[center] [/center] [center] [/center] [center] [/center] [center]SUBSTITUTE FOR[/center]
[center]SENATE BILL NO. 440[/center]
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.
[center]THE PEOPLE OF THE STATE OF MICHIGAN ENACT:[/center] [center][/center] [center]TITLE[/center] [center][/center]
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, trap, 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 [strike]general [/strike]
[strike][/strike]
[strike]policies related to natural resources management and environmental [/strike]
[strike][/strike]
[strike]protection [/strike]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, trap, 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
[strike]which [/strike]that the commission may perform shall be conducted at a
public meeting of the commission held in compliance with the open
meetings act, [strike]Act No. 267 of the Public Acts of 1976, being [/strike]
[strike][/strike]
[strike]sections 15.261 to 15.275 of the Michigan Compiled Laws [/strike]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 [strike]Act [/strike]
[strike][/strike]
[strike]No. 267 of the Public Acts of 1976 [/strike]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.
Senate Bill 0440 (2007) [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=shortlinkdisplay&docname=2007-SB-0440"]
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[/url] [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=shortlinkdisplay&docname=2007-SB-0440"]linkable[/url] [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/milegPrint.aspx?page=BillStatus&objectname=2007-SB-0440&queryid=21959218"]
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[/url] [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/milegPrint.aspx?page=BillStatus&objectname=2007-SB-0440&queryid=21959218"]printable[/url]
Sponsors [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Patricia Birkholz"]Patricia Birkholz[/url] - (primary)
[url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Randy Richardville"]Randy Richardville[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Gerald Van Woerkom"]Gerald Van Woerkom[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Judson Gilbert"]Judson Gilbert[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=John Pappageorge"]John Pappageorge[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Ron Jelinek"]Ron Jelinek[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Bruce Patterson"]Bruce Patterson[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Wayne Kuipers"]Wayne Kuipers[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Michelle McManus"]Michelle McManus[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Valde Garcia"]Valde Garcia[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Tony Stamas"]Tony Stamas[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Mark Jansen"]Mark Jansen[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Roger Kahn"]Roger Kahn[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Raymond Basham"]Raymond Basham[/url], [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&chamber=Senate&sponsor=Michael Prusi"]Michael Prusi[/url]
Categories [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&detailedcategory=Natural%20resources,%20hunting"]Natural resources, hunting[/url]; [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=ExecuteSearch&legislativesession=2007-2008&detailedcategory=Natural%20resources,%20fishing"]Natural resources, fishing[/url]
Natural resources; hunting; right to hunt and fish; authorize natural resources commission to establish policies for protection of. Amends title & sec. 501 of [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=getObject&objectname=mcl-act-451-of-1994"]1994 PA 451[/url] (MCL [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=getObject&objectname=mcl-324-501"]324.501[/url]).
Last Action: 05/15/2007 - referred to Committee on [url "http://www.legislature.mi.gov/(S(kawjt0yy5mmekg453in4fyi1))/mileg.aspx?page=CommitteeBillRecordSearch&CommitteeID=3440&chamber=house"]Tourism, Outdoor Recreation and Natural Resources[/url]
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