hj12029t.083

No. 83

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, December 2, 1999.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Dan Alway, from New Life Christian Church in West Branch, offered the following invocation:

"Heavenly Father, as we bow our hearts today before Your presence, we are filled with joy and humbled deeply. We are joyful to be called Your children and to be able to serve You in Your great kingdom in the various capacities that are represented here which You have called us to. We are humbled by the awesomeness of this task and the realization that we stand before You to answer for our words, deeds, and actions. You have declared in Your great scripture that if we lack wisdom, we can ask of You, and You will give us wisdom and not hold it back. Father, we pray for wisdom--wisdom to do what is right before You and the people of this great state of Michigan. Father, we submit ourselves to Your sovereignty and proclaim You as King of Kings and Lord of Lords. We recognize You as the guest of honor in this House today. There is truly a representation of districts here today as well as representations of Your purposes and intents. As we each put our hands to plow of the great calling that You have called us to, we pray a blessing on this Your people, as we believe and know that You hear and answer prayer. We give You the permission, as it were, to pour out upon our hearts what is on Your heart. We place in Your hands the right to lead us as You see fit. We know that as we give our hearts to You, it is only then that You can place Your purpose and will within us. We thank You for the opportunity to be called Your servants and it is with great honor that we do serve You. We also thank You that You declared in Your word that Your desire is to no longer just call us servants, but to call us 'friends'. Thank You, Lord, for being our friend. Let Your peace and blessings rest upon this meeting and let Your will be done in this House, this meeting, this day, this year, and this new millennium. For the safety and prosperity of Your people, to the glory of God in Jesus' name. Amen."

Reports of Standing Committees

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4475, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 301 and 303 (MCL 37.1301 and 37.1303), section 301 as amended by 1980 PA 478.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4475 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Garza, Lemmons.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4476, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 301 and 303 (MCL 37.2301 and 37.2303), as amended by 1992 PA 70.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4476 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Garza, Lemmons.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Wednesday, December 1, 1999, at 10:30 a.m.,

Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza, Lemmons.

The Committee on Appropriations, by Rep. Geiger, Chair, reported

House Bill No. 4297, entitled

A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 2000; to implement the appropriations within the budgetary process; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4297 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, December 1, 1999, at 10:00 a.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Absent: Rep. Jansen,

Excused: Rep. Jansen.

Second Reading of Bills

House Bill No. 4475, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 301 and 303 (MCL 37.1301 and 37.1303), section 301 as amended by 1980 PA 478.

The bill was read a second time.

The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Constitutional Law and Ethics,

Rep. LaForge demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Constitutional Law and Ethics,

The substitute (H-2) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1069 Yeas--56

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Garcia Julian Richardville Woronchak

Nays--52

Baird Dennis LaForge Rison

Basham Faunce Lemmons Rivet

Bogardus Frank Lockwood Schauer

Bovin Garza Mans Schermesser

Brater Gieleghem Martinez Scott

Brewer Hale Minore Sheltrown

Brown, B. Hanley Neumann Stallworth

Callahan Hansen O'Neil Switalski

Cherry Hardman Pestka Tesanovich

Clark, I. Jacobs Price Thomas

Clarke, H. Jamnick Prusi Vaughn

Daniels Kelly Quarles Wojno

DeHart Kilpatrick Reeves Woodward

In The Chair: Birkholz

______

Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.

The motion prevailed.

Rep. Brater moved to amend the bill as follows:

1. Amend page 5, line 18, by striking out all of enacting section 2.

The question being on the adoption of the amendment offered by Rep. Brater,

Rep. Brater demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Brater,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1070 Yeas--87

Allen DeWeese LaForge Sanborn

Baird Ehardt Lemmons Schauer

Basham Faunce Lockwood Schermesser

Birkholz Frank Mans Scott

Bisbee Garza Martinez Scranton

Bogardus Gieleghem Mead Shackleton

Bovin Gilbert Middaugh Sheltrown

Brater Godchaux Minore Shulman

Brewer Green Neumann Spade

Brown, B. Hager O'Neil Switalski

Brown, C. Hale Pestka Tabor

Byl Hanley Price Tesanovich

Callahan Hansen Prusi Thomas

Cassis Hardman Pumford Toy

Caul Hart Quarles Van Woerkom

Cherry Howell Raczkowski Vander Roest

Clark, I. Jacobs Reeves Vaughn

Clarke, H. Jamnick Richardville Vear

Daniels Julian Richner Wojno

DeHart Kelly Rison Woodward

Dennis Kilpatrick Rivet Woronchak

DeRossett Kowall Rocca

Nays--20

Bishop Gosselin Koetje Pappageorge

Bradstreet Jansen Kuipers Patterson

DeVuyst Jelinek Kukuk Perricone

Garcia Jellema LaSata Stamas

Geiger Johnson, Rick Mortimer Voorhees

In The Chair: Birkholz

Rep. Patterson moved to amend the bill as follows:

1. Amend page 3, line 24, after "FACILITY" by inserting "UNLESS BOTH OF THE FOLLOWING CONDITIONS ARE ESTABLISHED:

(i) A CLAIM UNDER THIS ACT ACCRUED PRIOR TO THE SENTENCING.

(ii) A CLAIM UNDER THIS ACT IS UNRELATED TO A PERSON'S STATUS AS A PRISONER OR INMATE".

The question being on the adoption of the amendment offered by Rep. Patterson,

Rep. Frank moved that the bill be re-referred to the Committee on Constitutional Law and Ethics.

The question being on the motion made by Rep. Frank,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Frank,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 1071 Yeas--51

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet

Nays--55

Allen Garcia Kowall Rocca

Birkholz Geiger Kuipers Sanborn

Bisbee Gilbert Kukuk Scranton

Bishop Godchaux LaSata Shackleton

Bradstreet Gosselin Mead Shulman

Brown, C. Hager Middaugh Stamas

Byl Hart Mortimer Tabor

Cassis Howell Pappageorge Toy

Caul Jansen Patterson Van Woerkom

DeRossett Jelinek Perricone Vander Roest

DeVuyst Jellema Pumford Vear

DeWeese Johnson, Rick Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje Richner

In The Chair: Birkholz

The question being on the adoption of the amendment offered previously by Rep. Patterson,

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 3, line 24, after "FACILITY" by inserting a comma and "UNLESS THE SENTENCE OF SUCH AN INDIVIDUAL IS LATER OVERTURNED OR".

The question being on the adoption of the amendment offered by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bob Brown,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1072 Yeas--78

Baird Frank LaForge Schermesser

Basham Garza Lemmons Scott

Birkholz Gieleghem Lockwood Shackleton

Bisbee Gilbert Martinez Sheltrown

Bogardus Green Minore Shulman

Bovin Hager Neumann Spade

Brater Hale Pappageorge Stallworth

Brewer Hanley Patterson Stamas

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tabor

Caul Hart Prusi Tesanovich

Cherry Howell Quarles Thomas

Clark, I. Jacobs Reeves Toy

Clarke, H. Jamnick Richardville Van Woerkom

Daniels Jellema Rison Vaughn

DeHart Julian Rivet Vear

Dennis Kelly Rocca Wojno

DeWeese Kilpatrick Sanborn Woodward

Ehardt Koetje Schauer Woronchak

Faunce Kowall

Nays--28

Allen DeVuyst Johnson, Rick Perricone

Bishop Garcia Kuipers Pumford

Bradstreet Geiger Kukuk Raczkowski

Brown, C. Godchaux LaSata Richner

Byl Gosselin Mead Scranton

Cassis Jansen Middaugh Vander Roest

DeRossett Jelinek Mortimer Voorhees

In The Chair: Birkholz

Rep. Middaugh moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Senate Bill No. 745, entitled

A bill to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Insurance and Financial Services (for amendment, see House Journal No. 80, p. 2292).

The amendment was adopted, a majority of the members serving voting therefor.

______

Rep. Gieleghem moved that Rep. Minore be excused temporarily from today's session.

The motion prevailed.

Rep. Spade moved that Rep. Mans be excused temporarily from today's session.

The motion prevailed.

Reps. Thomas and Basham moved to amend the bill as follows:

1. Amend page 127, following line 17, by inserting:

"Sec. 4110. (1) As used in this section, "personal information" means 1 or more of the following:

(a) Name and address.

(b) Social security number.

(d) Account information.

(2) A bank or a bank affiliate shall not provide a customer's personal information to another person unless required by law or with the customer's prior written consent.

(3) A bank or a bank affiliate shall not deliver or cause to be delivered an envelope or package on the outside of which personal information is placed or on the inside of which personal information is placed that is visible from the outside of the envelope or package.".

The question being on the adoption of the amendment offered by Reps. Thomas and Basham,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Thomas and Basham,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1073 Yeas--52

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Hardman Prusi Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge Rocca Woronchak

Nays--55

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Sanborn

Bishop Godchaux Kuipers Scranton

Bradstreet Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Perricone Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski

In The Chair: Birkholz

Rep. Basham moved to amend the bill as follows:

1. Amend page 18, line 1, after "of" by striking out "6 months" and inserting "1 year".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

______

Rep. Reeves moved that Rep. Garza be excused temporarily from today's session.

The motion prevailed.

The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.

Rep. Hale moved to amend the bill as follows:

1. Amend page 127, line 20, after "interest" by inserting "not to exceed 25% annually".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1074 Yeas--47

Baird DeHart Martinez Schermesser

Basham Frank Neumann Scott

Bogardus Gieleghem O'Neil Sheltrown

Bovin Hale Pestka Spade

Brater Hansen Price Stallworth

Brewer Hardman Prusi Switalski

Brown, B. Jacobs Quarles Tesanovich

Callahan Jamnick Reeves Thomas

Cherry Kelly Rison Vaughn

Clark, I. LaForge Rivet Wojno

Clarke, H. Lemmons Rocca Woodward

Daniels Lockwood Schauer

Nays--54

Allen Geiger Koetje Richardville

Bisbee Gilbert Kowall Sanborn

Bishop Godchaux Kuipers Scranton

Bradstreet Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Perricone Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski Woronchak

Garcia Julian

In The Chair: Scranton

Rep. Basham moved to amend the bill as follows:

1. Amend page 18, line 1, after "of" by striking out "6" and inserting "11".

The question being on the adoption of the amendment offered by Rep. Basham,

Rep. Basham demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Basham,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1075 Yeas--51

Baird Dennis Lockwood Schermesser

Basham Frank Martinez Scott

Bogardus Gieleghem Minore Shackleton

Bovin Hale Neumann Sheltrown

Brater Hanley Pestka Spade

Brewer Hansen Price Stallworth

Brown, B. Hardman Prusi Switalski

Callahan Jacobs Quarles Tesanovich

Cherry Jamnick Reeves Thomas

Clark, I. Kelly Rison Vaughn

Clarke, H. Kilpatrick Rivet Wojno

Daniels Kowall Rocca Woodward

DeHart LaForge Schauer

Nays--50

Allen Gilbert Koetje Raczkowski

Bisbee Godchaux Kuipers Richardville

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen O'Neil Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Jellema Patterson Vear

DeWeese Johnson, Rick Perricone Voorhees

Faunce Johnson, Ruth Pumford Woronchak

Garcia Julian

In The Chair: Scranton

Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 745, entitled

Was read a third time and passed, a 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1076 Yeas--103

Allen Faunce Kowall Rivet

Baird Frank Kuipers Rocca

Basham Garcia Kukuk Sanborn

Birkholz Geiger LaForge Schauer

Bisbee Gieleghem LaSata Schermesser

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Martinez Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Hager Middaugh Shulman

Brater Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Hart Pappageorge Tabor

Cassis Howell Patterson Tesanovich

Caul Jacobs Perricone Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Kilpatrick Richner Woronchak

Ehardt Koetje Rison

Nays--2

Brewer Sheltrown

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Middaugh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4297, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Kelly moved to amend the bill as follows:

1. Amend page 19, line 13, by striking out all of part 1A.

2. Amend page 60, line 24, by striking out all of part 2A.

The question being on the adoption of the amendments offered by Rep. Kelly,

Rep. Kelly demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Kelly,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1077 Yeas--45

Baird DeHart Kilpatrick Schauer

Basham Dennis LaForge Schermesser

Bogardus Frank Lockwood Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Price Stallworth

Brown, B. Hansen Prusi Switalski

Callahan Hardman Quarles Thomas

Cherry Jacobs Reeves Vaughn

Clark, I. Jamnick Rison Wojno

Clarke, H. Kelly Rivet Woodward

Daniels

Nays--55

Allen Garcia Koetje Rocca

Birkholz Geiger Kowall Sanborn

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux LaSata Shackleton

Bradstreet Gosselin Martinez Shulman

Brown, C. Hager Mead Stamas

Byl Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Jellema Perricone Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Scranton

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 19, following line 10, by inserting:

"Sec. 122. MISCELLANEOUS

Detroit zoological institute - arctic ring of life exhibit $ 3,200,000

GROSS APPROPRIATION $ 3,200,000

Appropriated from:"

and adjusting the subtotals, totals, and part 201 accordingly.

The question being on the adoption of the amendment offered by Rep. Stallworth,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Stallworth,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1078 Yeas--47

Baird Dennis LaForge Rivet

Basham Frank Lockwood Schauer

Bovin Garza Martinez Schermesser

Brater Gieleghem Minore Scott

Brewer Godchaux Neumann Stallworth

Brown, B. Hale O'Neil Switalski

Callahan Hanley Pappageorge Tesanovich

Cherry Hansen Price Thomas

Clark, I. Hardman Prusi Vaughn

Clarke, H. Jacobs Quarles Wojno

Daniels Jamnick Reeves Woodward

DeHart Kelly Rison

Nays--56

Allen Garcia Kowall Sanborn

Birkholz Geiger Kuipers Scranton

Bisbee Gilbert Kukuk Shackleton

Bishop Gosselin LaSata Sheltrown

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Mortimer Stamas

Cassis Jansen Patterson Tabor

Caul Jelinek Perricone Toy

DeRossett Jellema Pumford Van Woerkom

DeVuyst Johnson, Rick Raczkowski Vander Roest

DeWeese Johnson, Ruth Richardville Vear

Ehardt Julian Richner Voorhees

Faunce Koetje Rocca Woronchak

In The Chair: Scranton

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 19, following line 10, by inserting:

"Sec. 122. HIGHER EDUCATION

WSU Morris W. Hood diabetes center $ 3,000,000

GROSS APPROPRIATIONS $ 3,000,000

State general fund/general purpose $ 3,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Rep. Stallworth,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Stallworth,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1079 Yeas--48

Baird Dennis Lemmons Richner

Basham DeWeese Lockwood Rison

Bogardus Frank Martinez Schauer

Bovin Gieleghem Minore Schermesser

Brater Hager Neumann Scott

Brewer Hale O'Neil Sheltrown

Brown, B. Hanley Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Prusi Tesanovich

Clark, I. Jamnick Quarles Thomas

Daniels Kelly Reeves Vaughn

DeHart LaForge Richardville Wojno

Nays--53

Allen Geiger Kowall Sanborn

Birkholz Gilbert Kuipers Scranton

Bisbee Gosselin Kukuk Shackleton

Bishop Green LaSata Shulman

Bradstreet Hart Mead Spade

Brown, C. Howell Middaugh Stamas

Byl Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Van Woerkom

DeRossett Johnson, Rick Perricone Vander Roest

DeVuyst Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Rocca Woronchak

Garcia

In The Chair: Scranton

______

Rep. Prusi moved that Rep. Scott be excused from the balance of today's session.

The motion prevailed.

Rep. Quarles moved that Rep. Minore be excused from the balance of today's session.

The motion prevailed.

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

Rep. Tabor moved that Rep. Toy be excused temporarily from today's session.

The motion prevailed.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 55, line 20, by striking out all of sections 1203 and 1204.

The question being on the adoption of the amendment offered by Rep. Voorhees,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Voorhees,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1080 Yeas--33

Allen Gosselin Kuipers Sanborn

Birkholz Green Kukuk Stamas

Bishop Hager Lemmons Thomas

Bradstreet Hart Middaugh Van Woerkom

Brown, B. Jansen Patterson Vander Roest

Byl Johnson, Rick Perricone Vaughn

Cassis Johnson, Ruth Pestka Voorhees

DeVuyst Kilpatrick Raczkowski Woronchak

DeWeese

Nays--68

Baird Ehardt Julian Rison

Basham Faunce Kelly Rivet

Bisbee Frank Kowall Rocca

Bogardus Garcia LaSata Schauer

Bovin Garza Lockwood Schermesser

Brater Geiger Martinez Scranton

Brewer Gieleghem Mead Shackleton

Brown, C. Gilbert Mortimer Sheltrown

Callahan Hale Neumann Shulman

Caul Hanley O'Neil Spade

Cherry Hansen Pappageorge Stallworth

Clark, I. Hardman Prusi Switalski

Clarke, H. Howell Pumford Tabor

Daniels Jacobs Quarles Tesanovich

DeHart Jamnick Reeves Vear

Dennis Jelinek Richardville Wojno

DeRossett Jellema Richner Woodward

In The Chair: Scranton

Reps. Spade and Richardville moved to amend the bill as follows:

1. Amend page 4, following line 15, by inserting:

"World War II veterans memorial 403,000".

2. Amend page 4, line 24, by striking out "926,200" and inserting "1,329,200" and adjusting the totals, subtotals, and section 201 accordingly.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Basham moved to amend the bill as follows:

1. Amend page 14, following line 25, by inserting:

"Grade crossing upgrade in city of Romulus 2,000,000".

