Bill Text: MI HB4775 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Environmental protection; other; Michigan geological survey; transfer from department of environmental quality to western Michigan university. Amends secs. 60101, 60102, 60104, 60105, 60106, 60107 & 60108 of 1994 PA 451 (MCL 324.60101 et seq.) & repeals sec. 50 of 1846 RS 60 (MCL 322.350) & sec. 60103 of 1994 PA 451 (MCL 324.60103).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-28 - Referred To Committee On Appropriations [HB4775 Detail]

Download: Michigan-2011-HB4775-Engrossed.html

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HB-4775, As Passed House, June 23, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4775

 

June 16, 2011, Introduced by Rep. O'Brien and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 60101, 60102, 60104, 60105, 60106, 60107, and

 

60108 (MCL 324.60101, 324.60102, 324.60104, 324.60105, 324.60106,

 

324.60107, and 324.60108), as added by 1995 PA 57; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 60101. As used in this part: , "state

 

     (a) "Governing institution" means the state university within

 

which the Michigan geological survey is established or continued

 

under section 60102.

 

     (b) "State geologist" means the chief of the geological survey

 

division office of oil, gas, and minerals, or a successor office,

 

of the department of environmental quality.

 

     (c) "State university" means a state university described in

 

section 4, 5, or 6 of article VIII of the state constitution of

 

1963.

 

     Sec. 60102. (1) The department shall control and supervise the

 

continuance and completion of the geological survey of the state

 

and for that purpose may from time to time appoint or employ a

 

state geologist and a person or persons to assist in making the

 

geological survey as the department considers necessary. The

 

department shall determine the length of time and the location

 

where these persons shall be employed. Subject to subsection (2),

 

the Michigan geological survey is established within western

 

Michigan university and shall continue as an entity within a

 

governing institution. The governing institution shall do both of

 

the following:

 

     (a) Oversee the operations of the Michigan geological survey.

 

     (b) Appoint a director to supervise and carry out the duties

 

of the Michigan geological survey.

 

     (2) If western Michigan university, or a successor governing

 

institution under this subsection, ceases to have an academic

 

program that is primarily engaged in the study of geology or

 

geosciences or substantially fails to fulfill the duties of the

 

Michigan geological survey under this part in an adequate manner,

 

or if the governing institution notifies the state geologist that

 

it does not desire the Michigan geological survey to remain as an

 

entity within that governing institution, the director of the

 

department of environmental quality shall issue an order to

 

transfer the Michigan geological survey to and establish it within

 

another state university that has an academic program that is

 

primarily engaged in the study of geology or geosciences. Before

 

issuing an order under this subsection, the director of the

 

department of environmental quality shall do all of the following:

 

     (a) Provide public notice, including notice to the

 

legislature, and an opportunity for public comment.

 

     (b) Consider the recommendations of the state geologist.

 

     (3) The Michigan geological survey may enter into an agreement

 

with any state university to perform the duties described in

 

sections 60104 to 60106. Subject to the terms of the agreement, the

 

state university entering into the agreement with the Michigan

 

geological survey, or a department or office of that state

 

university, may directly receive money or other assets to implement

 

the agreement in the same manner as the Michigan geological survey

 

under section 60108.

 

     Sec. 60104. The department shall make or cause to be made

 

Michigan geological survey shall continue to make a thorough

 

geological and mineralogical survey of the this state, which shall

 

may include a determination of the succession and arrangement,

 

thickness, and position of all strata and rocks; their mineral

 

character and contents and their economical uses; an investigation

 

of soils and subsoils and the determination of their character and

 

agricultural adaptation; and the investigation of all deposits of

 

brines, coal, marl, clay, gypsum, lime, petroleum, metals and

 

metallic ores, building stone, marble, gritstone, materials for

 

mortar and cement, mineral paint, and all other geological

 

productions of the geological world within the limits of or

 

features in this state capable of being converted to the uses of

 

humans.

 

     Sec. 60105. The department shall cause ample materials to be

 

collected Michigan geological survey shall provide for the

 

collection and conservation of cores, samples, and specimens for

 

the illustration of every division of the geology and mineralogy of

 

the this state, and shall label, arrange, and prepare the materials

 

for exhibition in suitable cases in the museums of the public

 

colleges and universities of the state and in a room in connection

 

with the state library. to the extent that facilities and funds are

 

available to do so.

 

     Sec. 60106. The department Michigan geological survey shall

 

prepare and submit to the state geologist an annual report of

 

progress and other reports, documents, and maps as necessary to

 

fulfill its responsibilities. the progress of the geological survey

 

and, as often as possible, a condensed statement of important and

 

interesting facts for general circulation. Upon completion of the

 

geological survey, the department shall prepare a complete memoir

 

of the geology of the state, including an account of all its

 

mineral and agricultural resources as is usual in works of that

 

character, a delineation of its geology on the map of the state,

 

and other diagrams and illustrations as necessary to set forth in a

 

creditable, intelligible, and, as far as possible, popular manner

 

the nature, location, and extent of the geological and agricultural

 

resources of the state. However, this report shall not contain to

 

any considerable extent compilations of and extracts from books

 

previously published.

 

     Sec. 60107. All notes, memoranda, compilations, collections,

 

specimens, diagrams, and illustrations that may be are made in the

 

progress of the operation of the Michigan geological survey by the

 

person or persons engaged in conducting the geological survey are

 

the property of the this state and shall be under the control of

 

the department governing institution.

 

     Sec. 60108. To implement this part, the sum of $8,000.00 for

 

each year until the completion of the geological survey is hereby

 

appropriated to be drawn from the state treasury as needed. All

 

expenses of the department in implementing this part authorized by

 

law shall first be certified to be correct by the department, and

 

shall be paid out of the state treasury upon the warrant of the

 

state treasurer from the fund appropriated for that purpose.

 

However, this appropriation shall not be used for printing reports.

 

The Michigan geological survey may receive money or other assets to

 

implement this part from any of the following:

 

     (a) Funds appropriated by the legislature.

 

     (b) Federal, state, municipal, or private grants.

 

     (c) Any other source approved by the governing institution.

 

     Enacting section 1. All of the following are repealed:

 

     (a) Section 50 of 1846 RS 60, MCL 322.350.

 

     (b) Section 60103 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.60103.