Bill Text: MI HB5994 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Public employees and officers; state; membership qualifications for natural resources commission; modify. Amends secs. 301 & 501 of 1994 PA 451 (MCL 324.301 & 324.501).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-25 - Printed Bill Filed 03/25/2010 [HB5994 Detail]
Download: Michigan-2009-HB5994-Introduced.html
HOUSE BILL No. 5994
March 24, 2010, Introduced by Reps. Sheltrown, Ball, Mayes, Rick Jones, Haines, Booher, Wayne Schmidt, Walsh, McDowell, Horn, Proos, Bolger, Daley, Huckleberry, Young, LeBlanc, Slezak, Stamas, Opsommer, Pearce, Agema, Angerer, Stanley, Melton, Schuitmaker and Cushingberry and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 301 and 501 (MCL 324.301 and 324.501), section
301 as amended by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 301. Except as otherwise defined in this act, as used in
this act:
(a)
"Commission" means the commission of natural resources
commission.
(b) "Department" means the director of the department of
natural resources and environment or his or her designee to whom
the director delegates a power or duty by written instrument.
(c) "Department of natural resources and environment" means
the
principal state department created in section 501 Executive
Reorganization Order No. 2009-31, MCL 324.99919.
(d) "Director" means the director of the department of natural
resources and environment.
(e) "Local unit of government" means a municipality or county.
(f) "Michigan conservation and recreation legacy fund" means
the Michigan conservation and recreation legacy fund established in
section 40 of article IX of the state constitution of 1963 and
provided for in section 2002.
(g) "Municipality" means a city, village, or township.
(h) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(i) "Public domain" means all land owned by the state or land
deeded to the state under state law.
(j) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec.
501. (1) A The department of natural resources for this
state
is created which and
environment 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 may
provide advice to the director
on matters relating to conservation policy. In addition, the
commission has certain appellate authority as provided in section
1101.
(3) The commission shall be composed of 7 members, not more
than 4 of whom shall be members of the same political party,
appointed by the governor by and with the advice and consent of the
senate. A member of the commission shall 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 in and the ability
and
fitness
of that person to deal with those activities. matters
relating to conservation policy and the taking of game and fish. In
addition, to qualify for appointment or reappointment to the
commission, an individual must have purchased for his or her use at
least 2 licenses to take game or fish during the calendar year in
which the appointment, pending advice and consent, is made and each
of the 4 immediately preceding calendar years. The department of
natural resources and environment shall provide verification to the
governor, the senate majority leader, and the senate minority
leader that this licensure requirement has been met. Upon
confirmation of the appointee, the department of natural resources
and environment shall post on its website a biography of the
commissioner including a list of licenses to take game or fish
purchased by the commissioner during the period described in this
subsection. Not later than December 31, 2010, 1 of the members of
the commission shall be an individual who is also a member of the
commission of agriculture.
(4) The term of office of each member of the commission shall
be 4 years. 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. Each member of the commission
shall hold office until the appointment and qualification of that
member's successor.
(5) (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 the commission may perform shall 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
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 be
called on request of a majority of the members of the commission. 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.
(6) (4)
The commission governor shall
appoint and employ a
director of the department of natural resources and environment who
shall
continue in office at the pleasure of the commission
governor. 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 and environment. 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 of natural resources and
environment 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 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.
(7) (5)
The compensation of the deputy
directors, the
assistants, and the employees and the number of assistants and
employees shall be 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 and
environment shall be 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 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 and environment. Each member of the commission
and the director shall qualify by taking and subscribing to the
constitutional oath of office and by filing it in the office of the
secretary of state.
