Bill Text: MI HB4993 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Natural resources; hunting; Michigan wildlife management public education subaccount; create. Amends sec. 43532a of 1994 PA 451 (MCL 324.43532a) & adds sec. 43532b.
Spectrum: Moderate Partisan Bill (Republican 43-5)
Status: (Passed) 2013-12-31 - Assigned Pa 246'13 With Immediate Effect 2013 Addenda [HB4993 Detail]
Download: Michigan-2013-HB4993-Engrossed.html
HB-4993, As Passed Senate, December 12, 2013
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4993
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 43532a (MCL 324.43532a), as added by 2013 PA
108, and by adding section 43532b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 43532a. Beginning March 1, 2014, the department shall
charge an additional $1.00 per base license under sections
43523a(3) and 43535(2), combination hunt and fish license under
section 43523b, and all-species fishing license under sections
43532(7)
and 43536(2). The department shall use deposit money
generated
under this section for marketing, education, and outreach
activities.in the Michigan wildlife management public
education
subaccount created in section 43532b.
Sec. 43532b. (1) The Michigan wildlife management public
education subaccount is created within the game and fish protection
account.
(2) The state treasurer may receive money or other assets from
any source for deposit into the subaccount. The state treasurer
shall direct the investment of the subaccount. The state treasurer
shall credit to the subaccount interest and earnings from
subaccount investments.
(3) Money in the subaccount at the close of the fiscal year
shall remain in the subaccount and shall not lapse to the game and
fish protection account or the general fund.
(4) The department shall be the administrator of the
subaccount for auditing purposes.
(5) The Michigan wildlife council shall expend money from the
subaccount, upon appropriation, only to support the program
designed under subsection (18) and to pay the department's
administrative costs in implementing this section. Not more than 5%
of the annual appropriations from the subaccount shall be spent on
the administrative costs of the department in implementing this
section.
(6) The Michigan wildlife council is created within the
department.
(7) The Michigan wildlife council shall consist of the
following 9 members:
(a) The director or his or her designee.
(b) Four individuals who have purchased hunting or fishing
licenses in this state on a regular basis, including at least once
during each of the last 3 years, at least 1 of whom has purchased a
House Bill No. 4993 as amended December 11, 2013
hunting license and at least 1 of whom has purchased a fishing
license, appointed by the governor <<with the advice and consent of
the senate>> from a list recommended by
statewide sportsmen's organizations.
(c) One individual representing local businesses in this state
that are substantially impacted by hunting and fishing, appointed
by the governor <<with the advice and consent of the senate>>.
(d) One individual representing agricultural producers in this
state, appointed by the governor <<with the advice and consent of the
senate>>.
(e) One individual with a media or marketing background, who
is not an employee of the department, appointed by the governor
<<with the advice and consent of the senate>>.
(f) One individual representing rural areas of this state
whose economies are substantially impacted by hunting and fishing,
appointed by the governor <<with the advice and consent of the senate>>.
(8) In appointing members under subsection (7), the governor
shall make an effort to appoint members from all geographic areas
of this state, at least 1 of whom is from the Upper Peninsula.
(9) The members first appointed to the Michigan wildlife
council shall be appointed within 90 days after the effective date
of this section.
(10) The appointed members of the Michigan wildlife council
shall serve for terms of 4 years or until a successor is appointed,
whichever is later, except that of the members first appointed 2
shall serve for 2 years, 3 shall serve for 3 years, and 3 shall
serve for 4 years. The appointed members shall not serve more than
2 full terms.
(11) If a vacancy occurs on the Michigan wildlife council, the
governor shall make an appointment for the unexpired term in the
same manner as the original appointment.
(12) The governor may remove a member of the Michigan wildlife
council for incompetence, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
(13) The first meeting of the Michigan wildlife council shall
be called by the director. At the first meeting, the Michigan
wildlife council shall adopt bylaws and then elect from among its
members a chairperson and other officers as it considers necessary
or appropriate. After the first meeting, the Michigan wildlife
council shall meet at least quarterly, or more frequently at the
call of the chairperson or if requested by a majority of the
members serving.
(14) A majority of the members of the Michigan wildlife
council constitute a quorum for the transaction of business at a
meeting of the Michigan wildlife council. A majority of the members
serving are required for official action of the Michigan wildlife
council.
(15) The business that the Michigan wildlife council may
perform shall be conducted at a public meeting of the Michigan
wildlife council held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
(16) A writing prepared, owned, used, in the possession of, or
retained by the Michigan wildlife council in the performance of an
official function is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(17) Members of the Michigan wildlife council shall serve
without compensation. However, members of the Michigan wildlife
House Bill No. 4993 as amended December 11, 2013
council may be reimbursed for their actual and necessary expenses
incurred in the performance of their official duties as members of
the Michigan wildlife council.
(18) The Michigan wildlife council shall do all of the
following:
(a) Develop and implement, in conjunction with a third-party
marketing or advertising agency, a comprehensive media-based public
information program to promote the essential role that sportsmen
and sportswomen play in furthering wildlife conservation and to
educate the general public about hunting, fishing, and the taking
of game. That education <<shall>> include, but is not limited to,
teaching that hunting, fishing, and the taking of game are any of
the following:
(i) Necessary for the conservation, preservation, and
management of this state's natural resources.
(ii) A valued and integral part of the cultural heritage of
this state and should forever be preserved.
(iii) An important part of this state's economy.
(b) Provide a semiannual report to the legislature on the
program and expenditures under this section.
(c) Prepare an operational plan no later than 120 days after
the first meeting of the Michigan wildlife council and no later
than April 30 in subsequent years.
(d) Expend money from the Michigan wildlife management public
education subaccount in accordance with the operational plan and in
compliance with section 40501, except that all expenditures shall
be within the scope of the activities and funding levels authorized
in the operational plan.
(19) The Michigan wildlife council may give preference to
Michigan-based firms when hiring a third-party marketing or
advertising agency under subsection (18).
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.
