Bill Text: MI HB5225 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Natural resources; other; natural resource commission; specify additional qualifications for membership and update duties. Amends sec. 501 of 1994 PA 451 (MCL 324.501).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-22 - Printed Bill Filed 01/22/2014 [HB5225 Detail]

Download: Michigan-2013-HB5225-Introduced.html

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HOUSE BILL No. 5225

 

January 21, 2014, Introduced by Reps. Howrylak, Callton, Zemke and Singh and referred to the Committee on Natural Resources.

 

     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 shall possess The department possesses the powers

 

and shall perform the duties granted and imposed by this act and as

 

otherwise provided by law.

 

     (2) The commission of natural resources commission 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 be is 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 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 to deal with those activities. In addition, a member of the

 

commission shall have general knowledge of the habits and

 

distribution of fish and wildlife in this state. A member of the

 

commission shall not hold another state, county, or municipal

 

elective or appointive office. In making appointments to the

 

commission, the governor shall seek to maintain a balance

 

reflecting all aspects of fish and wildlife management, including

 

representation recommended by organized groups representing sport

 

fishers, commercial fishers, hunters, private landowners, and

 

environmentalists.

 

     (3) The term of office of each member of the commission shall

 

be is 4 years. An individual is not eligible to serve more than 2

 

terms on the commission. An individual who serves more than 2 years

 

of a term shall be considered to have served a full term. An

 

individual serving in a third or subsequent term on the commission

 

when the amendatory act adding this 2-term limitation takes effect

 

may continue to serve for the balance of his or her term. 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.

 

     (4) (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 The chairperson 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. that act. 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 Meetings 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.

 

     (5) (4) The commission shall appoint and employ a director who

 

shall continue in office at the pleasure of the commission. The

 

commission shall advise the director of the department of natural

 

resources on matters related to natural resources and conservation.

 

The director of the department of natural resources shall be

 

appointed by the governor and shall serve at the pleasure of the

 

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. 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 when 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.

 

     (6) (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 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 in Lansing, for the use of the department of natural

 

resources.

 

     (7) 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.