2. Amend page 15, line 24, by striking out "11,950,000" and inserting "13,950,000" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Rep. Basham,

Rep. Basham demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Basham,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1081 Yeas--44

Baird Daniels Kelly Rison

Basham DeHart Kilpatrick Rivet

Bogardus Dennis LaForge Schauer

Bovin Garza Lockwood Schermesser

Brater Gieleghem Martinez Stallworth

Brewer Hale O'Neil Switalski

Brown, B. Hanley Patterson Tesanovich

Callahan Hansen Price Thomas

Cherry Hardman Prusi Vaughn

Clark, I. Jacobs Quarles Wojno

Clarke, H. Jamnick Reeves Woodward

Nays--60

Allen Geiger Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Mead Sheltrown

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Spade

Cassis Howell Neumann Stamas

Caul Jansen Pappageorge Tabor

DeRossett Jelinek Perricone Toy

DeVuyst Jellema Pestka Van Woerkom

DeWeese Johnson, Rick Pumford Vander Roest

Ehardt Johnson, Ruth Raczkowski Vear

Faunce Julian Richardville Voorhees

Garcia Koetje Richner Woronchak

In The Chair: Scranton

Rep. Hale moved to amend the bill as follows:

1. Amend page 19, following line 10, by inserting:

"Sec. 122. HIGHER EDUCATION

WSU Morris Hood diabetes center $ 2,500,000

GROSS APPROPRIATIONS $ 2,500,000

State general fund/general purpose 2,500,000"

and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1082 Yeas--47

Baird Dennis Kilpatrick Rivet

Basham Frank LaForge Schauer

Bogardus Garza Lemmons Schermesser

Bovin Gieleghem Lockwood Sheltrown

Brater Hager Martinez Stallworth

Brewer Hale Neumann Switalski

Brown, B. Hanley O'Neil Tesanovich

Callahan Hansen Price Thomas

Cherry Hardman Prusi Vaughn

Clark, I. Jacobs Quarles Wojno

Clarke, H. Jamnick Reeves Woodward

DeHart Kelly Rison

Nays--55

Allen Garcia Koetje Rocca

Birkholz Geiger Kowall Sanborn

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux Kukuk Shackleton

Bradstreet Gosselin LaSata Shulman

Brown, C. Green Mead Spade

Byl Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Jellema Perricone Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Scranton

Rep. Godchaux moved to amend the bill as follows:

1. Amend page 13, following line 6, by inserting:

"Oakland Community College - combined regional emergency services center - for

program and planning to be paid for from college revenues 100"

and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Rep. Godchaux,

Rep. Godchaux demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Godchaux,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1083 Yeas--55

Allen Ehardt Johnson, Ruth Reeves

Baird Faunce Julian Richner

Bisbee Frank Kelly Rison

Bishop Garza Kilpatrick Rivet

Bogardus Godchaux Kowall Rocca

Brater Gosselin Lemmons Scranton

Brewer Hager Lockwood Shackleton

Brown, B. Hale Martinez Sheltrown

Cassis Hansen Middaugh Shulman

Clark, I. Hardman Neumann Thomas

Clarke, H. Hart Patterson Vaughn

Daniels Jacobs Price Woodward

DeHart Jamnick Quarles Woronchak

DeWeese Johnson, Rick Raczkowski

Nays--46

Birkholz Gieleghem Mead Spade

Bovin Gilbert Mortimer Stamas

Bradstreet Green O'Neil Switalski

Brown, C. Howell Pappageorge Tabor

Byl Jansen Perricone Tesanovich

Callahan Jelinek Pestka Toy

Caul Jellema Prusi Van Woerkom

Cherry Koetje Pumford Vander Roest

DeRossett Kuipers Richardville Vear

DeVuyst Kukuk Sanborn Voorhees

Garcia LaForge Schermesser Wojno

Geiger LaSata

In The Chair: Scranton

Rep. Bob Brown moved to reconsider the vote by which the House did not adopt the amendment.

The question being on the motion made by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Bob Brown,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 1084 Yeas--43

Bishop Gosselin Kowall Rivet

Bogardus Hale LaForge Rocca

Brater Hanley Lemmons Scranton

Brewer Hansen Martinez Sheltrown

Brown, B. Hardman Neumann Shulman

Cassis Hart Patterson Stallworth

Clark, I. Jacobs Price Thomas

Clarke, H. Jamnick Quarles Vaughn

Daniels Johnson, Ruth Reeves Woodward

DeWeese Julian Richner Woronchak

Garza Kilpatrick Rison

Nays--57

Allen Faunce Kukuk Schauer

Basham Garcia LaSata Schermesser

Birkholz Geiger Lockwood Shackleton

Bisbee Gieleghem Mead Spade

Bovin Gilbert Middaugh Stamas

Bradstreet Green Mortimer Switalski

Brown, C. Hager O'Neil Tabor

Byl Howell Pappageorge Tesanovich

Callahan Jansen Perricone Toy

Caul Jelinek Pestka Van Woerkom

Cherry Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vear

DeRossett Koetje Richardville Voorhees

DeVuyst Kuipers Sanborn Wojno

Ehardt

In The Chair: Scranton

Rep. Jellema moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Rep. Middaugh moved that Rule 49 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4297, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1085 Yeas--96

Allen Ehardt Kilpatrick Rison

Baird Faunce Koetje Rivet

Basham Frank Kuipers Sanborn

Birkholz Garcia Kukuk Schauer

Bisbee Garza LaForge Schermesser

Bogardus Geiger LaSata Scranton

Bovin Gieleghem Lemmons Shackleton

Brater Gilbert Lockwood Sheltrown

Brewer Godchaux Martinez Shulman

Brown, B. Green Mead Spade

Brown, C. Hager Middaugh Stallworth

Byl Hale Mortimer Stamas

Callahan Hanley Neumann Switalski

Cassis Hansen O'Neil Tabor

Caul Hardman Pappageorge Tesanovich

Cherry Hart Perricone Thomas

Clark, I. Howell Pestka Toy

Clarke, H. Jacobs Price Van Woerkom

Daniels Jamnick Prusi Vaughn

DeHart Jansen Pumford Vear

Dennis Jelinek Quarles Voorhees

DeRossett Jellema Reeves Wojno

DeVuyst Johnson, Rick Richardville Woodward

DeWeese Kelly Richner Woronchak

Nays--10

Bishop Johnson, Ruth Patterson Rocca

Bradstreet Julian Raczkowski Vander Roest

Gosselin Kowall

In The Chair: Scranton

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for certain capital outlay programs and state departments and agencies for the fiscal years ending September 30, 2000 and September 30, 2001; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Middaugh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Bradstreet, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

HB 4297 is a bill which has a little something for everyone. There are many worthy projects for every area of the state, some in my own district, and I do support most of the projects listed in this bill. However, in its present form, HB4297 is too pork-laden for me to support. While this is Christmas time, and we should all be in a generous mood in spending our own money, we dare not be in such a generous mood in spending the people's hard-earned tax dollars. Moreover, Christmas for some of these projects was last June. In June we appropriated $35 million for the Detroit Institute of Arts. Now we are told that we were really committed (by whom I could not ascertain) to spending $40 million, so today we are sending an additional $5 million to the DIA. In June we sent the Grand Rapids Convention Center $60 million. Now we are told that we really committed to the Grand Rapids Convention Center a total of $65, so we need to send them another $5 million. It is unfortunate that this bill contains a mix of items, some of which are the legitimate business of state government and some of which are pure pork. I cannot support the pork for the sake of the worthy projects. My 'no' vote, then, is a vote to send this bill back to the Appropriations Committee with the hope that they would strip out those items that, though perhaps worthy projects, are not the business of state government. Taxes are already too high. Fiscal responsibility should be our top priority. After all, it's not our money."

By unanimous consent the House returned to the order of

Reports of Select Committees

Senate Bill No. 463, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 4, 7, 8, 10, and 22 (MCL 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 463, entitled

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 1, 2, 4, 7, 8, 10, and 22 (MCL 125.1501, 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to create a construction code commission and prescribe its functions; to authorize the ~~commission~~ DIRECTOR to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; ~~to provide that governmental subdivisions may with exceptions elect not to be subject to certain parts of the act;~~ to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish PENALTIES, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation.

Sec. 1. This act shall be known and may be cited as the ~~"state construction code act of 1972"~~ "STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT".

Sec. 2. (1) As used in this act:

(a) "Agricultural or agricultural purposes" means of, or pertaining to, or connected with, or engaged in agriculture or tillage which is characterized by the act or business of cultivating or using land and soil for the production of crops for the use of animals or humans, and includes, but is not limited to, purposes related to agriculture, farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry.

(b) "Application for a building permit" means an application for a building permit submitted to an enforcing agency pursuant to this act and plans, specifications, surveys, statements, and other material submitted to the enforcing agency together or in connection with the application.

(c) "Barrier free design" means design complying with legal requirements for architectural designs which eliminate the type of barriers and hindrances that deter persons with disabilities from having access to and free mobility in and around a building or structure.

(d) "Board of appeals" means the construction board of appeals of a governmental subdivision provided for in section 14.

(e) "Boards" means the state plumbing and electrical administrative boards and the barrier free design board created in section 5 of 1966 PA 1, MCL 125.1355.

(f) "Building" means a combination of materials, whether portable or fixed, forming a structure affording a facility or shelter for use or occupancy by persons, animals, or property. ~~The term~~ BUILDING does not include a building, WHETHER TEMPORARY OR PERMANENT, incidental to the use for agricultural purposes of the land on which the building is located if it is not used in the business of retail trade. ~~The term shall be construed as though followed by the words~~ BUILDING INCLUDES THE MEANING "or part or parts of the building and all equipment in the building" unless the context clearly requires a different meaning.

(g) "Building envelope" means the elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior.

(h) "Business day" means a day of the year, exclusive of a Saturday, Sunday, or legal holiday.

(i) "Chief elected official" means the chairperson of the county board of commissioners, the city mayor, the village president, or the township supervisor.

(j) "Code" means the state construction code provided for in section 4 or a part ~~thereof~~ OF THAT CODE of limited application , and includes a modification of or amendment to the code.

(k) "Commission" means the state construction code commission created by section 3.

(l) "Construction" means the construction, erection, reconstruction, alteration, conversion, demolition, repair, moving, or equipping of buildings or structures.

(m) "Construction regulation" means a law, act, rule, resolution, regulation, ordinance, or code, general or special, or compilation thereof, ~~heretofore or hereafter~~ enacted or adopted BEFORE OR AFTER JANUARY 1, 1973, by this state or a county, city, village, or township including a department, board, bureau, commission, or other agency thereof, relating to the design, construction, or use of buildings and structures and the installation of equipment in the building or structure. Construction regulation does not include a zoning ordinance or rule issued pursuant to a zoning ordinance and related to zoning.

(N) "COST-EFFECTIVE", IN REFERENCE TO SECTION 4(3)(F) AND (G), MEANS, USING THE EXISTING ENERGY EFFICIENCY STANDARDS AND REQUIREMENTS AS THE BASE OF COMPARISON, THE ECONOMIC BENEFITS OF THE PROPOSED ENERGY EFFICIENCY STANDARDS AND REQUIREMENTS WILL EXCEED THE ECONOMIC COSTS OF THE REQUIREMENTS OF THE PROPOSED RULES BASED UPON AN INCREMENTAL MULTIYEAR ANALYSIS. ALL OF THE FOLLOWING PROVISIONS APPLY:

(i) THE ANALYSIS SHALL TAKE INTO CONSIDERATION THE PERSPECTIVE OF A TYPICAL FIRST-TIME HOME BUYER.

(ii) THE ANALYSIS SHALL CONSIDER BENEFITS AND COSTS OVER A 7-YEAR TIME PERIOD.

(iii) THE ANALYSIS SHALL NOT ASSUME FUEL PRICE INCREASES IN EXCESS OF THE ASSUMED GENERAL RATE OF INFLATION.

(iv) THE ANALYSIS SHALL ASSURE THAT THE BUYER OF A HOME WHO QUALIFIES TO PURCHASE THE HOME BEFORE THE ADDITION OF THE ENERGY EFFICIENT STANDARDS WOULD STILL QUALIFY TO PURCHASE THE SAME HOME AFTER THE ADDITIONAL COST OF THE ENERGY-SAVING CONSTRUCTION FEATURES.

(v) THE ANALYSIS SHALL ASSURE THAT THE COSTS OF PRINCIPAL, INTEREST, TAXES, INSURANCE, AND UTILITIES WILL NOT BE GREATER AFTER THE INCLUSION OF THE PROPOSED COST OF THE ADDITIONAL ENERGY-SAVING CONSTRUCTION FEATURES REQUIRED BY THE PROPOSED ENERGY EFFICIENCY RULES AS OPPOSED TO THE PROVISIONS OF THE EXISTING ENERGY EFFICIENCY RULES.

(O) ~~(n)~~ "Department" means the department of ~~labor~~ CONSUMER AND INDUSTRY SERVICES.

(P) ~~(o)~~ "Director" means the director of ~~labor~~ THE DEPARTMENT or an authorized representative of the director.

(Q) ~~(p)~~ "Energy conservation" means the efficient use of energy by providing building envelopes with high thermal resistance and low air leakage, and the selection of energy efficient mechanical, electrical service, and illumination systems, equipment, devices, or apparatus.

(R) ~~(q)~~ "Enforcing agency" means the enforcing agency, in accordance with section 8 or 9, which is responsible for administration and enforcement of a nationally recognized model code or this act and the code within a governmental subdivision, except for the purposes of section 19 enforcing agency means the agency in a governmental unit principally responsible for the administration and enforcement of applicable construction regulations.

(S) ~~(r)~~ "Equipment" means plumbing, heating, electrical, ventilating, air conditioning, and refrigerating equipment.

~~(s) "Executive director" means the director of the bureau of construction codes as set forth under section 7.~~

(t) "Governmental subdivision" means a county, city, village, or township which in accordance with section 8 or 9 has assumed responsibility for ~~the~~ administration and enforcement of a nationally recognized model code or this act and the code within its jurisdiction.

(u) "Mobile home" means a vehicular, portable structure built on a chassis PURSUANT TO THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974, TITLE VI OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383, 42 U.S.C. 5401 TO 5426, and designed to be used without a permanent foundation as a dwelling when connected to required utilities and which is, or is intended to be, attached to the ground, to another structure, or to a utility system on the same premises for more than 30 consecutive days.

(v) "Other laws and ordinances" means other laws and ordinances , whether enacted by this state or by a county, city, village, or township and the rules issued ~~thereunder~~ UNDER THOSE LAWS AND ORDINANCES.

(w) "Owner" means the owner of the freehold of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee, or any other person, sole proprietorship, partnership, association, or corporation directly or indirectly in control of a building, structure, or real property or his or her duly authorized agent.

(x) "Person with disabilities" means a individual whose physical characteristics have a particular relationship to that individual's ability to be self-reliant in the individual's movement throughout and use of the building environment.

(y) "Premanufactured unit" means an assembly of materials or products intended to comprise all or part of a building or structure, and which is assembled at other than the final location of the unit of the building or structures by a repetitive process under circumstances intended to insure uniformity of quality and material content. Premanufactured unit includes a mobile home.

(z) "Structure" means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. Structure does not include a structure incident to the use for agricultural purposes of the land on which the structure is located and does not include works of heavy civil construction including, ~~without limitation~~ BUT NOT LIMITED TO, a highway, bridge, dam, reservoir, lock, mine, harbor, dockside port facility, an airport landing facility and facilities for the generation or transmission, or distribution of electricity. Structure ~~shall be construed as though followed by the words~~ INCLUDES THE MEANING "or part or parts of the structure and all equipment in the structure" unless the context clearly ~~indicates otherwise~~ REQUIRES A DIFFERENT MEANING.

(2) Unless the context clearly indicates otherwise, ~~references~~ A REFERENCE to this act, or to this act and the code, ~~shall refer to~~ MEANS this act and rules promulgated pursuant to this act including the code.

SEC. 2A. (1) AS USED IN THIS ACT:

(A) "AGRICULTURAL OR AGRICULTURAL PURPOSES" MEANS OF, OR PERTAINING TO, OR CONNECTED WITH, OR ENGAGED IN AGRICULTURE OR TILLAGE WHICH IS CHARACTERIZED BY THE ACT OR BUSINESS OF CULTIVATING OR USING LAND AND SOIL FOR THE PRODUCTION OF CROPS FOR THE USE OF ANIMALS OR HUMANS, AND INCLUDES, BUT IS NOT LIMITED TO, PURPOSES RELATED TO AGRICULTURE, FARMING, DAIRYING, PASTURAGE, HORTICULTURE, FLORICULTURE, VITICULTURE, AND ANIMAL AND POULTRY HUSBANDRY.

(B) "APPLICATION FOR A BUILDING PERMIT" MEANS AN APPLICATION FOR A BUILDING PERMIT SUBMITTED TO AN ENFORCING AGENCY PURSUANT TO THIS ACT AND PLANS, SPECIFICATIONS, SURVEYS, STATEMENTS, AND OTHER MATERIAL SUBMITTED TO THE ENFORCING AGENCY TOGETHER OR IN CONNECTION WITH THE APPLICATION.

(C) "BARRIER FREE DESIGN" MEANS DESIGN COMPLYING WITH LEGAL REQUIREMENTS FOR ARCHITECTURAL DESIGNS WHICH ELIMINATE THE TYPE OF BARRIERS AND HINDRANCES THAT DETER PERSONS WITH DISABILITIES FROM HAVING ACCESS TO AND FREE MOBILITY IN AND AROUND A BUILDING OR STRUCTURE.

(D) "BOARD OF APPEALS" MEANS THE CONSTRUCTION BOARD OF APPEALS OF A GOVERNMENTAL SUBDIVISION PROVIDED FOR IN SECTION 14.

