June 29, 2006, Introduced by Senators PATTERSON, BASHAM, CROPSEY, BIRKHOLZ, BARCIA, ALLEN and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 407.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 407 VEHICLE COLLISIONS INVOLVING DEER
Sec. 40701. As used in this part:
(a) "Commission" means the commission on vehicle/deer
collisions created in section 40702.
(b) "Department" means the department of natural resources.
(c) "Director" means the director of the department.
Sec. 40702. (1) The commission is created within the
department.
(2) The commission shall consist of the following members,
appointed as provided in subsection (3):
(a) A representative of the department.
(b) A representative of the state transportation department.
(c) Two members of the public.
(d) A representative of an environmental protection
organization.
(e) A representative of a hunting or outdoorsman organization.
(f) A representative of an animal rights organization.
(3) Each member of the commission shall be appointed by the
governor from a list of at least 3 nominees for that position
submitted by agreement of the senate majority leader and the
speaker of the house of representatives.
(4) The members first appointed to the commission shall be
appointed within 30 days after the effective date of the amendatory
act that added this part.
(5) Members of the commission shall serve for terms of 4 years
or until a successor is appointed, whichever is later, except that
of the members first appointed, the member appointed under
subsection (2)(a) shall serve for 1 year, the member appointed
under subsection (2)(b) and 1 of the members appointed under
subsection (2)(c) shall serve for 2 years, and the members
appointed under subsection (2)(d) and (e) shall serve for 3 years.
(6) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(7) The governor may remove a member of the commission for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
Sec. 40703. (1) The first meeting of the commission shall be
called by the director and held within 60 days after the commission
is appointed. At the first meeting, the commission shall elect from
among its members a chairperson and other officers as it considers
appropriate. After the first meeting, the commission shall meet at
least quarterly, or more frequently at the call of the chairperson
or if requested by 2 or more members.
(2) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(3) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(4) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(5) Members of the commission representing a state department
shall serve without additional compensation. Other members of the
commission shall serve without compensation. However, members of
the commission may be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties as
members of the commission.
Sec. 40704. The commission shall do all of the following in
consultation with federal and local officials and agencies:
(a) Study the problem of collisions between vehicles and deer,
especially those collisions occurring between September 15 and
December 15.
(b) Identify areas where a high number of collisions between
vehicles and deer or other animals occur.
(c) Identify ways to reduce the number or severity of
collisions between vehicles and deer, including all of the
following:
(i) Fencing.
(ii) Tunnels or overpasses.
(iii) Relocating deer.
(iv) Reducing speed limits in certain areas.
(v) Repellents.
(vi) Roadside vegetation management.
(vii) Roadside reflectors and mirrors.
(viii) Roadway lighting.
(ix) In-vehicle countermeasures.
(x) Deer whistles.
(xi) Hunting and other methods of reducing deer populations.
(xii) Public information and education programs.
(d) Identify funding sources to implement solutions
recommended under subdivision (c).
(e) Submit reports to the director, the director of the state
transportation department, and the legislature on its findings and
recommendations under subdivisions (a) to (d). The first report
shall be submitted within 6 months after the first meeting of the
commission.