ACEC/Michigan-supported bills moving through the Legislature
Senate-approved ARE Timing Bill headed to House for concurrence, then to Governor -
11/4/2009
ACEC/Michigan is strongly lobbying for an important measure, Senate Bill 882, as it works its way through the Legislature.
SB 882, better known as the Statute of Limitations bill, was introduced on September 30 by Senator Alan Sanborn. SB 882 seeks to correct a Michigan Supreme Court decision and return a statute of limitations for malpractice claims against professional engineers, surveyors and architects from six years to two years.
On Tuesday, October 28, SB 882 was approved by the Senate Judiciary committee, with Senators Kuipers, Sanborn, Cropsey, Stamas and Basham all voting in support of moving SB 882 to the full Senate for consideration. Senators Patterson and Clarke passed and Senator Whitmer did not attend the committee meeting.
Thanks goes out to ACEC Affiliate Member Gary Quesada of Cavanaugh & Quesada PLC, who did an excellent job testifying before the committee and fielding questions on the merits of the bill.
The Michigan Association for Justice, formerly known as the Michigan Trial Lawyers Association, circulated a document in opposition to the bill.
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ACEC/Michigan is also following House Bill 4793, the ARE Timing Bill, which was approved by the full Senate on November 4. The bill now returns to the House for concurrence before being presented to the Governor for her signature.
HB 4793, sponsored by state Rep. Barb Byrum, would amend Article 20 (Architects, Professional Engineers, and Professional Surveyors) of the Occupational Code to remove the requirement that, to be eligible to sit for the architect examination, an individual must provide documentation of having at least eight years of professional architectural experience, not more than six years of which may be architectural education. This experience requirement would continue to be a requirement for licensure as an architect.
Currently, in order to take the exam for licensure, an applicant must have at least eight years of professional experience.
This has pushed many Michigan graduates to seek employment in other states to gain their licensure sooner, as 40 other states allow architecture graduates to take the exam soon after graduation, and most candidates do so during their apprenticeship period, which typically consists of three years’ work after graduation.
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The House Judiciary Committee held a hearing on HB 4915 before a packed conference room on Wednesday, October 28. Several businesses and professions lined up to oppose HB 4915, which would extend the Consumer Protection Act to 80 different businesses, trades and professions already regulated by, and subject to penalties under, state and federal laws.
Michigan employers are very concerned that this will encourage litigation and allow class action lawsuits while ignoring existing penalties and remedies contained in current statutes.
ACEC/Michigan attended the hearing in opposition to the bill.
For more information Contact: ACEC