(E) "BOARDS" MEANS THE STATE PLUMBING, BOARD OF MECHANICAL RULES, AND ELECTRICAL ADMINISTRATIVE BOARDS AND THE BARRIER FREE DESIGN BOARD CREATED IN SECTION 5 OF 1966 PA 1, MCL 125.1355.

(F) "BUILDING" MEANS A COMBINATION OF MATERIALS, WHETHER PORTABLE OR FIXED, FORMING A STRUCTURE AFFORDING A FACILITY OR SHELTER FOR USE OR OCCUPANCY BY PERSONS, ANIMALS, OR PROPERTY. BUILDING DOES NOT INCLUDE A BUILDING, WHETHER TEMPORARY OR PERMANENT, INCIDENTAL TO THE USE FOR AGRICULTURAL PURPOSES OF THE LAND ON WHICH THE BUILDING IS LOCATED IF IT IS NOT USED IN THE BUSINESS OF RETAIL TRADE. BUILDING INCLUDES THE MEANING "OR PART OR PARTS OF THE BUILDING AND ALL EQUIPMENT IN THE BUILDING" UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFERENT MEANING.

(G) "BUILDING ENVELOPE" MEANS THE ELEMENTS OF A BUILDING WHICH ENCLOSE CONDITIONED SPACES THROUGH WHICH THERMAL ENERGY MAY BE TRANSFERRED TO OR FROM THE EXTERIOR.

(H) "BUSINESS DAY" MEANS A DAY OF THE YEAR, EXCLUSIVE OF A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

(I) "CHIEF ELECTED OFFICIAL" MEANS THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS, THE CITY MAYOR, THE VILLAGE PRESIDENT, OR THE TOWNSHIP SUPERVISOR.

(J) "CODE" MEANS THE STATE CONSTRUCTION CODE PROVIDED FOR IN SECTION 4 OR A PART OF THAT CODE OF LIMITED APPLICATION AND INCLUDES A MODIFICATION OF OR AMENDMENT TO THE CODE.

(K) "COMMISSION" MEANS THE STATE CONSTRUCTION CODE COMMISSION CREATED BY SECTION 3.

(l) "CONSTRUCTION" MEANS THE CONSTRUCTION, ERECTION, RECONSTRUCTION, ALTERATION, CONVERSION, DEMOLITION, REPAIR, MOVING, OR EQUIPPING OF BUILDINGS OR STRUCTURES.

(M) "CONSTRUCTION REGULATION" MEANS A LAW, ACT, RULE, REGULATION, OR CODE, GENERAL OR SPECIAL, OR COMPILATION THEREOF, ENACTED OR ADOPTED BEFORE OR AFTER JANUARY 1, 1973, BY THIS STATE INCLUDING A DEPARTMENT, BOARD, BUREAU, COMMISSION, OR OTHER AGENCY THEREOF, RELATING TO THE DESIGN, CONSTRUCTION, OR USE OF BUILDINGS AND STRUCTURES AND THE INSTALLATION OF EQUIPMENT IN THE BUILDING OR STRUCTURE. CONSTRUCTION REGULATION DOES NOT INCLUDE A ZONING ORDINANCE OR RULE ISSUED PURSUANT TO A ZONING ORDINANCE AND RELATED TO ZONING.

(i) THE ANALYSIS SHALL TAKE INTO CONSIDERATION THE PERSPECTIVE OF A TYPICAL FIRST-TIME HOME BUYER.

(ii) THE ANALYSIS SHALL CONSIDER BENEFITS AND COSTS OVER A 7-YEAR TIME PERIOD.

(iii) THE ANALYSIS SHALL NOT ASSUME FUEL PRICE INCREASES IN EXCESS OF THE ASSUMED GENERAL RATE OF INFLATION.

(O) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES.

(P) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT OR AN AUTHORIZED REPRESENTATIVE OF THE DIRECTOR.

(Q) "ENERGY CONSERVATION" MEANS THE EFFICIENT USE OF ENERGY BY PROVIDING BUILDING ENVELOPES WITH HIGH THERMAL RESISTANCE AND LOW AIR LEAKAGE, AND THE SELECTION OF ENERGY EFFICIENT MECHANICAL, ELECTRICAL SERVICE, AND ILLUMINATION SYSTEMS, EQUIPMENT, DEVICES, OR APPARATUS.

(R) "ENFORCING AGENCY" MEANS THE ENFORCING AGENCY, IN ACCORDANCE WITH SECTION 8A OR 8B, WHICH IS RESPONSIBLE FOR ADMINISTRATION AND ENFORCEMENT OF THE CODE WITHIN A GOVERNMENTAL SUBDIVISION, EXCEPT FOR THE PURPOSES OF SECTION 19 ENFORCING AGENCY MEANS THE AGENCY IN A GOVERNMENTAL UNIT PRINCIPALLY RESPONSIBLE FOR THE ADMINISTRATION AND ENFORCEMENT OF APPLICABLE CONSTRUCTION REGULATIONS.

(S) "EQUIPMENT" MEANS PLUMBING, HEATING, ELECTRICAL, VENTILATING, AIR CONDITIONING, AND REFRIGERATING EQUIPMENT.

(T) "GOVERNMENTAL SUBDIVISION" MEANS A COUNTY, CITY, VILLAGE, OR TOWNSHIP WHICH IN ACCORDANCE WITH SECTION 8 HAS ASSUMED RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE WITHIN ITS JURISDICTION.

(U) "MOBILE HOME" MEANS A VEHICULAR, PORTABLE STRUCTURE BUILT ON A CHASSIS PURSUANT TO THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT 1974, TITLE VI OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383, 42 U.S.C. 5401 TO 5426, AND DESIGNED TO BE USED WITHOUT A PERMANENT FOUNDATION AS A DWELLING WHEN CONNECTED TO REQUIRED UTILITIES AND WHICH IS, OR IS INTENDED TO BE, ATTACHED TO THE GROUND, TO ANOTHER STRUCTURE, OR TO A UTILITY SYSTEM ON THE SAME PREMISES FOR MORE THAN 30 CONSECUTIVE DAYS.

(V) "OTHER LAWS AND ORDINANCES" MEANS OTHER LAWS AND ORDINANCES WHETHER ENACTED BY THIS STATE OR BY A COUNTY, CITY, VILLAGE, OR TOWNSHIP AND THE RULES ISSUED UNDER THOSE LAWS AND ORDINANCES.

(W) "OWNER" MEANS THE OWNER OF THE FREEHOLD OF THE PREMISES OR LESSER ESTATE IN THE PREMISES, A MORTGAGEE OR VENDEE IN POSSESSION, AN ASSIGNEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE, OR ANY OTHER PERSON, SOLE PROPRIETORSHIP, PARTNERSHIP, ASSOCIATION, OR CORPORATION DIRECTLY OR INDIRECTLY IN CONTROL OF A BUILDING, STRUCTURE, OR REAL PROPERTY OR HIS OR HER DULY AUTHORIZED AGENT.

(X) "PERSON WITH DISABILITIES" MEANS A INDIVIDUAL WHOSE PHYSICAL CHARACTERISTICS HAVE A PARTICULAR RELATIONSHIP TO THAT INDIVIDUAL'S ABILITY TO BE SELF-RELIANT IN THE INDIVIDUAL'S MOVEMENT THROUGHOUT AND USE OF THE BUILDING ENVIRONMENT.

(Y) "PREMANUFACTURED UNIT" MEANS AN ASSEMBLY OF MATERIALS OR PRODUCTS INTENDED TO COMPRISE ALL OR PART OF A BUILDING OR STRUCTURE, AND WHICH IS ASSEMBLED AT OTHER THAN THE FINAL LOCATION OF THE UNIT OF THE BUILDING OR STRUCTURES BY A REPETITIVE PROCESS UNDER CIRCUMSTANCES INTENDED TO INSURE UNIFORMITY OF QUALITY AND MATERIAL CONTENT. PREMANUFACTURED UNIT INCLUDES A MOBILE HOME.

(Z) "STRUCTURE" MEANS THAT WHICH IS BUILT OR CONSTRUCTED, AN EDIFICE OR BUILDING OF ANY KIND, OR A PIECE OF WORK ARTIFICIALLY BUILT UP OR COMPOSED OF PARTS JOINED TOGETHER IN SOME DEFINITE MANNER. STRUCTURE DOES NOT INCLUDE A STRUCTURE INCIDENT TO THE USE FOR AGRICULTURAL PURPOSES OF THE LAND ON WHICH THE STRUCTURE IS LOCATED AND DOES NOT INCLUDE WORKS OF HEAVY CIVIL CONSTRUCTION INCLUDING, BUT NOT LIMITED TO, A HIGHWAY, BRIDGE, DAM, RESERVOIR, LOCK, MINE, HARBOR, DOCKSIDE PORT FACILITY, AN AIRPORT LANDING FACILITY AND FACILITIES FOR THE GENERATION OR TRANSMISSION, OR DISTRIBUTION OF ELECTRICITY. STRUCTURE INCLUDES THE MEANING "OR PART OR PARTS OF THE STRUCTURE AND ALL EQUIPMENT IN THE STRUCTURE" UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFERENT MEANING.

(2) UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, A REFERENCE TO THIS ACT, OR TO THIS ACT AND THE CODE, MEANS THIS ACT AND RULES PROMULGATED PURSUANT TO THIS ACT INCLUDING THE CODE.

SEC. 3A. (1) THE STATE CONSTRUCTION CODE COMMISSION IS CREATED AND CONSISTS OF A DESIGNEE OF THE OFFICE OF FIRE SAFETY AND 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 RESIDENTS OF THE STATE TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. APPOINTED MEMBERS OF THE COMMISSION SHALL INCLUDE 1 PERSON FROM EACH OF THE FIELDS OF INDUSTRIAL MANAGEMENT, ARCHITECTURE, PROFESSIONAL ENGINEERING, BUILDING CONTRACTING, ORGANIZED LABOR, PREMANUFACTURED BUILDING, AND 3 MEMBERS REPRESENTING MUNICIPAL BUILDING INSPECTION; 2 PERSONS FROM THE GENERAL PUBLIC; AND A LICENSED RESIDENTIAL BUILDER. A MEMBER OF THE COMMISSION SHALL BE APPOINTED FOR A TERM OF 2 YEARS, EXCEPT THAT A VACANCY SHALL BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM. 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 SHALL BE MADE A MATTER OF RECORD IN ITS OFFICIAL PROCEEDINGS. EACH MEMBER OF THE COMMISSION, EXCEPT THE STATE FIRE MARSHAL OR THE STATE FIRE MARSHAL'S DESIGNEE, SHALL RECEIVE COMPENSATION AND ACTUAL EXPENSES INCURRED BY THE MEMBER IN THE PERFORMANCE OF THE DUTIES AS A MEMBER OF THE COMMISSION. THE PER DIEM COMPENSATION OF THE MEMBERS AND THE SCHEDULE FOR REIMBURSEMENT OF EXPENSES SHALL BE ESTABLISHED ANNUALLY BY THE LEGISLATURE.

(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.

(3) THE COMMISSION SHALL ELECT 1 MEMBER AS CHAIRPERSON, ANOTHER AS VICE-CHAIRPERSON, AND OTHER OFFICERS AS IT DETERMINES APPROPRIATE, FOR THE TERMS AND WITH THE DUTIES AND POWERS AS THE COMMISSION DETERMINES. THE CHAIRPERSON AND VICE-CHAIRPERSON OF THE COMMISSION SHALL BE ELECTED FROM THOSE MEMBERS APPOINTED TO THE COMMISSION BY THE GOVERNOR.

(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.

(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.

(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.

Sec. 4. (1) ~~Except as provided in subsection (6), the commission~~ THE DIRECTOR shall prepare and promulgate the state construction code consisting of rules governing the construction, use, and occupation of buildings and structures, including land area incidental to the buildings and structures, the manufacture and installation of building components and equipment, the construction and installation of premanufactured units, the standards and requirements for materials to be used in connection with the units, and other requirements relating to the safety, including safety from fire, and sanitation facilities of the buildings and structures.

(2) ~~The~~ UNTIL THE DATE SECTIONS 2A, 3A, 8A, 8B, AND 9B APPLY, THE code shall consist of nationally recognized model building codes, other nationally recognized model codes and standards, and amendments, additions, or deletions to the building code or other codes and standards as the ~~commission~~ DIRECTOR determines appropriate. AFTER THE DATE SECTIONS 2, 3, 8, 9, AND 9A ARE REPEALED, THE CODE SHALL CONSIST OF THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL PLUMBING CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, THE NATIONAL ELECTRICAL CODE PUBLISHED BY THE NATIONAL FIRE PREVENTION ASSOCIATION, AND THE MICHIGAN UNIFORM ENERGY CODE WITH AMENDMENTS, ADDITIONS, OR DELETIONS AS THE DIRECTOR DETERMINES APPROPRIATE.

(3) The code shall be designed to effectuate the general purposes of this act and the following objectives and standards:

(a) To provide standards and requirements for construction and construction materials consistent with nationally recognized standards and requirements.

(b) To formulate standards and requirements, to the extent practicable in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability.

(c) To permit to the fullest extent feasible the use of modern technical methods, devices, and improvements, including premanufactured units, consistent with reasonable requirements for the health, safety, and welfare of the occupants and users of buildings and structures.

(d) To eliminate restrictive, obsolete, conflicting, and unnecessary construction regulations that tend to increase construction costs unnecessarily or restrict the use of new materials, products, or methods of construction, or provide preferential treatment to types or classes of materials or products or methods of construction.

(e) To insure adequate maintenance of buildings and structures throughout this state and to adequately protect the health, safety, and welfare of the people.

(f) To provide standards and requirements for cost-effective energy efficiency that will be effective April 1, 1997.

(g) Upon periodic review, to continue to seek ever-improving, cost-effective energy efficiencies.

(h) The development of a voluntary consumer information system relating to energy efficiencies.

(4) The code shall be divided into sections as the ~~commission~~ DIRECTOR considers appropriate including, without limitation, building, plumbing, electrical, and mechanical sections. The boards shall participate in and work with the staff of the ~~commission~~ DIRECTOR in the preparation of parts relating to their functions. Before the promulgation of an amendment to the code, the boards whose functions relate to that code shall be permitted to draft and recommend to the ~~commission~~ DIRECTOR proposed language. The ~~commission~~ DIRECTOR shall give consideration to all submissions by the boards. However, the ~~commission~~ DIRECTOR has final responsibility for the promulgation of the code.

(5) The code may incorporate the provisions of a code, standard, or other material by reference. The ~~commission~~ DIRECTOR shall add, amend, and rescind rules to update the code not less than once every 3 years to coincide with the national code change cycle.

(6) Until March 31, 1997, or until the adoption of changes to the code under subsection (3)(f), the standards for energy conservation in the construction of a building envelope shall be those set forth in Standards 90A-1980 or 90B-1975, as applicable, published by the American society of heating, refrigerating and air-conditioning engineers, incorporated, except for section 1.6 of 90A-1980. It is intended that the model energy code contained in rules promulgated by the commission be rescinded on the effective date of this subsection.

Sec. 7. (1) After consultation and with the approval of the commission, the director ~~of labor shall appoint an executive director of the commission and~~ may DO THE FOLLOWING:

(a) Subject to civil service requirements, appoint subordinate officers and employees of the commission, including legal counsel, and prescribe their duties and fix their compensation.

(b) Appoint or use experts, consultants, technical advisers, and advisory committees for assistance and recommendations relative to preparation and promulgation of the code and to assist the commission and the ~~executive~~ director in carrying out this act.

(c) Subject to the advice of the commission, do those things necessary or desirable to effectuate the general purposes and specific objectives of this act.

(2) The director ~~of labor~~ shall cooperate with agencies of the federal government, may enter into contracts to receive funds, and may receive grants from the federal government to carry out the purposes of this act.

Sec. 8. (1) ~~This~~ EXCEPT AS OTHERWISE PROVIDED IN SECTION 8A AND UNTIL THE PROMULGATION OF THE COMPLETE CODE UPDATE UNDER SECTION 4, THIS act and the code apply throughout the state, except that a governmental subdivision may elect to exempt itself from certain parts of this act and the code by adopting and enforcing a nationally recognized model building code or other nationally recognized model codes. It is not necessary for a governmental subdivision to elect to exempt itself from every part of the code promulgated by the ~~commission~~ DIRECTOR in order to preserve its exemption election as to 1 or more nationally recognized model codes. A governmental subdivision may make this election by the passage of an ordinance adopting by reference or otherwise without amendment a nationally recognized model building code or other nationally recognized model codes. A county ordinance adopted pursuant to this act shall be adopted by the county board of commissioners and shall be signed by the chairperson of the county board of commissioners and certified by the county clerk. A governmental subdivision that elects not to be governed by certain parts of this act and the code shall review and update its codes by amending its ordinance at least once every 3 years by adopting without amendment all changes to those codes and submitting a certified copy of the amended ordinance to the commission. However, a governmental subdivision adopting nationally recognized model codes may approve amendments to those codes by ordinance. The amendments shall become effective 90 days after passage of the ordinance and 90 days after a certified copy of the ordinance is delivered to the commission, unless the commission determines after a public hearing that the codes, as amended, do not adequately protect the health, safety, or welfare of the people of the governmental subdivision, or that the amendments tend to unnecessarily increase construction costs; restrict the use of new materials, products, or methods of construction; provide preferential treatment to types or classes of materials, products, or methods of construction; or obstruct the substantive uniformity of building codes within a region or locality in the state.

(2) Within 10 days after December 30, 1980, the ~~executive~~ director shall provide a notice of intent form to all governmental subdivisions administering and enforcing a nationally recognized model code. This form shall set forth the date return receipt is required, which date shall not be less than 60 days after receipt. The chief elected official of the governmental subdivision that receives this notice shall indicate on the form the intention of the governmental subdivision as to whether it shall continue to administer and enforce its code and transmit this notice to the ~~executive~~ director within the prescribed period. If a governmental subdivision fails to submit a notice of intent to continue to administer and enforce its code within the date set forth in the notice, the ~~executive~~ director shall send a notice by registered mail to the clerk of that governmental subdivision. The registered notice shall indicate that the governmental subdivision has 15 additional days in which to submit a notice of intent to continue to administer and enforce its code. If the governmental subdivision does not respond by the end of the 15 additional days, it shall be conclusively presumed that the governmental subdivision does not intend to continue to administer and enforce its code, and the ~~executive~~ director shall assume the responsibility for administering and enforcing this act and the code in that governmental subdivision, unless the county within which that governmental subdivision is located has submitted a notice of intent to continue to administer and enforce this act and the code. Governmental subdivisions may provide by agreement for joint enforcement of another nationally recognized model code adopted pursuant to subsection (1).

(3) A county that was administering and enforcing this act and the code pursuant to section 9(1) on December 30, 1980, and has submitted a notice of intent to continue to administer and enforce the code to the ~~executive~~ director pursuant to section 9, after December 30, 1980, may exempt itself pursuant to subsection (1) by the passage of an ordinance adopting by reference or otherwise without amendment a nationally recognized model building code or other nationally recognized model codes. However, that action shall not take effect until 90 days after passage of an ordinance to that effect. Before the effective date of this action and the effective date of the ordinance, a county that proposes to adopt an ordinance to this effect shall file the proposed ordinance for approval pursuant to subsection (1) with the commission. The commission shall review the proposed ordinance. If the commission does not approve or disapprove the proposed ordinance within 90 days after it is filed with the commission, the proposed ordinance shall be considered approved unless the county grants the commission additional time to consider the proposed ordinance. The ~~executive~~ director shall notify a county that elects to exempt itself pursuant to subsection (1) of all governmental subdivisions within their jurisdiction that have not submitted a notice of intent to continue to administer and enforce its code. It is the responsibility of that county to administer and enforce that code for all of the governmental subdivisions within the county that have not submitted a notice of intent to continue to administer and enforce its code within its jurisdiction. A structure commenced under an effective code shall be completed under that code. A county that elects to exempt itself in accordance with this subsection may exercise the option to administer and enforce this act and the code pursuant to section 9(1). However, the exercise of this election to administer and enforce this act and the code shall not take effect until 6 months after passage of an ordinance to that effect.

(4) A governmental subdivision that has elected to assume responsibility for the administration and enforcement of this act and the code, and has submitted a notice of intent to continue to administer and enforce the code to the ~~executive~~ director pursuant to section 9, after December 30, 1980, may reverse that election and exempt itself pursuant to subsection (1) by the passage of an ordinance adopting by reference or otherwise without amendment a nationally recognized model building code or other nationally recognized model codes. However, that action shall not take effect until 90 days after passage of an ordinance to that effect. Before the effective date of this action and the effective date of the ordinance, a governmental subdivision that proposes to adopt an ordinance to this effect shall file the proposed

ordinance for approval pursuant to subsection (1) with the commission. The commission shall review the proposed ordinance. If the commission does not approve or disapprove the proposed ordinance within 90 days after it is filed with the commission, the proposed ordinance shall be considered approved unless the governmental subdivision grants the commission additional time to consider the proposed ordinance. A structure commenced under an effective code shall be completed under that code. A governmental subdivision that elects to exempt itself in accordance with this subsection may exercise the option to make itself subject to this act and the code pursuant to section 9(1). However, the exercise of this election to be subject to this act and the code shall not take effect until 6 months after passage of an ordinance to that effect.

(5) A governmental subdivision that has elected to exempt itself pursuant to subsection (1) may reverse that election, making itself subject to the act and the code. However, that action shall not take effect until 60 days after passage of an ordinance to that effect. A structure commenced under an effective code shall be completed under that code. A governmental subdivision that elects to make itself subject to the code in accordance with this subsection may exercise the option to exempt itself pursuant to subsection (1) not later than 3 years after its administration and enforcement of the code. However, that exemption shall not take effect until 1 year after passage of an ordinance to that effect.

(6) A governmental subdivision that before December 30, 1980, has not administered and enforced either this act and the code or another nationally recognized model code may elect to exempt itself from certain parts of this act and the code pursuant to subsection (1) by the passage of an ordinance to that effect. A governmental subdivision that makes this election after December 30, 1980 shall submit, in addition to the ordinance, an application to the commission for approval to administer and enforce that code within its jurisdiction. This application shall be made on the proper form to be provided by the commission. The standards for approval shall include, but not be limited to, the certification by the governmental subdivision that the enforcing agency is qualified by experience or training to administer and enforce that nationally recognized model code and all related acts and rules, that agency personnel are provided as necessary, administrative services are provided, plan review services are provided, and timely field inspection services shall be provided. The ~~executive~~ director shall seek additional information if the ~~executive~~ director considers it necessary. The commission shall render a decision on the application for approval to administer and enforce that code that has been adopted and transmit its findings to that governmental subdivision within 90 days of receipt of the application. The commission shall document its reasons if the commission disapproves an application. A governmental subdivision that receives a disapproval may resubmit its application for approval. Upon receipt of approval from the commission for the administration and enforcement of that adopted code, the governmental subdivision shall administer and enforce that code within its jurisdiction pursuant to the provisions of its approved application.

(7) The state construction code or any of its sections shall take effect 6 months after the code's initial promulgation. The 6-month delay does not apply to rules promulgated to implement sections 13a, 13b, 19, and 21 and the requirements of barrier free design and energy conservation of this act and code. A governmental subdivision may not exempt itself from the requirements of this section, section 9(8) or (10), or section 9a, 10, 13a, 13b, 14, 15, 20, 21a, 22(1), 23, or 23a. The 6-month delay does not apply to amendments to the code or any of the code's sections after the initial promulgation. A governmental subdivision that elects to exempt itself from this act and the code may do so within 6 months after the promulgation of the code in the manner provided in subsection (1), except that any amendments the governmental subdivision adopts at that time are subject to review by the commission as set forth in subsection (1) within 120 days after a copy of the adopted amendments is delivered to the commission by certified mail with return receipt requested.

(8) A governmental subdivision that elects to exempt itself from certain parts of this act and the code pursuant to subsection (1) and is enforcing its code within its jurisdiction pursuant to subsection (1) may rescind that ordinance by which it elected to exempt itself from certain parts of this act and the code, and transfer the responsibility for the administration and enforcement of this act and the code within the governmental subdivision to the ~~executive~~ director. The ~~executive~~ director shall assume the responsibility for administering and enforcing this act and the code in that governmental subdivision, unless the county within which that governmental subdivision is located has submitted a notice of intent to continue to administer and enforce the code. However, that action shall not take effect until 12 months after the passage of an ordinance to that effect. A structure commenced under an effective code shall be completed under that code.

(9) Locally adopted codes do not apply to public or nonpublic schools within the governmental subdivision without concurrence by the school authorities having jurisdiction.

(10) Sections 10, 13a, 13b, 16, 17, 18, 19, 21, 21a, and 23a, subsection (13), and other provisions of this act and code directly relating to the provisions of sections 10, 13a, 13b, 16, 17, 18, 19, 21, 21a, and 23a, subsection (13), and provisions of the code relating to the requirements of barrier free design, energy conservation, and, except as provided in subsection (11), for plans submitted for approval after January 1, 1994 the type and number of plumbing fixtures for men and women required in an assembly building with an occupancy of more than 150 are effective throughout the state without local modifications notwithstanding the exception of subsections (1) to (9). The standards for premanufactured housing shall not be less than the standards required for nonpremanufactured housing, except that

mobile homes shall be considered to have complied with this requirement by compliance with the state code provisions adopting a nationally recognized mobile home code. As used in this subsection, "assembly building" means a theater, sports arena, stadium, food service establishment with or without a liquor license, exhibition hall, library, recreation center, passenger terminal, and outdoor assembly structure which includes an outdoor grandstand, bleacher, colosseum, stadium, amusement park structure, and fair or carnival structure.

(11) With respect to the type and number of plumbing fixtures required for men and women in an assembly building pursuant to subsection (10), the ~~executive~~ director, in his or her sole discretion, may exempt from the effective date provision those projects for which plans were near finalization before January 1, 1994, but were submitted after that date.

(12) The commission may limit the application of a part of the code to include or exclude the following:

(a) Specified classes or types of buildings or structures, according to use, or other distinctions as may make differentiation or separate classification or regulation necessary, proper, or desirable. The commission shall consider the specific problems of the construction or alteration of a single family, owner-occupied recreational dwelling that is located in a sparsely populated area and that is to be occupied on a part-time basis.

(b) Specified areas of the state based on size, population density, special conditions prevailing in the area, or other factors as may make differentiation or separate classification or regulation necessary, proper, or desirable.

(13) A building or structure that has baby changing stations in the women's restrooms shall have baby changing stations in the men's restrooms.

(14) THE CODE SHALL PROVIDE, WHERE APPROPRIATE, FOR STANDARDS INVOLVING LOCATION AND CONSTRUCTION OF RATWALLS THAT ARE NOT LESS THAN THOSE STANDARDS IN EXISTENCE ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.

SEC. 8A. (1) THIS ACT AND THE CODE APPLY THROUGHOUT THE STATE.

(2) WITHIN 10 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, THE DIRECTOR SHALL PROVIDE A NOTICE OF INTENT FORM TO ALL GOVERNMENTAL SUBDIVISIONS ADMINISTERING AND ENFORCING A NATIONALLY RECOGNIZED MODEL CODE OTHER THAN THE CODE ESTABLISHED BY THE COMMISSION UNDER THIS ACT. THIS FORM SHALL SET FORTH THE DATE RETURN RECEIPT IS REQUIRED, WHICH DATE SHALL NOT BE LESS THAN 60 DAYS AFTER RECEIPT. THE CHIEF ELECTED OFFICIAL OF THE GOVERNMENTAL SUBDIVISION THAT RECEIVES THIS NOTICE SHALL INDICATE ON THE FORM THE INTENTION OF THE GOVERNMENTAL SUBDIVISION AS TO WHETHER IT SHALL ADMINISTER AND ENFORCE THE CODE AND TRANSMIT THIS NOTICE TO THE DIRECTOR WITHIN THE PRESCRIBED PERIOD. IF A GOVERNMENTAL SUBDIVISION FAILS TO SUBMIT A NOTICE OF INTENT TO ADMINISTER AND ENFORCE THE CODE WITHIN THE DATE SET FORTH IN THE NOTICE, THE DIRECTOR SHALL SEND A NOTICE BY REGISTERED MAIL TO THE CLERK OF THAT GOVERNMENTAL SUBDIVISION. THE REGISTERED NOTICE SHALL INDICATE THAT THE GOVERNMENTAL SUBDIVISION HAS 15 ADDITIONAL DAYS IN WHICH TO SUBMIT A NOTICE OF INTENT TO ADMINISTER AND ENFORCE THE CODE. IF THE GOVERNMENTAL SUBDIVISION DOES NOT RESPOND BY THE END OF THE 15 ADDITIONAL DAYS, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE GOVERNMENTAL SUBDIVISION DOES NOT INTEND TO ADMINISTER AND ENFORCE THE CODE, AND THE DIRECTOR SHALL ASSUME THE RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE IN THAT GOVERNMENTAL SUBDIVISION, UNLESS THE COUNTY WITHIN WHICH THAT GOVERNMENTAL SUBDIVISION IS LOCATED HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE. GOVERNMENTAL SUBDIVISIONS MAY PROVIDE BY AGREEMENT FOR JOINT ENFORCEMENT OF THE CODE.

(3) A GOVERNMENTAL SUBDIVISION THAT HAS ELECTED TO ASSUME RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE, AND HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THE CODE TO THE DIRECTOR PURSUANT TO SECTION 8B, AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, MAY REVERSE THAT ELECTION.

(4) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION, HAS ELECTED TO EXEMPT ITSELF PURSUANT TO SECTION 8(1) MAY REVERSE THAT ELECTION, MAKING ITSELF SUBJECT TO THE ACT AND THE CODE. HOWEVER, THAT ACTION SHALL NOT TAKE EFFECT UNTIL 60 DAYS AFTER PASSAGE OF AN ORDINANCE TO THAT EFFECT. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL BE COMPLETED UNDER THAT CODE.

(5) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION, HAS NOT ADMINISTERED AND ENFORCED EITHER THIS ACT AND THE CODE OR ANOTHER NATIONALLY RECOGNIZED MODEL CODE MAY ELECT TO ENFORCE THIS ACT AND THE CODE PURSUANT TO SUBSECTION (1) BY THE PASSAGE OF AN ORDINANCE TO THAT EFFECT. A GOVERNMENTAL SUBDIVISION THAT MAKES THIS ELECTION AFTER THE EFFECTIVE DATE OF THIS SUBSECTION SHALL SUBMIT, IN ADDITION TO THE ORDINANCE, AN APPLICATION TO THE COMMISSION FOR APPROVAL TO ADMINISTER AND ENFORCE THAT CODE WITHIN ITS JURISDICTION. THIS APPLICATION SHALL BE MADE ON THE PROPER FORM TO BE PROVIDED BY THE COMMISSION. THE STANDARDS FOR APPROVAL SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CERTIFICATION BY THE GOVERNMENTAL SUBDIVISION THAT THE ENFORCING AGENCY IS QUALIFIED BY EXPERIENCE OR TRAINING TO ADMINISTER AND ENFORCE THE CODE AND ALL RELATED ACTS AND RULES, THAT AGENCY PERSONNEL ARE PROVIDED AS NECESSARY, ADMINISTRATIVE SERVICES ARE PROVIDED, PLAN REVIEW SERVICES ARE PROVIDED, AND TIMELY FIELD INSPECTION SERVICES SHALL BE PROVIDED. THE DIRECTOR SHALL SEEK ADDITIONAL INFORMATION IF THE DIRECTOR CONSIDERS IT NECESSARY. THE COMMISSION SHALL RENDER A DECISION ON THE APPLICATION FOR APPROVAL TO ADMINISTER AND ENFORCE THE CODE THAT HAS BEEN ADOPTED AND TRANSMIT ITS FINDINGS TO THAT GOVERNMENTAL SUBDIVISION WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION. THE COMMISSION SHALL DOCUMENT ITS REASONS IF THE COMMISSION DISAPPROVES AN APPLICATION. A GOVERNMENTAL SUBDIVISION THAT RECEIVES A DISAPPROVAL MAY RESUBMIT ITS APPLICATION FOR APPROVAL. UPON RECEIPT OF APPROVAL FROM THE COMMISSION FOR THE ADMINISTRATION AND ENFORCEMENT OF THE CODE, THE GOVERNMENTAL SUBDIVISION SHALL ADMINISTER AND ENFORCE THE CODE WITHIN ITS JURISDICTION PURSUANT TO THE PROVISIONS OF ITS APPROVED APPLICATION.

(6) THE CODE OR ANY OF ITS SECTIONS SHALL TAKE EFFECT 6 MONTHS AFTER THE CODE'S INITIAL PROMULGATION. THE 6-MONTH DELAY DOES NOT APPLY TO RULES PROMULGATED TO IMPLEMENT SECTIONS 13A, 13B, 13C, 19, AND 21 AND THE REQUIREMENTS OF BARRIER FREE DESIGN AND ENERGY CONSERVATION OF THIS ACT AND CODE. THE 6-MONTH DELAY DOES NOT APPLY TO AMENDMENTS TO THE CODE OR ANY OF THE CODE'S SECTIONS AFTER THE INITIAL PROMULGATION.

(7) THE STANDARDS FOR PREMANUFACTURED HOUSING SHALL NOT BE LESS THAN THE STANDARDS REQUIRED FOR NONPREMANUFACTURED HOUSING, EXCEPT THAT MANUFACTURED HOMES LABELED PURSUANT TO THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974, TITLE VI OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, PUBLIC LAW 93-383, 42 U.S.C. 5401 TO 5426, SHALL BE CONSIDERED TO HAVE COMPLIED WITH THIS REQUIREMENT.

(8) THE COMMISSION MAY LIMIT THE APPLICATION OF A PART OF THE CODE TO INCLUDE OR EXCLUDE THE FOLLOWING:

(A) SPECIFIED CLASSES OR TYPES OF BUILDINGS OR STRUCTURES, ACCORDING TO USE, OR OTHER DISTINCTIONS AS MAY MAKE DIFFERENTIATION OR SEPARATE CLASSIFICATION OR REGULATION NECESSARY, PROPER, OR DESIRABLE. THE COMMISSION SHALL CONSIDER THE SPECIFIC PROBLEMS OF THE CONSTRUCTION OR ALTERATION OF A SINGLE FAMILY, OWNER-OCCUPIED RECREATIONAL DWELLING THAT IS LOCATED IN A SPARSELY POPULATED AREA AND THAT IS TO BE OCCUPIED ON A PART-TIME BASIS.

(B) SPECIFIED AREAS OF THE STATE BASED ON SIZE, POPULATION DENSITY, SPECIAL CONDITIONS PREVAILING IN THE AREA, OR OTHER FACTORS AS MAY MAKE DIFFERENTIATION OR SEPARATE CLASSIFICATION OR REGULATION NECESSARY, PROPER, OR DESIRABLE.

(9) A BUILDING OR STRUCTURE THAT HAS BABY CHANGING STATIONS IN THE WOMEN'S RESTROOMS SHALL HAVE BABY CHANGING STATIONS IN THE MEN'S RESTROOMS.

