Act No. 74

Public Acts of 2005

Approved by the Governor

July 19, 2005

Filed with the Secretary of State

July 19, 2005

EFFECTIVE DATE: July 19, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. Pavlov, Schuitmaker, Jones, Wenke, Walker, Ball, Huizenga, Elsenheimer, Kooiman, Vander Veen, Ward, Farhat, Gillard, Emmons, Anderson, Stewart, Kolb, Meyer, Williams, Farrah, LaJoy, Kathleen Law, Bieda, Acciavatti, Taub, Accavitti, Stakoe, Gleason, Shaffer, Nofs, Sak, Nitz, Stahl, Palsrok, Booher, Caul, Cheeks, Clemente, Espinoza, Gonzales, Gosselin, Hansen, Hildenbrand, Kehrl, Leland, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Palmer, Pearce, Polidori, Proos, Sheltrown, Spade and Murphy

ENROLLED HOUSE BILL No. 4714

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 41321; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 41321. (1) The invasive species advisory council is created in the department.

(2) The council shall consist of all of the following members:

(a) The director of the department of natural resources, or his or her designee.

(b) The director of the department of agriculture, or his or her designee.

(c) The director of the department of environmental quality, or his or her designee.

(3) The first meeting of the council shall be called by the director of the department of natural resources. At the first meeting, the council shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by a member.

(4) A majority of the members of the council constitute a quorum for the transaction of business at a meeting of the council. A majority of the members of the council are required for official action of the council.

(5) The business that the council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(6) A writing prepared, owned, used, in the possession of, or retained by the 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.

(7) Members of the council shall serve without additional compensation. However, members of the council may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the council.

(8) The department of natural resources, the department of agriculture, and the department of environmental quality shall provide staff and services to the council.

(9) The council shall consult with representatives of businesses affected by this part, academic experts, public interest group representatives, government officials, and others as necessary for the exercise of its powers and performance of its duties under this part.

(10) This section is repealed 5 years after the effective date of the amendatory act that added this section.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) Senate Bill No. 211 or House Bill No. 4710.

(b) Senate Bill No. 212 or House Bill No. 4711.

(c) Senate Bill No. 213 or House Bill No. 4712.

(d) Senate Bill No. 214 or House Bill No. 4716.

(e) Senate Bill No. 215 or House Bill No. 4713.

(f) Senate Bill No. 217 or House Bill No. 4715.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor