House Introduced Bill 4027

HOUSE BILL No. 4027

January 25, 2001, Introduced by Reps. Kolb, Woodward, Zelenko and Williams and referred to the Committee on Land Use and Environment.

A bill to create a commission on state land use policy; to

provide for its powers and duties; and to repeal acts and parts

of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. As used in this act, "commission" means the commis-

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sion on state land use policy created in section 2.

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Sec. 2. (1) The commission on state land use policy is

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created.

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(2) The commission shall consist of the following members,

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who, except for the members described in subdivisions (c) and

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(d), shall be appointed by the governor:

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(a) Two members of the senate, 1 of whom is a member of the

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majority party and 1 of whom is a member of the minority party.

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(b) Two members of the house of representatives, 1 of whom

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is a member of the majority party and 1 of whom is a member of

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the minority party.

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(c) The director of the department of natural resources or

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his or her designee.

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(d) The director of the department of environmental quality

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or his or her designee.

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(e) One city council member.

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(f) One mayor.

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(g) One member representing the Michigan association of

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counties.

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(h) One member representing the Michigan townships

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association.

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(i) One member representing the Michigan farm bureau.

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(j) One member representing the Michigan association of home

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builders.

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(k) One member representing the Michigan association of

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realtors.

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(l) One member representing the Michigan society of planning

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officials.

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(m) One member representing a nongovernmental environmental

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protection organization.

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(n) One member representing the Michigan association of

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regions.

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(3) The governor shall appoint members to the commission

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within 60 days after the effective date of this act.

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(4) Members of the commission shall serve for the life of

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the commission.

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(5) If a vacancy occurs on the commission, the governor

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shall make an appointment to fill the vacancy in the same manner

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as the original appointment.

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(6) The governor may remove a member of the commission for

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incompetency, dereliction of duty, malfeasance, misfeasance, or

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nonfeasance in office, or any other good cause.

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Sec. 3. (1) The first meeting of the commission shall be

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called by the director of the department of natural resources or

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his or her designee serving on the commission within 30 days

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after completion of appointment of members of the commission

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under section 2. At the first meeting, the commission shall

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elect from among its members a chairperson, a secretary, and

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other officers as it considers necessary or appropriate. The

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commission shall meet at the call of the chairperson.

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(2) A majority of the members of the commission constitute a

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quorum for the transaction of business at a meeting of the

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commission. A majority of the members present and serving are

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required for official action of the commission.

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(3) The business that the commission may perform shall be

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conducted at a public meeting of the commission held in compli-

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ance with the open meetings act, 1976 PA 267, MCL 15.261 to

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15.275.

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

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or retained by the commission in the performance of an official

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function is subject to the freedom of information act, 1976

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PA 442, MCL 15.231 to 15.246.

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(5) Members of the commission shall serve without

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compensation. However, members of the commission may be reim-

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bursed for their actual and necessary expenses incurred in the

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performance of their official duties as members of the

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commission.

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Sec. 4. The commission shall do all of the following:

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(a) Conduct at least 6 meetings to solicit public comment

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and recommendations on land use policy in this state. The com-

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mission shall conduct the meetings in urban and rural areas and

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in various regions of the state, including at least 1 meeting in

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the Upper Peninsula.

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(b) Propose land use policies to be implemented by state and

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local government including, but not limited to, recommendations

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for statutes and ordinances to implement those policies.

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(c) Within 1 year after the completion of appointment of

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members of the commission, submit to each member of the legisla-

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ture a report on the commission's findings and recommendations

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under subdivisions (a) and (b).

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Sec. 5. (1) The commission may cooperate and contract with

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individuals, organizations, and departments or agencies of this

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state, the federal government, or a local unit of government in

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carrying out its duties.

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(2) Departments and agencies of this state shall cooperate

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with and assist the commission in carrying out its duties.

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(3) The commission may employ or contract for staff and

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administrative support for the commission.

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(4) The legislature shall appropriate funds for staff,

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administrative support, and other expenses of the commission in

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carrying out its powers and duties under this act.

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Sec. 6. This act is repealed effective October 1, 2003.

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