(10) THE CODE SHALL PROVIDE, WHERE APPROPRIATE, FOR STANDARDS INVOLVING LOCATION AND CONSTRUCTION OF RATWALLS THAT ARE NOT LESS THAN THOSE STANDARDS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION.

SEC. 8B. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE DIRECTOR IS RESPONSIBLE FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE. A GOVERNMENTAL SUBDIVISION MAY BY ORDINANCE ASSUME RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT WITHIN ITS POLITICAL BOUNDARY. A COUNTY ORDINANCE ADOPTED PURSUANT TO THIS ACT SHALL BE ADOPTED BY THE COUNTY BOARD OF COMMISSIONERS AND SHALL BE SIGNED BY THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSIONERS AND CERTIFIED BY THE COUNTY CLERK.

(2) A GOVERNMENTAL SUBDIVISION THAT HAS ASSUMED THE RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE MAY, THROUGH ITS CHIEF LEGAL OFFICER, ISSUE A COMPLAINT AND OBTAIN A WARRANT FOR A VIOLATION OF THIS ACT OR THE CODE AND PROSECUTE THE VIOLATION WITH THE SAME POWER AND AUTHORITY IT POSSESSES IN PROSECUTING A LOCAL ORDINANCE VIOLATION. IF PURSUANT TO SECTION 23, A GOVERNMENTAL SUBDIVISION HAS BY ORDINANCE DESIGNATED A VIOLATION OF THE ACT OR CODE AS A MUNICIPAL CIVIL INFRACTION, THE GOVERNMENTAL SUBDIVISION MAY ISSUE A CITATION OR MUNICIPAL ORDINANCE VIOLATION NOTICE PURSUANT TO CHAPTER 87 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.8701 TO 600.8735, FOR A VIOLATION OF THE ACT OR CODE. UNLESS OTHERWISE PROVIDED BY LOCAL LAW OR ORDINANCE, THE LEGISLATIVE BODY OF A GOVERNMENTAL SUBDIVISION RESPONSIBLE FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE SHALL DESIGNATE AN ENFORCING AGENCY THAT SHALL DISCHARGE THE RESPONSIBILITIES OF THE GOVERNMENTAL SUBDIVISION UNDER THIS ACT. GOVERNMENTAL SUBDIVISIONS MAY PROVIDE BY AGREEMENT FOR JOINT ENFORCEMENT OF THIS ACT.

(3) SUBJECT TO THE OTHER PROVISIONS OF THIS ACT, AN ENFORCING AGENCY IS ANY OFFICIAL OR AGENT OF A GOVERNMENTAL SUBDIVISION THAT IS REGISTERED UNDER THE BUILDING OFFICIALS AND INSPECTORS REGISTRATION ACT, 1986 PA 54, MCL 338.2301 TO 338.2313, QUALIFIED BY EXPERIENCE OR TRAINING TO PERFORM THE DUTIES ASSOCIATED WITH CONSTRUCTION CODE ADMINISTRATION AND ENFORCEMENT.

(4) BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL PROVIDE EACH GOVERNMENTAL SUBDIVISION ADMINISTERING AND ENFORCING THIS ACT AND THE CODE WITH A NOTICE OF INTENT FORM. THIS FORM SHALL SET FORTH THE DATE RETURN RECEIPT IS REQUIRED, WHICH DATE SHALL NOT BE LESS THAN 60 DAYS. THE CHIEF ELECTED OFFICIAL OF THE GOVERNMENTAL SUBDIVISION THAT RECEIVES THIS NOTICE SHALL INDICATE ON THE FORM THE INTENTION OF THE GOVERNMENTAL SUBDIVISION AS TO WHETHER IT SHALL CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE AND TRANSMIT THIS NOTICE TO THE DIRECTOR WITHIN THE PRESCRIBED PERIOD. IF A GOVERNMENTAL SUBDIVISION FAILS TO SUBMIT A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN THE DATE SET FORTH IN THE NOTICE, THE DIRECTOR SHALL SEND A NOTICE BY REGISTERED MAIL TO THE CLERK OF THAT GOVERNMENTAL SUBDIVISION. THIS NOTICE SHALL INDICATE THAT THE GOVERNMENTAL SUBDIVISION HAS 15 ADDITIONAL DAYS IN WHICH TO SUBMIT A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE. IF THE GOVERNMENTAL SUBDIVISION DOES NOT RESPOND BY THE END OF THE 15 ADDITIONAL DAYS, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE GOVERNMENTAL SUBDIVISION DOES NOT INTEND TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE AND THE DIRECTOR SHALL ASSUME THE RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE IN THAT GOVERNMENTAL SUBDIVISION, UNLESS THE COUNTY WITHIN WHICH THE GOVERNMENTAL SUBDIVISION IS LOCATED SUBMITS A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE.

(5) A COUNTY THAT IS ADMINISTERING AND ENFORCING THIS ACT AND THE CODE ON THE EFFECTIVE DATE OF THIS SECTION AND THAT SUBMITS A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE PURSUANT TO SUBSECTION (4) IS RESPONSIBLE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE FOR EACH GOVERNMENTAL SUBDIVISION WITHIN THE COUNTY THAT DOES NOT SUBMIT A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE. THE DIRECTOR SHALL NOTIFY THE COUNTY OF THOSE GOVERNMENTAL SUBDIVISIONS THAT DO NOT SUBMIT A NOTICE OF INTENT.

(6) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE DATE OF THIS SECTION, DID NOT ADMINISTER AND ENFORCE THIS ACT AND THE CODE MAY ELECT TO ASSUME THE RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE PURSUANT TO SUBSECTION (1) BY THE PASSAGE OF AN ORDINANCE TO THAT EFFECT. A GOVERNMENTAL SUBDIVISION THAT MAKES THIS ELECTION AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL SUBMIT, IN ADDITION TO THE ORDINANCE, AN APPLICATION TO THE COMMISSION FOR APPROVAL TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN ITS JURISDICTION. THIS APPLICATION SHALL BE MADE ON THE PROPER FORM TO BE PROVIDED BY THE COMMISSION. THE STANDARDS FOR APPROVAL SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CERTIFICATION BY THE GOVERNMENTAL SUBDIVISION THAT THE ENFORCING AGENCY IS QUALIFIED BY EXPERIENCE OR TRAINING TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE AND ALL RELATED ACTS AND RULES, THAT AGENCY PERSONNEL ARE PROVIDED AS NECESSARY, THAT ADMINISTRATIVE SERVICES ARE PROVIDED, THAT PLAN REVIEW SERVICES ARE PROVIDED, AND THAT TIMELY FIELD INSPECTION SERVICES WILL BE PROVIDED. THE DIRECTOR SHALL SEEK ADDITIONAL INFORMATION IF THE DIRECTOR CONSIDERS IT NECESSARY. THE COMMISSION SHALL RENDER A DECISION ON THE APPLICATION FOR APPROVAL TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE AND TRANSMIT ITS FINDINGS TO THE GOVERNMENTAL SUBDIVISION WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION. THE COMMISSION SHALL DOCUMENT ITS REASONS, IF THE COMMISSION DISAPPROVES AN APPLICATION. A GOVERNMENTAL SUBDIVISION THAT RECEIVES A DISAPPROVAL MAY RESUBMIT ITS APPLICATION FOR APPROVAL. UPON RECEIPT OF APPROVAL FROM THE COMMISSION FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE, THE GOVERNMENTAL SUBDIVISION SHALL ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN ITS JURISDICTION PURSUANT TO THE PROVISIONS OF THIS ACT AND THE APPLICATION.

(7) A GOVERNMENTAL SUBDIVISION THAT ELECTS TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN ITS JURISDICTION BY THE ADOPTION OF AN ORDINANCE MAY RESCIND THAT ORDINANCE AND TRANSFER THE RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE TO THE DIRECTOR. THE DIRECTOR SHALL ASSUME THE RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE IN THAT GOVERNMENTAL SUBDIVISION, UNLESS THE COUNTY WITHIN WHICH THAT GOVERNMENTAL SUBDIVISION IS LOCATED HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THE CODE. HOWEVER, THAT ACTION SHALL NOT TAKE EFFECT UNTIL 12 MONTHS AFTER THE PASSAGE OF AN ORDINANCE TO THAT EFFECT. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL BE COMPLETED UNDER THAT CODE.

(8) THE DIRECTOR IS RESPONSIBLE FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE FOR BUILDINGS AND STRUCTURES THAT ARE NOT UNDER THE RESPONSIBILITY OF AN ENFORCING AGENCY IN THOSE GOVERNMENTAL SUBDIVISIONS THAT ELECT TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE. A BUILDING OR STRUCTURE OWNED BY THE STATE SHALL NOT BE ERECTED, REMODELED, OR RECONSTRUCTED IN THE STATE, EXCEPT SCHOOL BUILDINGS OR FACILITIES OR INSTITUTIONS OF HIGHER EDUCATION AS DESCRIBED IN SECTION 4 OF ARTICLE VIII OF THE STATE CONSTITUTION OF 1963, UNTIL WRITTEN APPROVAL OF THE PLANS AND SPECIFICATIONS HAS BEEN OBTAINED FROM THE BUREAU OF CONSTRUCTION CODES LOCATED WITHIN THE DEPARTMENT INDICATING THAT THE STATE OWNED FACILITIES SHALL BE DESIGNED AND CONSTRUCTED IN CONFORMANCE WITH THE STATE CONSTRUCTION CODE. THE BUREAU OF CONSTRUCTION CODES SHALL BE THE LEAD AGENCY IN THE COORDINATION AND IMPLEMENTATION OF THIS SUBSECTION. THE BUREAU OF CONSTRUCTION CODES SHALL PERFORM REQUIRED PLAN REVIEWS AND INSPECTIONS AS REQUIRED BY THE STATE CONSTRUCTION CODE. EACH DEPARTMENT SHALL SECURE REQUIRED PLAN APPROVALS AND PERMITS FROM THE BUREAU. FEES CHARGED BY THE BUREAU FOR PERMITS SHALL BE IN ACCORDANCE WITH THE COMMISSION'S APPROVED SCHEDULE OF FEES. STATE DEPARTMENTS AND INSTITUTIONS MAY ALLOW LOCAL INSPECTORS TO INSPECT THE CONSTRUCTION OF STATE OWNED FACILITIES. HOWEVER, AN INSPECTION CONDUCTED BY A LOCAL INSPECTOR SHALL BE OF AN ADVISORY NATURE ONLY.

(9) THIS SECTION DOES NOT AFFECT THE RESPONSIBILITIES OF THE COMMISSION FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT UNDER OTHER SECTIONS OF THIS ACT, OR RESPONSIBILITIES UNDER THE FIRE PREVENTION CODE, 1941 PA 207, MCL 29.1 TO 29.34, EXCEPT SECTIONS 6 AND 7 OF THE FIRE PREVENTION CODE, 1941 PA 207, MCL 29.6 AND 29.7; 1937 PA 306, MCL 388.851 TO 388.855A; THE FIRE FIGHTERS TRAINING COUNCIL ACT OF 1966, 1966 PA 291, MCL 29.361 TO 29.377; 1942 (1ST EX SESS) PA 9, MCL 419.201 TO 419.205; PARTS 215 AND 217 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.21501 TO 333.21799E; AND SECTION 58 OF THE SOCIAL WELFARE ACT, 1939 PA 280, MCL 400.58.

(10) PURSUANT TO PARTS 215 AND 217 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.21501 TO 333.21799E, THE DIRECTOR SHALL DEVELOP CONSISTENT CONSTRUCTION STANDARDS FOR HOSPITALS AND NURSING HOMES. THESE STANDARDS SHALL ENSURE THAT CONSISTENT, UNIFORM, AND EQUITABLE CONSTRUCTION REQUIREMENTS AND STATE SUPERVISION OF THE REQUIREMENTS ARE ACHIEVED. THIS SUBSECTION DOES NOT PRECLUDE A STATE AGENCY OR A GOVERNMENTAL SUBDIVISION FROM CONDUCTING PLAN REVIEWS OR INSPECTIONS NECESSARY TO ENSURE COMPLIANCE WITH APPROVED CONSTRUCTION PLANS.

(11) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, THIS ACT DOES NOT LIMIT OR RESTRICT EXISTING POWERS OR AUTHORITY OF GOVERNMENTAL SUBDIVISIONS, AND THIS ACT SHALL BE ENFORCED BY GOVERNMENTAL SUBDIVISIONS IN THE MANNER PRESCRIBED BY LOCAL LAW OR ORDINANCE. TO THE EXTENT NOT INCONSISTENT WITH THIS ACT, LOCAL LAWS AND ORDINANCES RELATING TO ADMINISTRATION AND ENFORCEMENT OF CONSTRUCTION REGULATIONS ENACTED BEFORE THE EFFECTIVE DATE OF THE CODE BY OR FOR A GOVERNMENTAL SUBDIVISION ARE APPLICABLE TO ADMINISTRATION AND ENFORCEMENT OF THE CODE IN THAT GOVERNMENTAL SUBDIVISION.

SEC. 9B. (1) THE DIRECTOR, AS PRESCRIBED IN THIS SECTION, MAY CONDUCT A PERFORMANCE EVALUATION OF AN ENFORCING AGENCY TO ASSURE THAT THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE IS BEING DONE PURSUANT TO EITHER SECTION 8A OR 8B. A PERFORMANCE EVALUATION MAY ONLY BE CONDUCTED EITHER AT THE REQUEST OF THE LOCAL ENFORCING AGENCY OR UPON THE RECEIPT OF A WRITTEN COMPLAINT. IF A PERFORMANCE EVALUATION IS TO BE CONDUCTED UPON THE RECEIPT OF A WRITTEN COMPLAINT, THE DIRECTOR SHALL FIRST REFER THE WRITTEN COMPLAINT TO THE AFFECTED ENFORCING AGENCY REQUESTING A WRITTEN RESPONSE WITHIN 10 DAYS. IF THE LOCAL ENFORCING AGENCY FAILS TO PROVIDE A WRITTEN RESPONSE, OR IF THE RESPONSE IS CONSIDERED INADEQUATE, THE DIRECTOR SHALL CONSULT WITH THE COMMISSION AND REQUEST APPROVAL TO CONDUCT THE PERFORMANCE EVALUATION. THE DIRECTOR SHALL SUBMIT A WRITTEN RECOMMENDATION TO THE COMMISSION AND SHALL SEND A COPY TO THE AFFECTED ENFORCING AGENCY, ALONG WITH A REASONABLE NOTICE OF THE COMMISSION MEETING AT WHICH THE RECOMMENDATION WILL BE PRESENTED. THE DECISION OF THE COMMISSION TO PROCEED WITH A PERFORMANCE EVALUATION SHALL BE MADE AT A PUBLIC MEETING. THIS DECISION SHALL BE MAILED TO THE ENFORCING AGENCY 10 DAYS IN ADVANCE OF CONDUCTING THE PERFORMANCE EVALUATION.

(2) WHEN CONDUCTING A PERFORMANCE EVALUATION OF AN ENFORCING AGENCY, THE DIRECTOR MAY REQUEST THAT THE LOCAL ENFORCING AGENCY ACCOMPANY THE DIRECTOR OR OTHER STATE INSPECTORS ON INSPECTIONS. THE INSPECTIONS SHALL BE FOR THE ENFORCEMENT OF THIS ACT AND THE CODE. THE ENFORCING AGENCY SHALL MAINTAIN ALL OFFICIAL RECORDS AND DOCUMENTS RELATING TO APPLICATIONS FOR PERMITS, INSPECTION RECORDS INCLUDING CORRECTION NOTICES, ORDERS TO STOP CONSTRUCTION, AND CERTIFICATES OF USE AND OCCUPANCY. THE ENFORCING AGENCY SHALL MAKE AVAILABLE FOR REVIEW ALL OFFICIAL RECORDS BETWEEN 8 A.M. AND 5 P.M. ON BUSINESS DAYS.

(3) UPON COMPLETION OF A PERFORMANCE EVALUATION, THE DIRECTOR SHALL REPORT THE FINDINGS AND ANY RECOMMENDATIONS TO THE COMMISSION AND THE LOCAL ENFORCING AGENCY. THE COMMISSION MAY ISSUE A NOTICE OF INTENT TO WITHDRAW THE RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE FROM A GOVERNMENTAL SUBDIVISION AFTER RECEIVING THE RESULTS OF A PERFORMANCE EVALUATION. THE NOTICE SHALL INCLUDE THE RIGHT TO APPEAL WITHIN 30 BUSINESS DAYS AFTER RECEIPT OF THE NOTICE OF INTENT TO WITHDRAW THE RESPONSIBILITY. THE NOTICE SHALL ALSO INCLUDE THE FINDINGS OF THE DIRECTOR, AFTER COMPLETION OF A PERFORMANCE EVALUATION, THAT THE ENFORCING AGENCY OF THAT GOVERNMENTAL SUBDIVISION HAS FAILED TO FOLLOW THE DUTIES RECOGNIZED UNDER THIS ACT, THE CODE, OR ITS ORDINANCE. FAILURE BY THE ENFORCING AGENCY OR THE CHIEF ELECTED OFFICIAL OF THAT GOVERNMENTAL SUBDIVISION TO REQUEST A HEARING WITHIN 30 BUSINESS DAYS AFTER RECEIPT OF THE NOTICE OF INTENT TO WITHDRAW THE RESPONSIBILITY SHALL BE CONSIDERED TO EXHAUST THE ENFORCING AGENCY'S ADMINISTRATIVE REMEDIES AND THE NOTICE SHALL BE CONSIDERED A FINAL ORDER OF THE COMMISSION UNDER THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. THE DIRECTOR SHALL ASSUME RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE, UNLESS THE COUNTY WITHIN WHICH THAT GOVERNMENTAL SUBDIVISION IS LOCATED HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE, WHEN THE NOTICE IS CONSIDERED A FINAL ORDER OF THE COMMISSION. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL BE COMPLETED UNDER THAT CODE.

