House Bill 5819
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MEMORANDUM |
Date: 1 April 2002 |
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Fr: |
Benedetto Tiseo, AIA, NCARB ben@tiseo.com |
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Re: |
HB 5819 |
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House Committee: Employment Relations, Training and SafetyChair: Rep. Clark Bisbee (R-64th
District, Jackson, 517.373.1795) House Bill 5819 Sponsors: Wayne Kuipers (primary)Andrew Raczkowski, Stephen Ehart, Mike Kowall, Michael Bishop, Clark Bisbee, Leon Drolet, Steve Vear, Brian Palmer, Gene DeRossett, Loanne Voorhees, Barb Vander Veen, Bruce Patterson The following is a recap of the passage of HB 5819 out of committee.On March 7, 2001, Rep. Wayne Kuipers (R-90th District, Ottawa Co. (part), introduced HB 4423 and it was referred to the House Committee on Commerce. The bill as drafted amends the exemption section (2012) of Article 20 as follows; change residence to residential building, change exemption from 3500 square feet to 5000 square feet, changes the definition of calculated floor area by omitting an unfinished and nonhabitable portion of and keeps “a basement”. Shortly after, a substitute (H-1) for HB 4423 was drafted which further changed the calculated floor area definition from gross area to Habitable Space (living, sleeping, eating, cooking), this would be the same as the Michigan Residential Code, not including bathroom, toilet room, closet, hallway, storage, etc. Under this substitute bill a 5000 sq ft home would actually be a 7000 to 8000 gross square foot home. As a result of AIAM’s lobbyist and our grassroots efforts neither of these bills were ever brought up for a public hearing. On March 20,2002 at 4:30 pm while in AIAMI’s Government Affairs Committee, Jim Cavanagh (AIAMI lobbyist) called and informed us that today at 1:00 pm Chair, Clark Bisbee called for a Committee hearing set for tomorrow March 21, at 10:00am in Lansing to hear HB 5819. (Note; The law requires that from the notice of a public hearing to the actual hearing there must be a minimum of 18 hours, you can do the math) This bill was introduced by Rep. Wayne Kuipers and referred to the House Committee; Employment Relations, Training and Safety, and would amend the residential section of Article 20. The bill was so new that no copy was available until the following morning. HB 5819 is the same as substitute H-1 to HB 4423; it was just reissued as a new bill (HB 5819), almost exactly one year later. It amends Article 20 as follows; change residence to residential building, change exemption from 3500 square feet to 5000 square feet, change calculated floor area definition from gross area to Habitable Space (living, sleeping, eating, cooking), same as the Michigan Residential Code, not including bathroom, toilet room, closet, hallway, storage, etc. AIAMI mobilized and attended the public hearing the next morning in Lansing.March 21, 2002, House Office Building, Room 327, 10:00 am. In attendance representing AIAM; Dennis Cawthorne, Esq., Jim Cavanagh, Esq., Barry Wood, AIA, Jim Aubuchon, AIA and Ben Tiseo, AIA. Dennis Cawthorne spoke to several of the Republican legislators just before the hearing, and I spoke to Brian Palmer, it did not sound promising. When the hearing started the chair called two homebuilders to testify first. They stated that architects are not needed because the trusses are designed by a truss manufacturing company, homes are thoroughly inspected by the Building Inspectors, that architects cost to much and have little value, that 41 states have an architects exemption for homes and the new definition would be the same as in Michigan’s Residential Code. Lee Schwartz (homebuilders lobbyist) then testified next. Rep. Virg Bernero stated that he didn’t know why this change was needed. He said, “If it ain’t broke don’t fix it.” Rep. Julie Dennis made a motion to table the bill because she saw no burning need to rush a vote, just because the legislators was leaving for a 2-week spring break at the end of the day. She also stated that it looked like supporters of this bill were committee shopping since a similar bill was not moving in the Commerce Committee. The vote was 3 (Democrats) to support tabling and 4(Republicans) to move on. Then Dennis Cawthorne, Esq. (AIAM lobbyist) testified and also asked the committee in fairness, to table the bill since it was not available until this morning. In addition he stated in the democratic process there is a need to hear both sides of an issue, so that an informed decision can be made and that was not happening here. He also stated that the very short time frame for calling and having this hearing was unheard of. Rep. Wayne Kuipers had a short dialog with Dennis and then made a motion to report the bill out of the committee. The vote was 4 (Republicans) yes to move the bill out from the committee and the 3 Democrats either voted no or passed on voting. The bill therefore, was sent to the House floor. Barry Wood and I submitted cards to testify before the committee, but did not do so because the motion was called before we were given the opportunity to speak. It was and is clear that the homebuilders along with the Republican committee members orchestrated this slick move to take us by surprise by not giving a fair time from the notice until the actual hearing. If we would have had even one more day we could of had several Building Officials testify in opposition. The message from the four Republican Representatives by their actions was that Homebuilders are important and Architects, Engineers and Building Officials are not. What happens from here?
At this point we have two pursuits. One we could attempt to stop the bill from moving, or two we could attempt to amend the bill, either by reducing the proposed 5000 sq ft or modify the proposed new definition, or both. In either case the future of this bill will be greatly affected by how much opposition WE convey to our legislators. Remember our lobbyist can only do so much, the biggest influence with legislators still remains the voices of our membership through our grassroots program. It is time for us to be heard. On a similar subject the interior designers had Senator Schuette (R) of Midland introduce bills (SB 1215 & 1216), on March 21, 2002. These bills would extend the interior designers existing title statute into practice as well as expand their services into the practice of architecture. These bills are currently in the Senate Committee on Economic Development, International Trade and Regulatory Affairs, which Senator Schuette chairs. Stay tuned, as they say, and be prepared for action soon after our legislators return from their spring break on April 9, 2002. For additional information click below: |
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