SENATE BILL No. 440

 

 

April 25, 2007, Introduced by Senators BIRKHOLZ, RICHARDVILLE, VAN WOERKOM, GILBERT, PAPPAGEORGE, JELINEK, PATTERSON, KUIPERS, McMANUS, GARCIA, STAMAS, JANSEN, KAHN, BASHAM and PRUSI and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending the title and section 501 (MCL 324.501), the title as

 

amended by 2005 PA 116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to protect the environment and natural resources of the

 

state; to codify, revise, consolidate, and classify laws relating

 

to the environment and natural resources of the state; to regulate

 

the discharge of certain substances into the environment; to

 

regulate the use of certain lands, waters, and other natural

 

resources of the state; to protect the people's right to lawfully

 

hunt and fish; to prescribe the powers and duties of certain state


 

and local agencies and officials; to provide for certain charges,

 

fees, assessments, and donations; to provide certain

 

appropriations; to prescribe penalties and provide remedies; and to

 

repeal acts and parts of acts.

 

     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 general policies

 

related to environmental protection and natural resources

 

management, including policies to protect and promote the exercise

 

of the people's right to lawfully hunt and fish and harvest game

 

and fish that are the property of the state. 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 that 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 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 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 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.