(4) IF AN ENFORCING AGENCY OR THE CHIEF ELECTED OFFICIAL OF THE GOVERNMENTAL SUBDIVISION TRANSMITS AN APPEAL OF THE NOTICE OF INTENT TO WITHDRAW THE RESPONSIBILITY ISSUED UNDER SUBSECTION (3), THE COMMISSION CHAIRPERSON SHALL REQUEST APPOINTMENT OF A HEARINGS OFFICER. THE HEARINGS OFFICER SHALL CONDUCT A HEARING OF THE APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, AND ISSUE A PROPOSED DECISION WHICH SHALL BE SENT TO THE AFFECTED PARTIES. THE PROPOSED DECISION SHALL BECOME THE FINAL ORDER ISSUED BY THE COMMISSION, UNLESS EXCEPTIONS ARE FILED BY A PARTY WITHIN 30 DAYS AFTER RECEIPT OF THE PROPOSED DECISION. THE COMMISSION SHALL REVIEW THE PROPOSED DECISION WHEN EXCEPTIONS ARE FILED.

(5) THE COMMISSION IN REVIEWING A PROPOSED DECISION MAY AFFIRM, MODIFY, REVERSE, OR REMAND THE PROPOSED DECISION. WHEN THE COMMISSION AFFIRMS, MODIFIES, REVERSES, OR REMANDS A PROPOSED DECISION, THE DECISION OF THE COMMISSION SHALL BE IN WRITING AND CONTAIN THE FINDINGS OF FACT AND CONCLUSIONS OF LAW UPON WHICH ITS DECISION IS BASED. OTHER THAN IN A CASE OF REMAND, THE PERIOD FOR SEEKING JUDICIAL REVIEW OF THE COMMISSION'S DECISION UNDER SECTION 104 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.304, SHALL BEGIN TO RUN UPON RECEIPT BY THE PARTIES OF THE COMMISSION'S WRITTEN DECISION.

Sec. 10. (1) Except as otherwise provided in the code, before construction of a building or structure, the owner, or the owner's builder, architect, engineer, or agent, shall submit an application in writing to the appropriate enforcing agency for a building permit. The application shall be on a form prescribed by the commission and shall be accompanied by payment of the fee established by the enforcing agency. The application shall contain a detailed statement in writing, verified by affidavit of the person making it, of the specifications for the building or structure, and full and complete copies of the plans drawn to scale of the proposed work. A site plan showing the dimensions, and the location of the proposed building or structure and other buildings or structures on the same premises, shall be submitted with the application. The application shall state in full the name and residence, by street and number, of the owner in fee of the premises on which the building or structure will be constructed, and the purposes for which it will be used.

(2) If construction is proposed to be undertaken by a person other than the owner of the land in fee, the statement shall contain the full name and residence, by street and number, of the owner and also of the person proposing the construction. The affidavit shall state that the specifications and plans are true and complete and contain a correct description of the building or structure, lot, and proposed work. The statements and affidavits may be made by an owner, or the owner's attorney, agent, engineer, architect, or builder, by the person who proposes to make the construction or alteration, or by that person's agent, engineer, architect, or builder. A person shall not be recognized as the agent, attorney, engineer, architect, or builder of another person unless the person files with the enforcing agency a written instrument, which shall be an architectural, engineering or construction contract, power of attorney, or letter of authorization signed by that other person designating the person as the agent, attorney, architect, engineer, or builder and, in case of a residential builder or maintenance and alteration contractor, architect, or engineer, setting forth the person's license number and the expiration date of the license.

(3) A person licensed or required to be licensed as a residential builder or residential maintenance and alteration contractor under the occupational code, ~~Act No. 299 of the Public Acts of 1980, being sections 339.101 to 339.2721 of the Michigan Compiled Laws~~ 1980 PA 299, MCL 339.101 TO 339.2721, a master or journeyman plumber pursuant to ~~Act No. 266 of the Public Acts of 1929, being sections 338.901 to 338.917 of the Michigan Compiled Laws~~ 1929 PA 266, MCL 338.901 TO 338.917, an electrical contractor or master or journeyman electrician pursuant to the electrical administrative act, ~~Act No. 217 of the Public Acts of 1956, being sections 338.881 to 338.892 of the Michigan Compiled Laws~~ 1956 PA 217, MCL 338.881 TO 338.892, or pursuant to a local ordinance, or as a mechanical contractor pursuant to the forbes mechanical contractors act, ~~Act No. 192 of the Public Acts of 1984, being sections 338.971 to 338.988 of the Michigan Compiled Laws~~ 1984 PA 192, MCL 338.971 TO 338.988, who applies for a building permit to perform work on a residential building or a residential structure shall, in addition to any other information required pursuant to this act, provide on the building permit application all of the following information:

(a) The occupational license number of the applicant and the expiration date of the occupational license.

(b) One of the following:

(i) The name of each carrier providing worker's disability compensation insurance to the applicant if the applicant is required to be insured pursuant to the worker's disability compensation act of 1969, ~~Act No. 317 of the Public Acts of 1969, being sections 418.101 to 418.941 of the Michigan Compiled Laws~~ 1969 PA 317, MCL 418.101 TO 418.941.

(ii) The reasons for exemption from the requirement to be insured ~~pursuant to Act No. 317 of the Public Acts of 1969,~~ if the applicant is not required to be insured ~~pursuant to Act No. 317 of the Public Acts of 1969~~ UNDER THE WORKER'S DISABILITY COMPENSATION ACT OF 1969, 1969 PA 317, MCL 418.101 TO 418.941.

(i) The employer identification number, if the applicant is required to have an employer identification number pursuant to section 6109 of the internal revenue code.

(ii) The reasons for exemption from the requirement to have an employer identification number pursuant to section 6109 of the internal revenue code if the applicant is not required to have an employer identification number pursuant to section 6109 of the internal revenue code.

(d) One of the following:

(i) The Michigan employment security commission employer number, if the applicant is required to make contributions pursuant to the Michigan employment security act, ~~Act No. 1 of the Public Acts of the extra session of 1936, being sections 421.1 to 421.73 of the Michigan Compiled Laws~~ 1936 (EX SESS) PA 1, MCL 421.1 TO 421.75.

(ii) If the applicant is not required to make contributions, the reasons for exemptions from the requirement to make contributions ~~pursuant to Act No. 1 of the Public Acts of the extra session of 1936~~ UNDER THE MICHIGAN EMPLOYMENT SECURITY ACT, 1936 (EX SESS) PA 1, MCL 421.1 TO 421.75.

(4) The building permit application form shall contain the following statement in 8-point boldfaced type immediately above the location for the applicant's signature:

"Section 23a of the state construction code act of 1972, ~~Act No. 230 of the Public Acts of 1972, being section 125.1523a of the Michigan Compiled Laws~~ 1972 PA 230, MCL 125.1523A, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of section 23a are subjected to civil fines."

(5) The application for a building permit shall be filed with the enforcing agency and the application and any other writing prepared, owned, used, in the possession of, or retained by the enforcing agency in the performance of an official function shall be made available to the public in compliance with the freedom of information act, ~~Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws~~ 1976 PA 442, MCL 15.231 TO 15.246. An application shall not be removed from the custody of the enforcing agency after a building permit has been issued.

(6) This section shall be construed to allow the imposition of requirements in the code, or in other laws or ordinances, for additional permits for particular kinds of work, including plumbing and electrical, or in other specified situations. The requirements of the code may provide for issuance of construction permits for certain of the systems of a structure and allow construction to commence on those systems approved under that permit even though the design and approval of all the systems of the structure have not been completed and subsequent construction permits have not been issued.

(7) Notwithstanding this section, a building permit is not required for ordinary repairs of a building and structure.

(8) NOTWITHSTANDING THIS SECTION, A BUILDING PERMIT IS NOT REQUIRED FOR A BUILDING INCIDENTAL TO THE USE FOR AGRICULTURAL PURPOSES OF THE LAND ON WHICH THE BUILDING IS LOCATED IF IT IS NOT USED IN THE BUSINESS OF RETAIL TRADE.

SEC. 13D. (1) NOTWITHSTANDING ANY PROVISION IN THIS ACT AND UNTIL THE PROMULGATION OF THE COMPLETE BUILDING CODE UPDATE AFTER OCTOBER 15, 1999, A GOVERNMENTAL SUBDIVISION SHALL NOT ENFORCE A REQUIREMENT FOR STAIRWELL GEOMETRY IN OCCUPANCIES IN USE GROUP R-3 STRUCTURES AND WITHIN DWELLING UNITS IN OCCUPANCIES IN USE GROUP R-2 STRUCTURES THAT DIFFERS FROM THE STAIRWELL GEOMETRY DESCRIBED IN THIS SECTION.

(2) AS USED IN THIS SECTION:

(A) "STAIRWELL GEOMETRY" REFERS TO THE CONFIGURATION OF A STAIRWELL OF A BUILDING IN WHICH THE MAXIMUM RISER HEIGHT IS 8-1/4 INCHES (210 MM), THE MINIMUM TREAD DEPTH IS 9 INCHES (229 MM), AND A 1-INCH (25 MM) NOSING ON STAIRWELLS WITH SOLID RISERS.

(B) "USE GROUP R-2 STRUCTURES" MEANS ALL MULTIPLE-FAMILY DWELLINGS HAVING MORE THAN 2 DWELLING UNITS INCLUDING, BUT NOT LIMITED TO, BOARDING HOUSES AND SIMILAR BUILDINGS ARRANGED FOR SHELTER AND SLEEPING ACCOMMODATIONS IN WHICH THE OCCUPANTS ARE PRIMARILY NOT TRANSIENT IN NATURE AND DORMITORY FACILITIES THAT ACCOMMODATE MORE THAN 5 PERSONS OVER 2-1/2 YEARS OF AGE.

(C) "USE GROUP R-3 STRUCTURES" MEANS ALL BUILDINGS ARRANGED FOR OCCUPANCY AS 1-FAMILY OR 2-FAMILY DWELLING UNITS INCLUDING, BUT NOT LIMITED TO, NOT MORE THAN 5 LODGERS OR BOARDERS PER FAMILY; MULTIPLE SINGLE-FAMILY DWELLINGS WHERE EACH UNIT HAS AN INDEPENDENT MEANS OF EGRESS AND IS SEPARATED BY A 2-HOUR FIRE SEPARATION ASSEMBLY; AND A CHILD CARE FACILITY THAT ACCOMMODATES 5 OR LESS CHILDREN OF ANY AGE.

Sec. 22. (1) The legislative body of a governmental subdivision shall establish reasonable fees to be charged by the governmental subdivision for acts and services performed by the enforcing agency or construction board of appeals ~~pursuant to~~ UNDER this act, which fees shall be intended to bear a reasonable relation to the cost, including overhead, to the governmental subdivision of the acts and services, including, without limitation, those services and acts as, in case of an enforcing agency, issuance of building permits, examination of plans and specifications, inspection of construction undertaken pursuant to a building permit, and the issuance of certificates of use and occupancy, and, in case of a board of appeals, hearing appeals in accordance with this act. The enforcing agency shall collect the fees established under this subsection. THE LEGISLATIVE BODY OF A GOVERNMENTAL SUBDIVISION SHALL ONLY USE FEES GENERATED UNDER THIS SECTION FOR THE OPERATION OF THE ENFORCING AGENCY OR THE CONSTRUCTION BOARD OF APPEALS, OR BOTH, AND SHALL NOT USE THE FEES FOR ANY OTHER PURPOSE.

(2) To accomplish the objectives of this section and this act, a state construction code fund is created. The director, ~~of labor,~~ after approval by the commission and following a public hearing held by the commission, shall establish reasonable fees to be charged by the commission for acts and services performed by the commission including, without limitation, inspection of plans and specifications, issuance of certificates of acceptability, testing and evaluation of new products, methods and processes of construction or alteration, issuance of building permits, inspection of construction undertaken pursuant to a building permit, the issuance of certificates of use and occupancy, and hearing of appeals. Fees established by the department shall be intended to bear a reasonable relation to the cost, including overhead, of the service or act. Until the director ~~of labor~~ establishes fees pursuant to this act, the fees established pursuant to this subsection shall remain in effect. The state treasurer shall be the custodian of the fund and may invest the surplus of the fund in investments as in the state treasurer's judgment are in the best interest of the fund. Earnings from those investments shall be credited to the fund. The state treasurer shall notify the director and the legislature of interest credited and the balance of the fund as of September 30 of each year. The director shall supervise and administer the fund. Fees received by the department and money collected under this act shall be deposited in the state construction code fund and shall be appropriated by the legislature for the operation of the bureau of construction codes, and indirect overhead expenses in the department. However, this restricted fund shall not be appropriated for the bureau of construction code's performance evaluation program and complaint investigation program. The performance evaluation program and complaint investigations mandated in this act shall be funded by appropriations from the general fund. Funds ~~which~~ THAT are unexpended at the end of each fiscal year shall be returned to the state construction code fund. A self-supporting fund shall be established within the commission to provide for the purchase and sale of codes and standards to the general public.

Enacting section 1. The title and sections 2a, 3a, 8a, 8b, and 9b of the state construction code act of 1972, 1972 PA 230, the title as amended and sections 2a, 3a, 8a, 8b, and 9b as added by this amendatory act, are effective upon enactment but apply only to 1 or more of the following codes only upon the effective date of the particular code update promulgated after October 15, 1999:

(a) The plumbing code, R 408.30701 to 408.30796 of the Michigan administrative code.

(b) The electrical code, R 408.30801 to 408.30873 of the Michigan administrative code.

(d) The building code, R 408.30401 to 408.30499 of the Michigan administrative code.

Enacting section 2. The title and sections 2, 3, 8, 9, and 9a of the state construction code act of 1972, 1972 PA 230, MCL 125.1502, 125.1503, 125.1508, 125.1509, and 125.1509a, the title and sections 2 and 8 as amended by this amendatory act, apply to 1 or more of the following codes until the rules for the code update promulgated after October 15, 1999 for the specific code become effective, at which time each section does not apply to the particular code. Sections 2, 3, 8, 9, and 9a of the state construction code act of 1972, 1972 PA 230, MCL 125.1502, 125.1503, 125.1508, 125.1509, and 125.1509a, are repealed on the effective date of the last of the rules updating the following codes promulgated after October 15, 1999:

(a) The plumbing code, R 408.30701 to 408.30796 of the Michigan administrative code.

(b) The electrical code, R 408.30801 to 408.30873 of the Michigan administrative code.

(d) The building code, R 408.30401 to 408.30499 of the Michigan administrative code.

Second: That the Senate and House agree to the title of the bill to read as follows:

A bill to amend 1972 PA 230, entitled "An act to create a construction code commission and prescribe its functions; to authorize the commission to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide that governmental subdivisions may with exceptions elect not to be subject to certain parts of the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish remedies and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation," by amending the title and sections 1, 2, 4, 7, 8, 10, and 22 (MCL 125.1501, 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.

Thaddeus G. McCotter

Leon Stille

Conferees for the Senate

Gene DeRossett

Sue Rocca

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Middaugh moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the conference report,

The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1086 Yeas--75

Allen Gilbert Kowall Rivet

Birkholz Gosselin Kuipers Rocca

Bisbee Green Kukuk Sanborn

Bovin Hager LaSata Schauer

Bradstreet Hale Lemmons Scranton

Brown, C. Hansen Mead Shackleton

Byl Hart Middaugh Sheltrown

Cassis Howell Mortimer Shulman

Caul Jacobs Neumann Spade

Clarke, H. Jamnick Pappageorge Stamas

DeRossett Jansen Patterson Tabor

DeVuyst Jelinek Perricone Tesanovich

DeWeese Jellema Pestka Toy

Ehardt Johnson, Rick Price Van Woerkom

Faunce Johnson, Ruth Prusi Vander Roest

Frank Julian Pumford Vaughn

Garcia Kelly Raczkowski Vear

Geiger Kilpatrick Richardville Voorhees

Gieleghem Koetje Richner

Nays--29

Baird Clark, I. Hardman Schermesser

Basham Daniels LaForge Stallworth

Bishop DeHart Lockwood Switalski

Bogardus Dennis Martinez Thomas

Brater Garza O'Neil Wojno

Brown, B. Godchaux Reeves Woodward

Callahan Hanley Rison Woronchak

Cherry

In The Chair: Scranton

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4475, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 301 and 303 (MCL 37.1301 and 37.1303), section 301 as amended by 1980 PA 478.

(The bill was considered earlier today, see today's journal, p. 2373.)

Rep. Bishop moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4475, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 301 and 303 (MCL 37.1301 and 37.1303), section 301 as amended by 1980 PA 478.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Frank moved that the bill be referred to the Committee on Appropriations.

