SB-1137, As Passed Senate, May 9, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1137

     A bill to amend 1984 PA 192, entitled

"Forbes mechanical contractors act,"

by amending section 3 (MCL 338.973).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) There is created within the department a board of

mechanical rules  which  that consists of the state fire marshal or

the state fire marshal's designee, who shall be a permanent member,

and 14 residents of the state to be appointed by the governor with

the advice and consent of the senate. Appointed members shall be

not less than 18 years of age and qualified in their respective

fields.  Of the members first appointed, 4 members shall have a

term of 1 year, 3 members shall have a term of 2 years, 3 members

shall have a term of 3 years, and 4 members shall have a term of 4

years.  Appointed members of the board shall include 1 person from

the general public; a member of organized labor representing the

mechanical trades; a professional mechanical engineer registered in

this state; a representative of an energy-producing public utility

of the state; a representative from each of the work

classifications set forth in section 6(3); and 2 chief mechanical

inspectors of governmental subdivisions, 1 of whom enforces the

building officials and code administrators building code, and 1 of

whom enforces the international conference of building officials

building code.  Except for the initial members, a  A member of the

board appointed by the governor before January 1, 2007 shall be

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

filled for the unexpired portion of the term. A member of the board

appointed by the governor after December 31, 2006 shall be

appointed for a term of 4 years, except that a vacancy shall be

filled for the unexpired portion of the term. A member of the board

may be removed from office by the governor in accordance with

section 10 of article V of the state constitution of 1963. A member

of the board who has a pecuniary interest in a matter shall

disclose that interest before the board takes action in the matter,

which disclosure shall be made a matter of record in the board's

official proceedings. Each member of the board, except the state

fire marshal or the state fire marshal's designee, shall receive

per diem compensation and  reimbursement for actual expenses

incurred by the member in the performance of his or her duties as a

member of the board, subject to available appropriations.

Annually, the legislature shall fix the per diem compensation of a

member of the board.  Travel or other expenses incurred by a member

of a board in the performance of an official function shall be

payable by the department pursuant to the standardized travel

regulations of the department of management and budget, subject to

available appropriations. A member of the board shall not serve

more than 2 consecutive terms.

     (2)  The board shall hold an organizational meeting within 60

days after the effective date of this act. At the first meeting of

each year, the board shall elect from its membership a

chairperson, vice-chairperson  ,  and secretary. The  chairperson,

vice-chairperson  ,  and secretary shall be elected from those

members appointed to the board by the governor, except that the

board members who are chief mechanical inspectors  shall not be

are not eligible for election as  chairperson or vice-chairperson

of the board. After December 31, 2006, the governor shall designate

1 member of the board to serve as chairperson at the pleasure of

the governor.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 1133.

     (b) House Bill No. 5860.