Bill Text: MI HB4400 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Construction; code; construction code commission and certain advisory committees; increase fire service representation on. Amends sec. 3a of 1972 PA 230 (MCL 125.1503a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-23 - Bill Electronically Reproduced 03/22/2017 [HB4400 Detail]

Download: Michigan-2017-HB4400-Introduced.html

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HOUSE BILL No. 4400

 

 

March 22, 2017, Introduced by Reps. Glenn, Kelly, Schor, Leutheuser, Yaroch, Liberati, Yanez, Sabo, Cochran, Lucido and Hauck and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1972 PA 230, entitled

 

"Stille-DeRossett-Hale single state construction code act,"

 

by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) The state construction code commission is created

 

in the department and consists of the all of the following:

 

     (a) The state fire marshal or an employee of the bureau of

 

fire services created in section 1b of the fire prevention code,

 

1941 PA 207, MCL 29.1b, who is certified as a fire protection

 

specialist or as a fire inspector and plans examiner by the

 

National Fire Protection Association and is designated by the state

 

fire marshal. and

 

     (b) For each of the boards, a designee of the chairpersons of

 

the barrier free design board, the electrical administrative board,

 

the state plumbing board, and the board of mechanical rules, who

 

shall be permanent members, and 12 chairperson of that board.

 

     (c) Twelve residents of the state to be appointed by the

 

governor with the advice and consent of the senate. Appointed

 

members of the commission Members appointed under this subdivision

 

shall include 1 person the following:

 

     (i) One individual from each of the fields of industrial

 

management, architecture, professional engineering, building

 

contracting, organized labor, and premanufactured building. , and 3

 

members

 

     (ii) Three individuals representing municipal building

 

inspection. ; 2 persons

 

     (iii) Two individuals from the general public. ; and a

 

     (iv) One licensed residential builder. A member of the

 

commission appointed by the governor before January 1, 2007 shall

 

be appointed for a term of 2 years, except that a vacancy shall be

 

filled for the unexpired portion of the term.

 

     (2) A member of the commission appointed by the governor after

 

December 31, 2006 shall be appointed for a term of 4 years, except

 

that a vacancy shall be filled for the unexpired portion of the

 

term.

 

     (3) A member of the commission may be removed from office by

 

the governor for inefficiency, neglect of duty, or misconduct or

 

malfeasance in office. A member of the commission who has a

 

pecuniary interest in a matter before the commission shall disclose

 

the interest before the commission takes action in the matter. ,

 

which disclosures The disclosure shall be made a matter of record

 

in its the official proceedings of the commission. Each member of

the commission, except the state fire marshal or the state fire

 

marshal's designee, shall receive reimbursement for actual expenses

 

incurred by the member in the performance of the duties as a member

 

of the commission, subject to available appropriations.

 

     (4) (2) Nine members of the commission constitute a quorum.

 

Except as otherwise provided in the commission's bylaws, action may

 

be taken by the commission by vote of a majority of the members

 

present at a meeting. Meetings of the commission may be called by

 

the chairperson or by 3 members on 10 days' written notice. Not

 

less than 1 meeting shall be held each calendar quarter. A meeting

 

of the commission may be held anywhere in this state.

 

     (5) (3) The commission may elect 1 member as vice-chairperson,

 

and other officers as it determines appropriate, for the terms and

 

with the duties and powers as the commission determines. The vice-

 

chairperson and other officers of the commission shall be elected

 

from those members appointed to the commission by the governor.

 

After December 31, 2006, the The governor shall designate a member

 

of the commission to serve as chairperson at the pleasure of the

 

governor.

 

     (6) (4) The commission is within the department but shall

 

exercise its statutory functions independently of the director,

 

except that budgeting, personnel, and procurement functions of the

 

commission shall be performed under the direction and supervision

 

of the director. The director has the sole statutory authority to

 

promulgate rules.

 

     (7) (5) The business that the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

Public notice of the time, date, and place of the meeting shall be

 

given in the manner required by the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275.

 

     (8) (6) A writing prepared, owned, used, in the possession of,

 

or retained by the commission in the performance of an official

 

function shall be made available to the public in compliance with

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.