The question being on the motion made by Rep. Frank,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Frank,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 1087 Yeas--45

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Sheltrown

Bovin Gieleghem Neumann Spade

Brater Hale O'Neil Stallworth

Brown, B. Hanley Pestka Switalski

Callahan Hansen Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Kelly Quarles Vaughn

Clarke, H. Kilpatrick Reeves Wojno

Daniels LaForge Rison Woodward

DeHart

Nays--56

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Rocca

Bishop Godchaux Kuipers Sanborn

Bradstreet Gosselin Kukuk Scranton

Brown, C. Green LaSata Shackleton

Byl Hager Mead Shulman

Cassis Hart Middaugh Stamas

Caul Howell Mortimer Tabor

DeRossett Jansen Pappageorge Toy

DeVuyst Jelinek Patterson Van Woerkom

DeWeese Jellema Perricone Vander Roest

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski Woronchak

In The Chair: Scranton

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1088 Yeas--57

Allen Godchaux Kuipers Rocca

Birkholz Gosselin Kukuk Sanborn

Bisbee Green LaSata Scranton

Bishop Hager Mead Shackleton

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Spade

Byl Jansen Neumann Stamas

Cassis Jelinek Pappageorge Tabor

Caul Jellema Patterson Toy

DeRossett Johnson, Rick Perricone Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

Ehardt Julian Raczkowski Vear

Garcia Koetje Richardville Voorhees

Geiger Kowall Richner Woronchak

Gilbert

Nays--47

Baird Dennis Kilpatrick Rivet

Basham Faunce LaForge Schauer

Bogardus Frank Lemmons Schermesser

Bovin Garza Lockwood Sheltrown

Brater Gieleghem Martinez Stallworth

Brown, B. Hale O'Neil Switalski

Callahan Hanley Pestka Tesanovich

Cherry Hansen Price Thomas

Clark, I. Hardman Prusi Vaughn

Clarke, H. Jacobs Quarles Wojno

Daniels Jamnick Reeves Woodward

DeHart Kelly Rison

In The Chair: Scranton

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 103 and 301 (MCL 37.1103 and 37.1301), section 103 as amended by 1998 PA 20 and section 301 as amended by 1980 PA 478.

The motion prevailed.

The House agreed to the title as amended.

Rep. Middaugh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Bovin moved that his named be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Brater, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

The disabilities civil rights act protects people from being denied access to public accommodations based on conditions arising from illness, injury or congenital birth defects. In a prison setting this means insuring the disabled have access to such facilities as toilets, showers, medical clinics, visiting rooms and chow halls, and to programming, such as religious, educational, treatment, work and recreational activities. It also means having adequate evacuation plans for people in wheelchairs, TDD telephones for the hearing impaired, written notices in type readable by the visually impaired, and misconduct policies that do not penalize the disabled for their inability to comply with rules.

This bill would eliminate prisoners in jails and state prisons (public and private) from the definition of 'person' in this act. This would leave prisoners without a remedy in state law for discrimination. It would also eliminate the deterrent effect the statutes have on those who operate jails and prisons. Few civil rights suits are actually initiated in state court. This bill is a reaction to a handful of cases that have brought the attention of the courts, and the public, to serious claims about the treatment of women prisoners and those with disabilities. I oppose this bill for the following reasons.

* There is no statutory ambiguity to cure. The plain language of the acts does not exclude prisoners and there is no basis for assuming an intent to exclude them. ON THE CONTRARY, why would we protect people from being discriminated against by private clubs, but permit the state to discriminate on the basis of race, gender, religion or disability just because the people involved are prisoners?

* Other remedies available at state law are wholly inadequate. State courts could not award money damages or order other redress for past wrongs. The law is not clear as to whether they could entertain class actions or order injunctive relief necessary to prevent future harm.

* State law should provide remedies for abuses of state power. Elected officials have long complained about the intrusion of federal judges into the management of state prisons and local jails, but these bills would reduce or eliminate the ability of prisoners to seek recourse in state courts and force them to sue in the federal courts.

* Eliminating access to state courts is not about being 'tough on crime'. It is about being tough on the increasing numbers of prisoners who are most vulnerable to the effects of discrimination, negligent treatment, or the outright abuse of power--women, juveniles, the mentally ill, and the physically disabled."

Rep. Cherry, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I am voting against these bills because they were voted out of committee yesterday and placed on our calendar without notification. These bills have a major impact on prisoners because it removes legal civil rights of prisoners and the debate and impact of this legislation has not been thoroughly considered. I am concerned about the impact of former mental health patients and women who are now prisoners. I am also concerned that these bills are not constitutional."

Rep. Callahan, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

These bills remove the legal human rights of female inmates to protect themselves and protest the cases of rape, sex abuse and extended video viewing of them showering, dressing, and using bathroom facilities.

I also believe that these bills are unconstitutional."

Rep. Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this mean spirited, unethical, anti-human rights piece of legislation. How sad that this body of legislators would find it necessary to violate the human rights of any individual in this state, even those in jails and prisons. This bill slaps the face of those incarcerated who suffer from physical handicaps and mental illness. How can you say these people have no rights under the Elliott-Larsen Civil Rights Act? I believe the intent of the legislature when Elliott-Larsen was passed was to include anyone in the state of Michigan whose rights were violated. If they did not want prisoners included they would have said so.

This bill violates the basic human rights of human beings. How sad that you would vote to deny these rights. Instead of dealing with the issue and face international criticism you are trying to cover this scandal up by passing a bill that would keep handicapped and mentally ill persons from remedies.

This bill is not about a rush of complaints by inmates. It is about an effort to cover up the lawsuit an effort to cover up the lawsuit filed by women inmates and former inmates at Scott Correctional Facility.

This diversionary tactic will not work because 'the Horse is out of the barn'. NBC, CBS, ABC, CNN, Human Rights Watch, Amnesty International and the United Nations have all cited Michigan as a place where basic human rights and civil rights are routinely violated. You can't cover that up. Neither can this bill cover up this scandal.

I voted no because I am a human being who believes in human rights. Thank you Mr. Speaker."

Second Reading of Bills

House Bill No. 4476, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 301 and 303 (MCL 37.2301 and 37.2303), as amended by 1992 PA 70.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Constitutional Law and Ethics,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Middaugh moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Brater moved to amend the bill as follows:

1. Amend page 4, line 20, by striking out all of enacting section 2.

The question being on the adoption of the amendment offered by Rep. Brater,

Rep. Brater demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Brater,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1089 Yeas--83

Allen DeWeese Julian Rivet

Baird Faunce Kelly Rocca

Basham Frank Kilpatrick Schauer

Birkholz Garza Kowall Schermesser

Bisbee Gieleghem LaForge Scranton

Bogardus Gilbert Lemmons Shackleton

Bovin Godchaux Lockwood Sheltrown

Brater Green Martinez Shulman

Brown, B. Hager Mead Spade

Brown, C. Hale Middaugh Stallworth

Callahan Hanley Neumann Switalski

Cassis Hansen O'Neil Tabor

Caul Hardman Pestka Tesanovich

Cherry Hart Price Thomas

Clark, I. Howell Pumford Toy

Clarke, H. Jacobs Quarles Van Woerkom

Daniels Jamnick Raczkowski Vaughn

DeHart Jelinek Reeves Wojno

Dennis Jellema Richardville Woodward

DeRossett Johnson, Rick Richner Woronchak

DeVuyst Johnson, Ruth Rison

Nays--19

Bishop Gosselin LaSata Stamas

Bradstreet Jansen Mortimer Vander Roest

Byl Koetje Pappageorge Vear

Ehardt Kuipers Patterson Voorhees

Garcia Kukuk Sanborn

In The Chair: Scranton

Rep. Patterson moved to amend the bill as follows:

1. Amend page 2, line 19, after "FACILITY" by inserting "UNLESS BOTH OF THE FOLLOWING CONDITIONS ARE ESTABLISHED:

(i) A CLAIM UNDER THIS ACT ACCRUED PRIOR TO THE SENTENCING.

(ii) A CLAIM UNDER THIS ACT IS UNRELATED TO A PERSON'S STATUS AS A PRISONER OR INMATE".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 2, line 19, after "FACILITY" by inserting a comma and "UNLESS THE SENTENCE OF SUCH AN INDIVIDUAL IS LATER OVERTURNED OR".

The question being on the adoption of the amendment offered by Rep. Bob Brown,

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bob Brown,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1090 Yeas--77

Baird Faunce Kilpatrick Rocca

Basham Frank Kowall Schauer

Birkholz Garza LaForge Schermesser

Bisbee Gieleghem Lemmons Shackleton

Bogardus Gilbert Lockwood Sheltrown

Bovin Godchaux Martinez Shulman

Brater Gosselin Middaugh Spade

Brown, B. Green Neumann Stallworth

Brown, C. Hager O'Neil Stamas

Byl Hale Pappageorge Switalski

Callahan Hansen Patterson Tabor

Cherry Hardman Pestka Tesanovich

Clark, I. Hart Price Thomas

Clarke, H. Howell Prusi Toy

Daniels Jacobs Quarles Van Woerkom

DeHart Jamnick Reeves Vaughn

Dennis Jellema Richardville Wojno

DeRossett Julian Rison Woodward

DeWeese Kelly Rivet Woronchak

Ehardt

Nays--25

Allen Geiger Kukuk Raczkowski

Bishop Jansen LaSata Richner

Bradstreet Jelinek Mead Sanborn

Cassis Johnson, Rick Mortimer Vander Roest

Caul Johnson, Ruth Perricone Vear

DeVuyst Kuipers Pumford Voorhees

Garcia

In The Chair: Scranton

Rep. Bishop moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4476, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 301 and 303 (MCL 37.2301 and 37.2303), as amended by 1992 PA 70.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1091 Yeas--58

Allen Geiger Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hart Mortimer Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

Garcia Koetje

Nays--47

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Sheltrown

Brater Hale Neumann Stallworth

Brown, B. Hanley O'Neil Switalski

Callahan Hansen Pestka Tesanovich

Cherry Hardman Price Thomas

Clark, I. Jacobs Prusi Vaughn

Clarke, H. Jamnick Quarles Wojno

Daniels Kelly Reeves Woodward

DeHart Kilpatrick Rison

In The Chair: Scranton

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 103 and 301 (MCL 37.2103 and 37.2301), section 103 as amended by 1992 PA 124 and section 301 as amended by 1992 PA 70.

The motion prevailed.

The House agreed to the title as amended.

Rep. Bovin moved that his named be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Brater, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

The Elliott-Larsen civil rights act protects people from being denied access to public accommodations based on their race, gender, religion, ethnic origin, age or marital status. In the prison setting this means that people cannot be harassed or mistreated because they are non-white or foreign-born, that individuals cannot be forced to violate sincerely held religious beliefs, that some prisoners cannot be denied access to services and programs because they are too old or too young, and that women cannot be sexually harassed and assaulted because they are women.

Rep. Cherry, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Rep. Callahan, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I also believe that these bills are unconstitutional."

Rep. Basham, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I cannot vote for a bill that takes away basic human rights. Female prisoners are being raped and sodomized and this bill is an attempt to cover up the state's apparent attempt to not allow redress from these and other types of abuses in the prison system."

Rep. Middaugh moved that the bill be given immediate effect.

The question being on the motion made by Rep. Middaugh,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Middaugh,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1092 Yeas--54

Allen Gilbert Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Green LaSata Scranton

Bishop Hager Mead Shackleton

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Perricone Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

Ehardt Johnson, Ruth Raczkowski Vear

Faunce Julian Richardville Voorhees

Garcia Koetje Richner Woronchak

Geiger Kowall

Nays--49

Baird DeWeese LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Sheltrown

Brater Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Callahan Hansen Pestka Switalski

Cherry Hardman Price Tesanovich

Clark, I. Jacobs Prusi Thomas

Clarke, H. Jamnick Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Dennis

In The Chair: Scranton

______

Rep. Jacobs moved that Reps. Baird, Basham, Bogardus, Bovin, Brater, Brewer, Bob Brown, Callahan, Cherry, Clark, Clarke, Daniels, DeHart, Dennis, Frank, Garza, Gieleghem, Hale, Hanley, Hansen, Hardman, Jamnick, Kelly, Kilpatrick, LaForge, Lemmons, Lockwood, Mans, Martinez, Neumann, O'Neil, Pestka, Price, Prusi, Quarles, Reeves, Rison, Rivet, Schauer, Schermesser, Sheltrown, Spade, Stallworth, Switalski, Tesanovich, Thomas,Vaughn, Wojno and Woodward be excused temporarily from today's session.

The motion prevailed.

Rep. Jacobs asked and obtained a temporary excuse from today's session.

Quorum Call

Rep. Middaugh questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 1093 Yeas--100

Allen Ehardt Koetje Richner

Baird Faunce Kowall Rison

Basham Frank Kuipers Rivet

Birkholz Garcia Kukuk Rocca

Bisbee Garza LaForge Sanborn

Bishop Geiger LaSata Schauer

Bogardus Gieleghem Lemmons Schermesser

Bovin Gilbert Lockwood Scranton

Bradstreet Godchaux Martinez Shackleton

Brater Gosselin Mead Sheltrown

Brown, B. Green Middaugh Shulman

Brown, C. Hager Mortimer Spade

Byl Hansen Neumann Stamas

Callahan Hardman O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Tesanovich

Cherry Jacobs Perricone Thomas

Clark, I. Jamnick Pestka Toy

Clarke, H. Jansen Price Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Johnson, Ruth Raczkowski Voorhees

DeVuyst Julian Reeves Wojno

DeWeese Kelly Richardville Woronchak

In The Chair: Scranton

Second Reading of Bills

House Bill No. 4305, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(The bill was read a second time, committee substitute (H-1) adopted, amended, amendments offered and bill postponed temporarily on November 30, see House Journal No. 81, p. 2348.)

The question being on the adoption of the amendments offered previously by Rep. Clarke,

Rep. Geiger moved to amend the Clarke amendments as follows:

1. Amend Rep. Clarke's Amendment No. 1, page 5, following line 26, section 103, after "Sec. 103." by striking out "DEPARTMENT OF EDUCATION" and inserting "DEPARTMENT OF MANAGEMENT AND BUDGET".

2. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "Sec. 501." and inserting "(1)".

3. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "for fiscal year 1999-2000 to the department of" by striking out "education" and inserting "management and budget".

4. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "demolition to the department of" by striking out "education" and inserting "management and budget".

5. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "Funds allocated" by striking out "under this section are for measures".

6. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "to improve school security" by striking out "and for measures" and inserting "shall be expended".

7. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, section 501, after "abandoned buildings within a" by striking out "5-mile radius of any high school building. Measures to improve security shall include, but not be limited to, additional patrols to a district's security department. A district receiving these funds may contract with faith-based organizations to provide security patrols and should do so whenever feasible. The district" and inserting "1-mile radius of any school building. The state".

8. Amend Rep. Clarke's Amendment No. 3, page 12, following line 2, following section 501, by inserting:

"(2) The department of management and budget shall, to the extent allowable by statute and rules, expedite the demolition of city-owned buildings authorized in subsection (1). It is the intent of the legislature that the city of Detroit provide an initial prioritized inventory of abandoned property to the department of management and budget within ten days of enactment of this bill, and that the demolition program created by this section shall be completed by March 1, 2000.".

The question being on the adoption of the amendments offered by Rep. Geiger,

Rep. Byl demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Geiger,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1094 Yeas--68

Baird Faunce Kowall Rocca

Basham Frank LaForge Schauer

Bogardus Garza Lemmons Schermesser

Bovin Geiger Lockwood Scranton

Brater Gieleghem Martinez Shackleton

Brewer Gilbert Middaugh Spade

Brown, B. Hager Neumann Stallworth

Callahan Hanley O'Neil Switalski

Caul Hansen Pappageorge Tabor

Cherry Hardman Price Tesanovich

Clark, I. Howell Prusi Thomas

Clarke, H. Jacobs Quarles Van Woerkom

Daniels Jamnick Reeves Vander Roest

DeHart Johnson, Ruth Richardville Vaughn

Dennis Julian Richner Wojno

DeVuyst Kelly Rison Woodward

DeWeese Kilpatrick Rivet Woronchak

Nays--36

Allen Ehardt Johnson, Rick Pumford

Birkholz Garcia Koetje Raczkowski

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Sheltrown

Bradstreet Green LaSata Shulman

Brown, C. Hart Mead Stamas

Byl Jansen Mortimer Toy

Cassis Jelinek Patterson Vear

DeRossett Jellema Perricone Voorhees

In The Chair: Scranton

______

Rep. LaForge asked and obtained an excuse from the balance of today's session.

The question being on the adoption of the amendments offered previously by Rep. Clarke,

After debate,

Rep. Byl demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the amendments offered previously by Rep. Clarke,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1095 Yeas--48

Baird Dennis Kelly Rivet

Basham DeWeese Kilpatrick Rocca

Bogardus Faunce Lemmons Schauer

Bovin Frank Lockwood Schermesser

Brater Garza Martinez Stallworth

Brewer Geiger O'Neil Switalski

Callahan Gieleghem Price Tesanovich

Cherry Hanley Prusi Thomas

Clark, I. Hansen Quarles Vaughn

Clarke, H. Hardman Reeves Wojno

Daniels Jacobs Richner Woodward

DeHart Jamnick Rison Woronchak

Nays--55

Allen Gilbert Kuipers Sanborn

Birkholz Gosselin Kukuk Scranton

Bisbee Green LaSata Shackleton

Bishop Hager Mead Sheltrown

Bradstreet Hart Middaugh Shulman

Brown, B. Howell Mortimer Spade

Brown, C. Jansen Neumann Stamas

Byl Jelinek Pappageorge Tabor

Cassis Jellema Patterson Toy

Caul Johnson, Rick Perricone Van Woerkom

DeRossett Johnson, Ruth Pestka Vander Roest

DeVuyst Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Garcia Kowall Richardville

In The Chair: Scranton.

______

Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

Rep. Schauer moved to amend the bill as follows:

1. Amend page 5, following line 26, by inserting:

"Sec. 103. DEPARTMENT OF EDUCATION

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfer 0

ADJUSTED GROSS APPROPRIATION $ 100

Special revenue funds:

Total other state restricted revenues $ 0

State general fund/general purpose $ 100

(2) GRANTS AND DISTRIBUTIONS STATE PROGRAMS:

School security and building demolition $ 100

GROSS APPROPRIATION $ 100

State general fund/general purpose $ 100".

