Bill Text: MI SB0914 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality under state plumbing act; transfer to the department of natural resources. Amends sec. 13 of 2002 PA 733 (MCL 338.3523). TIE BAR WITH: SB 0807'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2009-12-02 - Referred To Committee On Government Operations [SB0914 Detail]
Download: Michigan-2009-SB0914-Engrossed.html
SB-0914, As Passed Senate, December 2, 2009
SENATE BILL No. 914
October 20, 2009, Introduced by Senator McMANUS and referred to the Committee on Appropriations.
A bill to amend 2002 PA 733, entitled
"State plumbing act,"
by amending section 13 (MCL 338.3523).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) There is created a state plumbing board within
the
department. The governor, with the advice and consent of the
senate,
shall appoint 5 The state
plumbing board shall consist of
the following members:
(a) The director of the department of natural resources or his
or her authorized representative, as a voting ex officio member.
(b) An employee of the department of natural resources
involved with drinking water and radiologic protection, selected by
the director of the department of natural resources, as a voting ex
officio member.
(c) Five United States citizens who are residents of the
state,
2 of whom shall be appointed
by the governor with the advice
and consent of the senate as follows:
(i) Two individuals who are licensed plumbing contractors who
hold a master's license.
(ii) One shall be individual who is a licensed master plumber
with
10 years of experience and experience in securing
permits. ,
and
1 shall be
(iii) One individual who is a
licensed journey plumber , each
having
10 years' with 10 years of experience.
, and a person
(iv) One individual who is representative of the general
public. ,
who with the director of the department of environmental
quality
or his or her authorized representative, a member or
employee
of the drinking water and radiologic protection division
of
the department of environmental quality, selected by the
director
of the department of environmental quality as voting ex
officio
members, shall constitute the plumbing board.
(2) Upon the expiration of the term of office of each person
so
appointed by the governor to the state plumbing board
under
subsection (1), the governor shall, on or before July 1 in each
year, appoint a successor to hold office for a term of 3 years.
(3) (2)
Per diem compensation of the
members of the board,
other
than the director and the director of the department of
environmental
quality natural resources or their his or her
authorized
representatives and the member or employee of the
drinking
water and radiologic protection division of the department
of
environmental quality natural
resources, and the schedule for
reimbursement of expenses shall be established annually by the
legislature.
(4) (3)
The board shall meet as often as
necessary to fulfill
its duties under this act, but shall meet not less than 4 times a
year. A majority of the members appointed and serving shall
constitute a quorum. An approval, decision, or ruling of the board
does not become effective unless supported by a majority of the
members present constituting a quorum. A member of the board shall
not vote by proxy.
(5) (4)
At the first meeting of each calendar
year, the board
shall elect 1 member as chairperson, another as vice-chairperson,
another as secretary, and other officers as it determines
appropriate, for the terms and with the duties and powers as the
board determines. The chairperson, vice-chairperson, and secretary
shall be elected from those members appointed to the board by the
governor.
(6) (5)
The business which the board may
perform shall be
conducted at a public meeting of the board 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. A member of the board who intentionally violates
this subsection is subject to the penalties prescribed in the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) (6)
A writing prepared, owned, used, in
the possession of,
or retained by the board 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. The
department shall maintain physical possession of the files of the
board and shall ensure that applicable laws concerning public
access to the files are met.
(8) (7)
The board shall recommend to the
state construction
code commission the promulgation of rules necessary for the safe
design, construction, installation, alteration, and inspection of
plumbing. The board may also recommend to the state construction
code commission, after testing and evaluation, that it issue
certificates of acceptability under the code for a material,
product, method of manufacturing, or method of construction or
installation of plumbing equipment.
(9) (8)
The department, in consultation
with the board, shall
promulgate rules pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of
this act and to effectuate the purposes of this act including, but
not limited to, the establishing of standards for license
classifications under this act; the examination and licensing of
plumbing contractors, master plumbers, and journey plumbers; and
for the registration of plumbers' apprentices. Before an
examination or other test required under this act is administered,
the board, in consultation with the department, shall review and
approve the form and content of the examination or test. Each
examination for a license as a plumbing contractor, master plumber,
or journey plumber shall be conducted by the board and the
department, acting jointly.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.
