases of

10    construction.

11         (e) "Practice of architecture" means professional services,

12    such as consultation, investigation, evaluation, planning,

13    design, or review of material and completed phases of work in

14    construction, alteration, or repair in connection with a public

15    or private structure, building, equipment, works, or project if

16    the professional service requires the application of a principle

17    of architecture or architectural design.

18         (f) "Practice of professional surveying" means providing

19    professional services such as consultation, investigation, testi-

20    mony, evaluation, planning, mapping, assembling, and interpreting

21    reliable scientific measurements and information relative to the

22    location, size, shape, or physical features of the earth,

23    improvements on the earth, the space above the earth, or any part

24    of the earth, and the utilization and development of these facts

25    and interpretations into an orderly survey map, plan, report,

26    description, or project.  The practice of professional surveying

27    includes all of the following:



   05176'97
                                   3

 1         (i) Land surveying that is the surveying of an area for its

 2    correct determination or description for its conveyance, or for

 3    the establishment or reestablishment of a land boundary and the

 4    designing or design coordination of the plotting of land and the

 5    subdivision of land.

 6         (ii) Geodetic surveying that includes surveying for determi-

 7    nation of the size and shape of the earth both horizontally and

 8    vertically and the precise positioning of points on the earth

 9    utilizing angular and linear measurements through spatially ori-

10    ented spherical geometry.

11         (iii) Utilizing and managing land information systems

12    through establishment of datums and local coordinate systems and

13    points of reference.

14         (iv) Engineering and architectural surveying for design and

15    construction layout of infrastructure.

16         (v) Cartographic surveying for making maps, including topo-

17    graphic and hydrographic mapping.

18         (g) "Practice of professional engineering" means profes-

19    sional services, such as consultation, investigation, evaluation,

20    planning, design, or review of material and completed phases of

21    work in construction, alteration, or repair in connection with a

22    public or private utility, structure, building, machine, equip-

23    ment, process, work, or project, if the professional service

24    requires the application of engineering principles or data.

25         (h) "Principal" means a sole proprietor, partner, the presi-

26    dent, vice-president, secretary, treasurer, or director of a





   05176'97
                                   4

 1    corporation, or a member OR MANAGER of a limited liability

 2    company.

 3         (i) "Professional engineer" means a person who, by reason of

 4    knowledge of mathematics, the physical sciences, and the princi-

 5    ples of engineering, acquired by professional education and prac-

 6    tical experience, is qualified to engage in the practice of pro-

 7    fessional engineering.

 8         (j) "Professional surveyor" means a person who, by reason of

 9    knowledge of law, mathematics, physical sciences, and techniques

10    of measuring acquired by professional education and practical

11    experience, is qualified to engage in the practice of profes-

12    sional surveying.

13         (k) "Services" means professional service offered or pro-

14    vided by an architect in the practice of architecture, a profes-

15    sional engineer in the practice of professional engineering, or a

16    professional surveyor in the practice of professional surveying.

























   05176'97          Final page.                            LBO