September 18, 2013, Introduced by Reps. Bumstead, Rendon, Kivela, McBroom, Heise, Kurtz, Johnson, Leonard, Goike, VerHeulen, MacGregor, Crawford, Dianda, Haines, Nesbitt, Pettalia, Foster, Glardon, McCready, Haveman, Outman, Callton, Forlini, Schmidt, Potvin, Hooker, Brown, LaVoy, Pscholka, MacMaster, Victory, Genetski, Franz, Somerville, Yonker, Muxlow, Pagel, Jacobsen, Graves, Price, Zorn, Shirkey, Daley, Lyons and Cotter and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 43532a and 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 deposit money generated
under this section 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.
(c) One individual representing local businesses in this state
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 educate this state's general public about
the benefits of wildlife, wildlife management, and the important
role that licensed hunters, anglers, trappers, sportsmen, and
sportswomen play in wildlife and wildlife management.
(b) Provide a biannual report to the legislature on the
program and expenditures under this section.
(c) Prepare an operational plan for the director's approval no
later than 120 days after the first meeting of the Michigan
wildlife council and no later than April 30 in subsequent years.
(d) Expend money from the wildlife management public education
fund in accordance with the operational plan approved by the
director, except that all expenditures shall be within the scope of
the activities and funding levels authorized in the operational
plan.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.