HB-4132, As Passed House, September 10, 2013HB-4132, As Passed Senate, August 27, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4132

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 9307 (MCL 324.9307), as amended by 2013 PA 45.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9307. (1) A conservation district board shall consist of

5 directors elected or appointed as provided in this part. The

directors board shall designate a chairperson annually.

     (2) The Except as provided in subsection (6), the term of

office of each director shall be is 4 years. All Except as

otherwise provided in this section, all directors shall be elected

at an annual meeting by residents of the district. The election

shall be nonpartisan and the directors shall be elected by the

residents of the district at large. At To become a candidate for

director, at least 60 days prior to the annual meeting, a candidate

for conservation district director an individual shall file at the

conservation district office a petition signed by 5 residents of

the district. A candidate must be a resident of the district. The

annual meeting shall be held at a date determined by the board. of

directors of the district. Notice of the annual meeting shall be

published in the official newspaper of record for the area in which

the district is located at least 45 days prior to the date of the

annual meeting. This notice shall include the date, time, and

location of the annual meeting, an agenda of items to be considered

at the meeting, and a list of all candidates for directors of the

conservation district. A resident of a district who is unable to

attend the annual meeting may vote for the directors of the

conservation district by absentee ballot as follows:

     (a) In person at the conservation district office, during

regular business hours of the conservation district office, at any

time after publication of the notice and prior to the annual

meeting.

     (b) By mail received at the conservation district office at

any time after publication of the notice and prior to the annual

meeting.

     (3) Director Following the annual meeting, director elections

shall be certified by the department. A director shall hold office

until a successor has been elected and qualified. Vacancies shall

be filled by appointment by the board until the next annual

meeting.

     (4) The department shall notify the district of its

determination on election certification within 90 days after the

election. If the department does not certify the director election,

the board shall call a special election. The procedures for the

special election shall be the same as those for an election at the

annual meeting. However, if the board received notification that

the department would not be able to certify the director elections

from a special election at least 120 days before the next annual

meeting, the vacancies shall be filled at the next annual meeting.

(5) (4) A majority of the directors constitutes a quorum of

the board, and the concurrence of a majority in any matter within

their duties is required for its the board's determination. A

director is entitled to expenses, including traveling expenses

necessarily incurred in the discharge of his or her duties. A

director may be paid a per diem for time spent undertaking his or

her duties as a director. in an amount not to exceed the per diem

paid to a member of the commission of agriculture and rural

development.

     (6) If at any time the board has an insufficient number of

directors to constitute a quorum, the department shall appoint

directors to fill the vacancies on the board. The appointed

directors shall serve until new directors are elected as provided

for in this section at the next annual meeting and the election is

certified by the department. However, new directors who are elected

to fill vacancies shall serve for the remainder of the vacated

terms.

(7) (5) A conservation district The board may employ a

secretary, technical experts, and such other officers, agents, and

employees, permanent and temporary, as the board may require, and

shall determine their qualifications, duties, and compensation. A

board shall call upon Upon request of the board, the attorney

general of the state for may, at his or her discretion, provide

legal services as the board may require. A to the district. The

board may delegate to its chairperson, to 1 or more directors, or

to 1 or more agents or employees any powers and duties that the

board considers proper. A The board shall furnish to the

department, upon request, copies of ordinances, rules, regulations,

orders, contracts, forms, and other documents that the board adopts

or utilizes and any other information concerning the board's

activities that the department may require in the performance of

its duties under this part.

(8) (6) A conservation district The board shall do all of the

following:

     (a) Provide for the execution of surety bonds for all

conservation district employees and officers who are entrusted with

funds or property.

     (b) Provide for the keeping of a full and accurate record of

all proceedings and of all resolutions, regulations, and orders

issued or adopted.

     (c) Determine the fiscal year of the district.

(9) (7) To be eligible for a grant of $50,000.00 or more from

the department, a conservation district shall do all of the

following:

     (a) Annually submit to the department a budget setting forth

the purpose and amount of the expenses expected to be incurred and

the source and amount of revenue expected to be received during the

ensuing fiscal year.

     (b) Maintain accurate financial records of receipts and

disbursements and uniform accounting in accordance with generally

accepted accounting principles under procedures prescribed by the

department.

     (c) Provide for a biennial independent certified audit by a

certified public accountant of the financial records, accounts, and

procedures of the district. The audit report shall show profits and

losses and the financial condition of the district.

     (d) Agree to comply with subsection (8), (10), and agree to

return any grant funds received if subsection (8) (10) is violated.

(10) (8) A professional forester employed under a grant

described in subsection (7) (9) shall not use his or her position

to do either or both of the following:

     (a) Compete with a private sector business.

     (b) Develop a client base for forestry consultation during

hours when he or she is not employed by the conservation district.

(11) (9) The department may promulgate rules to implement

subsection (7). (9). However, rules promulgated under this

subsection shall remain in effect not later than 3 years after the

effective date of the 2013 amendatory act that amended this

section.June 11, 2016.

(12) (10) A conservation district The board is responsible for

the exercise of the powers and the performance of the duties of a

conservation district under this part.

(13) (11) Any director may be removed by the department upon

notice and hearing for neglect of duty or malfeasance in office,

but for no other reason.

(14) (12) A conservation district The board may invite the

legislative body of any municipality or county located near the

territory comprised within the district to designate a

representative to advise and consult with the board on all

questions of program and policy that may affect the property, water

supply, or other interests of the municipality or county.