November 9, 2005, Introduced by Senators BIRKHOLZ, KUIPERS, HARDIMAN, GOSCHKA, ALLEN and McMANUS and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1986 PA 268, entitled
"Legislative council act,"
by amending the title and section 102 (MCL 4.1102), the title as
amended by 1988 PA 100 and section 102 as amended by 1995 PA 189,
by amending the heading to chapter 8, and by adding sections 801,
802, 803, 804, and 805; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create the legislative council; to prescribe its
membership, powers, and duties; to create a legislative service
bureau to provide staff services to the legislature and the
council; to provide for operation of legislative parking
facilities; to create funds; to provide for the expenditure of
appropriated funds by legislative council agencies; to authorize
the sale of access to certain computerized data bases; to establish
fees; to create the Michigan commission on uniform state laws; to
create a law revision commission; to create a senate fiscal agency
and a house fiscal agency; to create a Michigan capitol committee;
to
create a commission on intergovernmental relations an
environmental science board; to prescribe the powers and duties of
certain
state agencies and departments; and
to repeal certain
acts
and parts of acts. ; and to repeal certain parts of this act
on
specific dates.
Sec. 102. As used in this act:
(a) "Bureau" means the legislative service bureau.
(b) "Commission" means the Michigan law revision commission.
(c) "Council" means the legislative council.
(d) "Council administrator" means the chief executive officer
of all legislative council agencies.
(e) "Legislative council agencies" means the bureau,
commission, and any other legislative council agency designated by
the council.
(f) "MESB" means the Michigan environmental science board
created in section 801.
CHAPTER 8
COMMISSION ON INTERGOVERNMENTAL RELATIONS ENVIRONMENTAL SCIENCE
BOARD.
Sec. 801. (1) The Michigan environmental science board is
created.
(2) The MESB shall consist of 9 members appointed by the
council, as follows:
(a) A member with expertise in engineering.
(b) A member with expertise in ecological science.
(c) A member with expertise in economics.
(d) A member with expertise in chemistry.
(e) A member with expertise in physics.
(f) A member with expertise in biological sciences.
(g) A member with expertise in human medicine.
(h) A member with expertise in statistics.
(i) A member with expertise in risk assessment.
(3) The first members appointed to the MESB shall be appointed
within 90 days after the effective date of this section.
(4) Members of the MESB shall serve for terms of 3 years or
until a successor is appointed, whichever is later. However, of the
members first appointed, 3 shall serve for 1 year and 3 shall serve
for 2 years.
(5) If a vacancy occurs on the MESB, the vacancy shall be
filled for the unexpired term in the same manner as the original
appointment.
(6) The council may remove a member of the MESB for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
Sec. 802. (1) The MESB shall be administered by an executive
director who shall be appointed by the council within 90 days after
the effective date of this section. The first meeting of the MESB
shall be called by the executive director within 150 days after the
effective date of this section. At the first meeting, the MESB
shall elect from among its members a chairperson and other officers
as it considers appropriate. After the first meeting, the MESB
shall meet at the call of the chairperson or if requested by 2 or
more members.
(2) A majority of the members of the MESB constitute a quorum
for the transaction of business at a meeting of the MESB. The
affirmative vote of a majority of the members of the MESB is
required for official action of the MESB.
(3) The business that the MESB may perform shall be conducted
at a public meeting of the MESB held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(4) A writing prepared, owned, used, in the possession of, or
retained by the MESB in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(5) Members of the MESB shall serve without compensation.
However, members of the MESB may be reimbursed for their actual and
necessary expenses incurred in the performance of their official
duties as members of the MESB.
Sec. 803. Upon request of the senate majority leader or the
speaker of the house of representatives, the MESB shall advise the
legislature on issues affecting the conservation of the natural
resources of this state. In its deliberations, the MESB shall use
sound, objective, scientific reasoning and shall consider both of
the following:
(a) Relative risk to the human health and to the environment.
(b) Economic reasonableness.
Sec. 804. (1) As appropriate, the MESB may make inquiries,
studies, and investigations, hold hearings, and receive comments
from the public. As appropriate, the executive director may call
upon experts who are not members of the MESB to assist the MESB in
its various deliberations.
(2) All departments, boards, commissions, or officers of this
state, or of any political subdivision of this state, shall give to
the MESB, or to any member or representative of the MESB, both of
the following:
(a) Any necessary assistance required by the MESB, or any
member or representative of the MESB, in the performance of the
duties of the MESB so far as is compatible with the entity's or
officer's duties.
(b) Free access to any books, records, or documents in the
entity's or officer's custody relating to matters within the scope
of the inquiry, study, or investigation of the MESB.
Sec. 805. The Michigan environmental science board created by
Executive Order No. 1992-19 and transferred to the department of
environmental quality by Executive Reorganization Order No. 1997-3,
MCL 324.99904, is dissolved.
Enacting section 1. Chapter 9 of the legislative council act,
1986 PA 268, MCL 4.1901, is repealed.