2. Amend page 6, following line 25, by inserting:

"School security and building demolition 100"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 12, following line 2, by inserting:

"DEPARTMENT OF EDUCATION

GRANT AND DISTRIBUTIONS STATE PROGRAMS

Sec. 501. The appropriation in part 1 for school security and building demolition to the department of education provides funds in an amount not to exceed $100 for fiscal year 1999-2000 to the department of education for a district that is a school district of the first class under the revised school code. Funds allocated under this section are for measures to improve student security and for measures to demolish abandoned buildings within a 5-mile radius of any high school building. Measures to improve security shall include, but not be limited to, additional patrols to a district's security department. A district receiving these funds may contract with faith-based organizations to provide security patrols and should do so whenever feasible. The district shall work in cooperation with the city of Detroit to identify those abandoned buildings which will be demolished.".

The question being on the adoption of the amendments offered by Rep. Schauer,

Rep. Schauer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Schauer,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1096 Yeas--44

Baird DeHart Kilpatrick Rison

Basham Dennis Kowall Rivet

Bogardus Faunce Lemmons Rocca

Bovin Garza Lockwood Schauer

Brater Gieleghem Martinez Sheltrown

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Price Switalski

Cherry Hardman Prusi Tesanovich

Clark, I. Jacobs Quarles Thomas

Clarke, H. Jamnick Reeves Woodward

Daniels Kelly Richner Woronchak

Nays--59

Allen Garcia Koetje Sanborn

Birkholz Geiger Kuipers Scranton

Bisbee Gilbert Kukuk Shackleton

Bishop Godchaux LaSata Shulman

Bradstreet Gosselin Mead Spade

Brown, C. Green Middaugh Stamas

Byl Hager Mortimer Tabor

Callahan Hart Neumann Toy

Cassis Howell Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

DeRossett Jelinek Perricone Vaughn

DeVuyst Jellema Pestka Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Wojno

Frank Julian Richardville

In The Chair: Scranton

Rep. Byl moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4305, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1097 Yeas--93

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Geiger Kukuk Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brown, B. Hanley Mortimer Spade

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Quarles Wojno

DeVuyst Kelly Raczkowski Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt

Nays--9

Brewer Garza Reeves Vander Roest

Clark, I. Hardman Stallworth Vaughn

Daniels

In The Chair: Scranton

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for the department of environmental quality for the fiscal year ending September 30, 2000 and other fiscal periods; to prescribe the powers and duties of certain state agencies and officials; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Vander Roest, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I have been a Michigan State Senate employee for 14 and a half years and now a State Representatives for almost a year and a half and have yet to see any major effort to address the lead abatement problem in many houses in this state. I believe it's important that we put ahead the safety and welfare of children who live in these homes that contain lead-base paint instead of waterfront development. I voted no in order to send a message to my colleagues to make our children's health needs our highest priority before any other development or clean-up."

Rep. Reeves, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

My no vote is in direct protest to the rejection of this legislative body's decision not to provide assistance to the school children in the city of Detroit by assisting in the demolition of abandoned buildings in close proximity to schools."

Rep. Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this appropriation for the department of Environmental Quality because it does not respect the needs of the people of the city of Detroit. We asked for a mere $10,000,000 to tear down abandoned buildings--many owned by the state of Michigan--in the city of Detroit. We want to tear down these buildings because of the school girl rape crisis in our city. These buildings are sometimes used by the rapists to lurk in or drag their victims into. This appropriation could have helped to solve this crisis but once again this legislature turned its back on the people who suffer the most and need the most.

By not passing this $10,000,000 appropriation this body failed to live up to its Human Mission.

An emphatic no to this shallow appropriation bill!"

______

Rep. Middaugh moved that when the House adjourns today it stand adjourned until Tuesday, December 7, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Price, Baird, Quarles, Switalski, Lemmons, Woodward, Jacobs, Cherry, Schermesser, Tesanovich, Brater, Vaughn, Reeves, Schauer, Prusi, Scott, DeHart, Pappageorge, Hale, Stallworth, Daniels, Rick Johnson, Allen, Kelly, LaForge, Brewer, Pestka, Rison, Basham, Frank, Clark, Hardman, Sheltrown, Neumann, Ruth Johnson, Howell, Caul, Hansen, Kowall, Hanley, Spade, LaSata, Jamnick, Birkholz, Bovin, DeRossett, Rivet, Ehardt, Martinez, Bogardus, Jansen, Koetje and Minore offered the following resolution:

House Resolution No. 232.

A resolution honoring Dr. Robert E. Bailey.

Whereas, This year marks the twenty-fifth anniversary of the outstanding pastorate of the Reverend Dr. Robert E. Bailey with the Trinity Missionary Baptist Church in Pontiac. We proudly join with this loyal and energetic congregation in marking this milestone. As we salute the Reverend Bailey, we also wish to acknowledge his leadership in religious and community endeavors far beyond Pontiac's boundaries; and

Whereas, Ordained in 1968, the Reverend Dr. Robert E. Bailey came to Trinity Missionary Baptist Church after having served the people of historic Tabernacle Missionary Baptist Church in Detroit. A man with administrative skills equal to his considerable spiritual gifts, he has been a dynamic leader at Trinity. Dramatic growth in facilities, church membership, programs, and outreach are a direct reflection of his vision and the unity of this exemplary family of worshipers; and

Whereas, Known throughout our state and country, Dr. Bailey is now in his 39th year of ministry. He has served as Vice President of the Wolverine State Missionary Baptist Convention of Michigan; a member of the Child Abuse Commission for the State of Michigan (appointed by Governor James Blanchard); Chairman of the Board for Opportunity Industrialization Center of Pontiac (OIC); Division Lecturer for the National Baptist Congress of Christian Education for twenty (20) years; and Division Lecturer for the Moderators Department of the National Baptist Convention USA, Inc.; and

Whereas, Other examples of Dr. Bailey's leadership include lecturing for the general assembly of the National Baptist Congress of Christian Education held in Memphis, Tennessee, and preached in the general assembly of the National Baptist Convention held in Washington, D.C. He has served as moderator of the Crystal Lake Missionary Baptist District Association (Pontiac, Michigan) and as an Assistant Dean of the Metropolitan District Congress of Christian Education. He currently serves as Vice President of the Michigan Baptist Association. Also, he is a guest preacher/lecturer for churches, associations, and conventions across the nation; now, therefore, be it

Resolved by the House of Representatives, That tribute be accorded to honor the Reverend Dr. Robert E. Bailey as he marks twenty-five years of leadership with the Trinity Missionary Baptist Church in Pontiac; and be it further

Resolved, That a copy of this resolution be transmitted to him as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Howell, Hansen, DeHart, Tesanovich, Kowall, DeVuyst, Julian, Hanley, Mead, Spade, Stamas, LaSata, Kukuk, Jamnick, Middaugh, Vander Roest, Birkholz, Sheltrown, DeRossett, Kelly, Rivet, Frank, Lemmons, Ehardt, Scranton, LaForge, Faunce, Van Woerkom, Baird, Scott, Jansen, Cassis, Koetje, Toy and Neumann offered the following resolution:

House Resolution No. 233.

A resolution honoring the players, coaches, families, and the community of the State Division 6 High School Football Championship Team, the St. Charles Bulldogs.

Whereas, In a dominating display of skill, teamwork, determination, and spirit, the St. Charles High School Football Team has laid claim to the State Division 6 Football Championship and brought home to St. Charles the coveted trophy that the Bulldogs have fought for years to obtain; and

Whereas, At the beginning of the 1999 season, few outside of the St. Charles area thought that the Bulldogs would be able to regain primacy over Division 6, but Coach Bob Welzein and his team set their sights on their goal and began the long, arduous struggle to the top; and

Whereas, Unlike previous years, this year's Bulldogs had a perfect season and capped it off with an undefeated ending. In a thrilling match-up with Hopkins, the St. Charles Bulldogs rewarded their steadfast fans for their years of loyal support with a hard fought 21-14 championship victory at the Silverdome; now, therefore, be it

Resolved by the House of Representatives, That the highest praise and admiration be accorded to the players and coaches of the 1999 Division 6 State High School Football Champions, the St. Charles High School Bulldogs; and be it further

Resolved, That a copy of this resolution be transmitted to St. Charles High School on behalf of the following players and coaches:

Players: Rob Anthony, Andy Bolf, Jason Dinninger, Keith Dombrowski, Jared Duquette, Andy Fisk, J.J. Goidosik, Ryan Griffus, Sean Gustavison, Josh Hafner, Andy Heister, Tom Kremer, Gavin Lynch, Aaron Louchart, Kyle Marietta, Brian Mead, Pat Mishler, Seth McKillop, Eric Rehmann, Mike Reinke, Brandon Revell, Ed Tithof, Nate Trier, Adam Turner, Neil Turner, Jon Unger, Scott Wicke, Pat Wilding, Ryan Williams, and Jake Wood; Head Coach: Robert Welzein; Assistant Coaches: Roger Delemeester, Roger Henninger, Larry Mishler, Jim Mroz, Pat Rusz, Jim Swartzendruber and Bill Wood; Manager: Emily Swartzendruber; and Trainer: Tricia Douglas.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Gosselin, DeHart, Tesanovich, Kowall, DeVuyst, Julian, Hanley, Mead, Spade, LaSata, Kukuk, Jamnick, Vander Roest, Birkholz, Bovin, DeRossett, Kelly, Lemmons, Ehardt, Scranton, LaForge, Faunce, Van Woerkom, Baird, Scott, Jansen, Cassis, Koetje, Toy, Minore and Neumann offered the following resolution:

House Resolution No. 234.

A resolution celebrating the 75th Anniversary of St. Lucy Croatian Catholic Church.

Whereas, We join with His Eminence Adam Cardinal Maida, Father Slaven H. Mijatovic, the parishioners of the St. Lucy Croatian Catholic Church, and the greater Croatian-American community in Troy in celebrating the church's 75th Anniversary; and

Whereas, Croatians were the first Slavic people to accept Christianity over 1,300 years ago earning the title, "Croatia-Bulwark of Christianity"; and

Whereas, St. Lucy Croatian Catholic Church was founded in December 1924 by committed individuals wishing to worship with others who share their Catholic faith and Croatian heritage; and

Whereas, With a current worshiping membership of over 300 individuals, the spirit of unity which characterized early members of St. Lucy Croatian Catholic Church has grown stronger with each passing year. The church remains a strong and vibrant congregation, ready to serve the Croatian-American community in southeast Michigan; and

Whereas, While the members of the Croatian community celebrate their history, ethnicity, faith, and the triumphs they have shared, as well as the challenges they have overcome, we are reminded of and made thankful for the many ways in which they have touched and enriched the lives of the Troy community; now, therefore, be it

Resolved by the House of Representatives, That we join with His Eminence Adam Cardinal Maida, Father Slaven H. Mijatovic, the members of St. Lucy Croatian Catholic Church, and the greater Croatian-American community in celebrating the church's 75th Anniversary. May God continue to bless your congregation.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

Senate Bill No. 46, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 1993 PA 22.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 46 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Jamnick, Reeves, Schermesser,

Nays: None.

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

Senate Bill No. 581, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 717 (MCL 257.717), as amended by 1999 PA 63.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 581 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Bovin, Jamnick, Lemmons, Reeves, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rick Johnson, Chair of the Committee on Transportation, was received and read:

Meeting held on: Wednesday, December 1, 1999, at 9:00 a.m.,

Present: Reps. Rick Johnson, Gilbert, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Jamnick, Lemmons, Reeves, Schermesser,

Absent: Reps. DeVuyst, Garcia, Brewer,

Excused: Reps. DeVuyst, Garcia, Brewer.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1996 PA 115.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 550 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Gieleghem, Mans, Sheltrown,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, December 2, 1999, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Gieleghem, Mans, Sheltrown,

Absent: Reps. Kowall, Patterson, Callahan, Brater,

Excused: Reps. Kowall, Patterson, Callahan, Brater.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 831, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 23 (MCL 78.23), as amended by 1982 PA 373.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, line 10, after "clerk." by inserting "A VILLAGE SHALL NOT ENFORCE ANY PROVISION ADOPTED BY REFERENCE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS GREATER THAN 93 DAYS.".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 831 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 832, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 3, line 12, after "ORDINANCE." by inserting "A TOWNSHIP SHALL NOT ENFORCE ANY PROVISION ADOPTED BY REFERENCE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS GREATER THAN 93 DAYS.".

2. Amend page 5, line 14, after "OBTAINED." by inserting "A TOWNSHIP SHALL NOT ENFORCE ANY PROVISION ADOPTED BY REFERENCE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS GREATER THAN 93 DAYS.".

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 832 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 833, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 4 of chapter VI (MCL 66.4), as amended by 1998 PA 255.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 23, after "clerk." by inserting "A VILLAGE SHALL NOT ENFORCE ANY PROVISION ADOPTED BY REFERENCE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS GREATER THAN 93 DAYS.".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 833 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 834, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 3 (MCL 117.3), as amended by 1993 PA 207.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 6, line 2, after "public." by inserting "A CITY SHALL NOT ENFORCE ANY PROVISION ADOPTED BY REFERENCE FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS GREATER THAN 93 DAYS.".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 834 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 867, entitled

A bill to create certain authorities; to authorize creation of certain funds; to authorize expenditures from the funds; to finance the purchase of land and the development of certain convention facilities and of public improvements or related facilities; and to prescribe the powers and duties of certain state and local officials.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 3, line 2, after "500,000" by inserting "that contains a qualified city, and".

2. Amend page 3, line 3, after "government" by striking out the balance of the subdivision and inserting a period.

3. Amend page 4, following line 27, by inserting:

"(5) Notwithstanding a charter provision of a qualified city to the contrary, a member of the legislative body or other city official of the qualified city is eligible to serve as a member of a board established under this act.".

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 867 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, December 2, 1999, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

The Committee on Health Policy, by Rep. Law, Chair, reported

House Bill No. 4727, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20165 and 20175 (MCL 333.20165 and 333.20175), section 20165 as amended by 1998 PA 108 and section 20175 as amended by 1993 PA 79, and by adding section 20173.

The committee recommended that the bill be referred to the Committee on Senior Health, Security and Retirement.

Favorable Roll Call

HB 4727 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Senior Health, Security and Retirement.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, December 2, 1999, at 10:30 a.m.,

Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

Senate Bill No. 877, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending the title and sections 5, 7, 7a, 8, 24, 25, 33, 36, 40, 41a, 42, 44, 45, 46, 47, 48, 52, 53, 55, 56, 57, 58, and 59 (MCL 24.205, 24.207, 24.207a, 24.208, 24.224, 24.225, 24.233, 24.236, 24.240, 24.241a, 24.242, 24.244, 24.245, 24.246, 24.247, 24.248, 24.252, 24.253, 24.255, 24.256, 24.257, 24.258, and 24.259), the title as amended by 1993 PA 7, sections 5, 24, 52, and 56 as amended by 1982 PA 413, section 7 as amended by 1996 PA 489, sections 7a, 40, and 53 as added by 1984 PA 273, sections 8 and 57 as amended by 1988 PA 333, sections 42, 44, 45, and 46 as amended by 1993 PA 141, sections 48, 55, and 58 as amended by 1986 PA 292, and section 59 as amended by 1995 PA 178, and by adding sections 28, 34, 39, 39a, 45a, and 54.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 29, line 2, after "CHAIR" by striking out the balance of the line through "CHAIR" on line 3 and inserting a comma and "THE ALTERNATE CHAIR, OR ANY MEMBER OF THE COMMITTEE".

2. Amend page 29, line 4, after the second "THE" by inserting "BILL OR".

3. Amend page 29, line 22, after "OF" by striking out "EITHER HOUSE" and inserting "BOTH HOUSES".

4. Amend page 29, line 22, after "HOUSE." by inserting "IF 1 CHAMBER HAS PASSED THE BILL PRIOR TO THE RECESS OF BOTH CHAMBERS UNDER THIS SUBDIVISION, THE TIME PERIOD SHALL BEGIN ON THE RETURN OF THE CHAMBER THAT HAS NOT PASSE THE BILL.".

5. Amend page 30, line 3, after "OF" by striking out "EITHER HOUSE" and inserting "BOTH HOUSES".

6. Amend page 30, line 4, after "HOUSE." by inserting "IF 1 CHAMBER HAS PASSED THE BILL PRIOR TO THE RECESS OF BOTH CHAMBERS UNDER THIS SUBDIVISION, THE TIME PERIOD SHALL BEGIN ON THE RETURN OF THE CHAMBER THAT HAS NOT PASSED THE BILL.".

7. Amend page 33, line 19, after "BY" by striking out "JANUARY" and inserting "APRIL".

8. Amend page 40, line 19, by striking out "January" and inserting "April".

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 877 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees,

Nays: Reps. Baird, Switalski, Schermesser.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

Senate Bill No. 878, entitled

A bill to amend 1970 PA 193, entitled "An act to provide for the compilation of the general laws of this state and the compilation and revision of state administrative rules; and to prescribe the functions of the legislative council relative thereto," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 8.41, 8.42, 8.43, 8.44, 8.45, 8.46, 8.47, and 8.48).

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 6, line 9, by striking out "January" and inserting "April".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 878 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees,

Nays: Reps. Baird, Switalski, Schermesser.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

Senate Bill No. 879, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," by amending sections 201, 202, and 203 (MCL 4.1201, 4.1202, and 4.1203), section 203 as amended by 1999 PA 101.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 4, line 14, by striking out "January" and inserting "April".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 879 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees,

Nays: Reps. Baird, Switalski, Schermesser.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, December 2, 1999, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, December 2:

House Bill Nos. 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154

The Clerk announced that the following Senate bills had been received on Thursday, December 2:

Senate Bill Nos. 120 135 136 137 523 588 605 705 732 782 802 866 885

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 120, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.