Bill Text: MI SB0924 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Natural resources; other; commission of natural resources; grant authority to appoint the director of the department of natural resources. Amends sec. 501 of 1994 PA 451 (MCL 324.501).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB0924 Detail]

Download: Michigan-2011-SB0924-Introduced.html

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SENATE BILL No. 924

 

 

January 31, 2012, Introduced by Senator GLEASON and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     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 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 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 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. 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.

 

     (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

 

16.275. 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 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 Beginning on the effective date of the amendatory act

 

that amended this section, the commission shall appoint and employ

 

a director who shall continue in office 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 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 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 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. 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.