April 24, 2007, Introduced by Reps. Lindberg, Byrum, Spade, Rick Jones, Stahl, Meekhof and Bieda and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 76103 (MCL 324.76103), as amended by 2001 PA
75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
76103. (1) The underwater Great
Lakes state park and
salvage
and preserve advisory committee is created in the
department to provide technical and other advice to the department
and the department of history, arts, and libraries with respect to
their responsibilities under this part, under part 325, and with
respect to the Great Lakes state park created in section 74127.
(2)
The underwater salvage and preserve committee shall
consist
of 9 11 members appointed as follows:
(a)
Two individuals appointed by the department who have
primary
responsibility in the department for administering this
part.
(b)
Two individuals appointed by the director of the
department
of history, arts, and libraries who have primary
responsibility
in the department of history, arts, and libraries
for
administering this part.
(c)
Five individuals appointed by the governor with the advice
and
consent of the senate from the general public. Two of these
individuals
shall have experience in recreational scuba diving.
(a) One individual appointed by the director who has primary
responsibility in the department for park and recreation planning
and enhancement of recreation opportunities on state lands.
(b) One individual appointed by the director who has primary
responsibility in the department for law enforcement on Great Lakes
surface waters and bottomlands.
(c) One individual appointed by the director of travel
Michigan who has primary responsibility in that agency for tourism
research and marketing.
(d) One individual appointed by the director of the department
of environmental quality who has primary responsibility in that
department for administering this part and part 325.
(e) One individual appointed by the director of the department
of history, arts, and libraries who has primary responsibility in
that department for administering this part.
(f) Six individuals appointed by the governor with the advice
and consent of the senate from the general public to represent each
of the following:
(i) Marine salvage and construction companies.
(ii) Retail dive shops.
(iii) Dive charter boat operators.
(iv) Maritime museum organizations.
(v) Academic researchers.
(vi) Statewide organizations with an interest in Great Lakes
bottomlands preserves.
(3) An individual appointed to the committee shall serve for a
term of 3 years. A vacancy on the committee shall be filled in the
same manner as an original appointment and the term of a member
appointed to fill a vacancy shall be for 3 years. Members of the
committee shall serve without compensation, except for their
regular
state salary where if applicable.
(4) The chairperson of the committee shall alternate between
the representatives from the department and the department of
history, arts, and libraries. The chairperson shall be designated
by the department or the director of the department of history,
arts, and libraries, whichever is applicable, from among his or her
representatives on the committee. The chairperson's term shall run
for 12 months, from October 1 through September 30. The department
shall appoint the first chairperson of the committee for a term
ending September 30, 1989. The chairperson shall call meetings as
necessary but not less than 4 times per year, set the agenda for
meetings, ensure that adequate minutes are taken, and file an
annual report of committee proceedings with the head of the
department of natural resources and the director of the department
of history, arts, and libraries.
(5) The committee is an advisory body and may perform all of
the following functions:
(a) Make recommendations with regard to the creation and
boundaries of Great Lakes underwater preserves.
(b) Review applications for underwater salvage permits and
make recommendations regarding issuance.
(c) Consider and make recommendations regarding the charging
of permit fees and the appropriate use of revenue generated by
those fees.
(d) Consider the need for and the content of rules intended to
implement this part and make recommendations concerning the
promulgation of rules.
(e) Consider and make recommendations concerning appropriate
legislation.
(f) Consider and make recommendations concerning program
operation.
(g) Establish voluntary guidelines for the discovery of
shipwrecks.
(h) Establish criteria for submission and review of permit
applications for underwater archaeological recovery, underwater
salvage, and any other activities that may alter or destroy
abandoned shipwrecks.
(i) Consider and make recommendations for use of the Great
Lakes state park preservation fund created in section 74130 and
whether the Great Lakes state park preservation fund should be
administered as an endowment fund.
(j) Consider and make recommendations for promotion of the
Great Lakes state park created in section 74127.
(k) Consider and make recommendations for funding of the Great
Lakes state park created in section 74127.
(l) Consider and make recommendations on the amount that should
be charged for a Great Lakes state park pass under section 74129.
(6) The committee shall not replace or supersede the
responsibility or authority of the department of history, arts, and
libraries or the department to carry out their responsibilities
under this part.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No. 429 or House Bill No.____ (request no.
02426'07 *).
(b) Senate Bill No. 431 or House Bill No.____ (request no.
02428'07 *).
(c) Senate Bill No. 430 or House Bill No.____ (request no.
02429'07 *).
(d) Senate Bill No.____ or House Bill No. 4640(request no.
02430'07 *).
(e) Senate Bill No.____ or House Bill No. 4639(request no.
03272'07).