HB-4993, As Passed House, October 9, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4993

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 43532a (MCL 324.43532a), as added by 2013 PA

108, and by adding section 43532b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 43532a. Beginning March 1, 2014, the department shall

charge an additional $1.00 per base license under sections

43523a(3) and 43535(2), combination hunt and fish license under

section 43523b, and all-species fishing license under sections

43532(7) and 43536(2). The department shall ~~use~~ deposit money

generated under this section ~~for marketing, education, and outreach~~

~~activities.~~in the Michigan wildlife management public education

fund created in section 43532b.

Sec. 43532b. (1) The Michigan wildlife management public

education fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for

auditing purposes.

(5) The Michigan wildlife council shall expend money from the

fund, upon appropriation, only to support the program designed

under subsection (18) and to pay the department's administrative

costs in implementing this section. Not more than 5% of the annual

appropriations from the fund shall be spent on the administrative

costs of the department in implementing this section.

(6) The Michigan wildlife council is created within the

department.

(7) The Michigan wildlife council shall consist of the

following 9 members:

(a) The director or his or her designee.

(b) Four individuals who have purchased hunting or fishing

licenses in this state on a regular basis, including at least once

during each of the last 3 years, at least 1 of whom has purchased a

hunting license and at least 1 of whom has purchased a fishing

license, appointed by the director from a list recommended by

statewide sportsmen's organizations.

that are substantially impacted by hunting and fishing, appointed

by the director.

(d) One individual representing agricultural producers in this

state, appointed by the director.

(e) One individual with a media or marketing background, who

is not an employee of the department, appointed by the director.

(f) One individual representing rural areas of this state

whose economies are substantially impacted by hunting and fishing,

appointed by the director.

(8) In appointing members under subsection (7), the director

shall make an effort to appoint members from all geographic areas

of this state, at least 1 of whom is from the Upper Peninsula.

(9) The members first appointed to the Michigan wildlife

council shall be appointed within 90 days after the effective date

of this section.

(10) The appointed members of the Michigan wildlife council

shall serve for terms of 4 years or until a successor is appointed,

whichever is later, except that of the members first appointed 2

shall serve for 2 years, 3 shall serve for 3 years, and 3 shall

serve for 4 years. The appointed members shall not serve more than

2 full terms.

(11) If a vacancy occurs on the Michigan wildlife council, the

director shall make an appointment for the unexpired term in the

same manner as the original appointment.

(12) The director, with the approval of the majority of the

council, may remove a member of the Michigan wildlife council for

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

(13) The first meeting of the Michigan wildlife council shall

be called by the director. At the first meeting, the Michigan

wildlife council shall adopt bylaws and then elect from among its

members a chairperson and other officers as it considers necessary

or appropriate. After the first meeting, the Michigan wildlife

council shall meet at least quarterly, or more frequently at the

call of the chairperson or if requested by a majority of the

members serving.

(14) A majority of the members of the Michigan wildlife

council constitute a quorum for the transaction of business at a

meeting of the Michigan wildlife council. A majority of the members

serving are required for official action of the Michigan wildlife

council.

(15) The business that the Michigan wildlife council may

perform shall be conducted at a public meeting of the Michigan

wildlife council held in compliance with the open meetings act,

1976 PA 267, MCL 15.261 to 15.275.

(16) A writing prepared, owned, used, in the possession of, or

retained by the Michigan wildlife council in the performance of an

official function is subject to the freedom of information act,

1976 PA 442, MCL 15.231 to 15.246.

(17) Members of the Michigan wildlife council shall serve

without compensation. However, members of the Michigan wildlife

council may be reimbursed for their actual and necessary expenses

incurred in the performance of their official duties as members of

the Michigan wildlife council.

(18) The Michigan wildlife council shall do all of the

following:

(a) Develop and implement, in conjunction with a third-party

marketing or advertising agency, a comprehensive media-based public

information program to promote the essential role that sportsmen

and sportswomen play in furthering wildlife conservation and to

educate the general public about hunting, fishing, and the taking

of game. That education may include, but is not limited to,

teaching that hunting, fishing, and the taking of game are any of

the following:

(i) Necessary for the conservation, preservation, and

management of this state's natural resources.

(ii) A valued and integral part of the cultural heritage of

this state and should forever be preserved.

(iii) An important part of this state's economy.

(b) Provide a semiannual report to the legislature on the

program and expenditures under this section.

the first meeting of the Michigan wildlife council and no later

than April 30 in subsequent years.

(d) Expend money from the Michigan wildlife management public

education fund in accordance with the operational plan and in

compliance with section 40501, except that all expenditures shall

be within the scope of the activities and funding levels authorized

in the operational plan.

(19) The Michigan wildlife council may give preference to

Michigan-based firms when hiring a third-party marketing or