HOUSE BILL No. 5145


     October 4, 2001, Introduced by Reps. Mead, Ehardt, Pumford, DeVuyst, LaSata, Gilbert, Van Woerkom, Hager, Stamas, Caul, Shackleton, Allen,
Sheltrown, Stewart, Spade, Julian, Bovin and Rivet and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 9307 (MCL 324.9307), as amended by 1998 PA

   463.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 9307.  (1) A conservation district board shall consist

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      of 5 directors, elected or appointed as provided in this part.

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      The directors shall designate a chairperson annually.

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           (2) The term of office of each director shall be 4 years.

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      All directors shall be elected at an annual meeting by residents

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      of the district.  The election shall be nonpartisan and the

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      directors shall be elected by the residents of the district at

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      large.  At least 60 days prior to the annual meeting, a candidate

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      for conservation district director must file at the conservation

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      district office  ,  a petition signed by 5 residents of the


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      district.  A candidate must be a resident of the district.  The

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      annual meeting shall be held  within 30 days following the close

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      of the fiscal year of the district.  The fiscal year of the dis-

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      trict shall be  AT A DATE determined by the board of directors of

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      the district.  Notice of the annual meeting shall be published in

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      the official newspaper of record for the area in which the dis-

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      trict is located at least 45 days prior to the date of the annual

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      meeting.  This notice shall include the date, time, and location

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      of the annual meeting, an agenda of items to be considered at the

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      meeting, and a list of all candidates for directors of the con-

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      servation district.  A resident of a district who is unable to

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      attend the annual meeting may vote for the directors of the con-

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      servation district by absentee ballot at the conservation dis-

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      trict office, during regular business hours of the conservation

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      district office, at any time after publication of the notice and

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      prior to the annual meeting.  Director elections shall be certi-

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      fied by the department.  A director shall hold office until a

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      successor has been elected and qualified.  Vacancies shall be

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      filled by appointment by the board until the next annual

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      meeting.

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           (3) A majority of the directors constitutes a quorum, and

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      the concurrence of a majority in any matter within their duties

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      is required for its determination.  A director is entitled to

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      expenses, including traveling expenses necessarily incurred in

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      the discharge of his or her duties.  A director may be paid a per

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      diem for time spent undertaking his or her duties as a director





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      in an amount not to exceed the per diem paid to a member of the

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      commission of agriculture.

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           (4) The directors may employ a secretary, technical experts,

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      and such other officers, agents, and employees, permanent and

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      temporary, as they may require, and shall determine their quali-

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      fications, duties, and compensation.  The directors may call upon

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      the attorney general of the state for legal services as they may

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      require.  The directors may delegate to their chairperson, to 1

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      or more directors, or to 1 or more agents or employees any powers

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      and duties that they consider proper.  The directors shall fur-

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      nish to the department, upon request, copies of ordinances,

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      rules, regulations, orders, contracts, forms, and other documents

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      that they adopt or employ, and any other information concerning

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      their activities that the department may require in the per-

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      formance of its duties under this part.

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           (5) The directors shall  provide  DO ALL OF THE FOLLOWING:

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           (A) PROVIDE for the execution of surety bonds for all

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      employees and officers who are entrusted with funds or property.

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       ; shall provide

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           (B) PROVIDE for the keeping of a full and accurate record of

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      all proceedings and of all resolutions, regulations, and orders

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      issued or adopted.  ; shall provide

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           (C) DETERMINE THE FISCAL YEAR OF THE DISTRICT.

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           (D) PROVIDE for an annual audit of the accounts of receipts

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      and disbursements.  ; and shall maintain







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           (E) MAINTAIN accurate financial records of receipts and

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      disbursements of state funds, which records shall be made

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      available to the department.

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           (6) Any director may be removed by the department upon

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      notice and hearing for neglect of duty or malfeasance in office,

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      but for no other reason.

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           (7)  (6)  The directors may invite the legislative body of

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      any municipality or county located near the territory comprised

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      within the district to designate a representative to advise and

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      consult with the directors of the district on all questions of

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      program and policy that may affect the property, water supply, or

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      other interests of the municipality or county.
































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