Bill Text: MI HB5773 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources; other; natural resources commission membership; modify. Amends sec. 501 of 1994 PA 451 (MCL 324.501).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-05-20 - Bill Electronically Reproduced 05/20/2020 [HB5773 Detail]
Download: Michigan-2019-HB5773-Introduced.html
HOUSE BILL NO. 5773
May 19, 2020, Introduced by Reps. Hoitenga and
Lower and referred to the Committee on Natural Resources and Outdoor
Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 501 (MCL 324.501).
the people of the state of michigan enact:
Sec. 501. (1) A department of natural resources for
this state is created which that shall possess the powers and perform
the duties granted and imposed by this act and as otherwise provided by law.
(2) The commission of
natural resources is created as the head of the department of natural resources
and may establish general policies related to natural resources management and
environmental protection for the guidance of the director. In addition, the
commission has appellate authority as provided in section 1101. The commission shall must be composed of 7 members, not as follows:
(a)
No more than 4 of whom shall members may be members of the same
political party, appointed by the party.
(b)
The governor by and shall appoint a member with the advice
and consent of the senate.
(c)
A member of the commission shall must be selected with special reference
to that person's individual's training and experience
related to at least 1 of the principal lines of activities vested in the
department of natural resources and the ability and fitness of that person individual to deal with those activities.
(d) The term of office of each member of the commission
shall be 4 years.
(e) The governor shall fill a vacancy occurring in the
membership of the commission and may remove a member of the commission for
cause after a hearing.
(f) Each member of the commission shall hold office until
the appointment and qualification of that member's successor.
(g)
The commission must have at least 1 member from each district of the court of
appeals of this state. If the commission does not have at least 1 member from
each district of the court of appeals of this state, any new member of the
commission must be selected from a district of the court of appeals of this
state that is unrepresented on the commission until the commission has at least
1 member from each district.
(3) The commission,
within 30 days after having qualified and annually after that time, shall meet
at its office in Lansing and organize by appointing a secretary, who need not
be a member of the commission. The governor shall appoint a chairperson of the
commission from among its members, who shall serve as chairperson at the
pleasure of the governor. Four members of the commission constitute a quorum
for the transaction of business. The business which that the
commission may perform shall must be conducted at a public meeting of
the commission held in compliance with the open meetings act, Act No. 267 of the Public Acts of
1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. 1976 PA 267, MCL 15.261 to 15.275. Public
notice of the time, date, and place of the meeting shall must be
given in the manner required by Act No. 267 of the Public Acts of 1976. the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. A meeting may be called by the chairperson and shall must be called on request of a majority
of the members of the commission. A The commission
may hold a meeting may be held as often as necessary and at other
places than the commissioners' offices at Lansing. The commission shall meet at
least once each month.
(4) The commission shall
appoint and employ a director who shall continue in office serves at the pleasure of the commission. The
director shall appoint 1 or more deputy directors and other assistants and
employees as are necessary to implement this part and any other law of this
state affecting the powers and duties of the department of natural resources. A
person to whom the director has lawfully delegated decision making authority in
writing may perform a duty or exercise a power conferred by law upon the
department at the time and to the extent the duty and power is delegated to
that person by the director. When a vacancy in the office of director occurs, or
the director is unable to perform the director's duties or is absent from the
state, the powers and duties of the director as prescribed by law shall must be imposed on and transferred to a deputy director
until the vacancy is filled or the director's inability or absence from the
state ceases.
(5) The compensation of the deputy directors, the assistants, and the employees, and the number of assistants and employees, shall be is subject to the approval of the state administrative board. The members of the commission shall not receive compensation under this part, but each member and the other officers and employees of the department of natural resources shall be are entitled to reasonable expenses while traveling in the performance of their duties prescribed by this act. The salaries and expenses authorized under this act shall must be paid out of the state treasury in the same manner as the salaries of other state officers and employees are paid. The department of technology, management, and budget shall furnish suitable offices and office equipment, at Lansing, for the use of the department of natural resources. Each member of the commission and the director shall qualify by taking and subscribing to the constitutional oath of office prescribed in section 1 of article XI of the state constitution of 1963 and by filing it in the office of the secretary of state.
