May 17, 2016, Introduced by Reps. Howrylak, Robinson, Greig, LaVoy, Pagan, Chang, Gay-Dagnogo, Singh and Townsend 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 has 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 consideration of 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 natural resource management. This
includes, but is not limited to, representation by sport fishers,
commercial fishers, hunters, private landowners, recreationalists,
environmentalists, conservationists, and scientists. The governor
shall ensure that at least 2 of the members of the commission
possess a 4-year degree from an accredited college or university in
biology, fisheries, wildlife or natural resource management, or
related subject areas.
(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 3
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 fourth or subsequent term on the commission
when the amendatory act adding this 3-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.
(6) 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
or power is delegated to that person in writing 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 this
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
this state ceases.
(7) (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.
(8) 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.