HB-4132, As Passed House, February 21, 2013

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 2004 PA 439.

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 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 conservation

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

candidate for conservation district director must 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 conservation 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.

     (6) If at any time a board has insufficient 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) The directors board may employ a secretary, technical

experts, and such other officers, agents, and employees, permanent

and temporary, as they it may require, and shall determine their

qualifications, duties, and compensation. The directors may call

upon Upon request of a board, the attorney general of the state for

may, at his or her discretion, provide legal services as they may

require. to the district. The directors board may delegate to their

its chairperson, to 1 or more directors, or to 1 or more agents or

employees any powers and duties that they consider it considers

proper. The directors board shall furnish to the department, upon

request, copies of ordinances, rules, regulations, orders,

contracts, forms, and other documents that they adopt or employ,

the board adopts or employs, and any other information concerning

their the board's activities that the department may require in the

performance of its duties under this part.

(8) (6) The directors board shall do all of the following:

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

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.

     (d) Provide for an annual audit of the accounts of receipts

and disbursements.

     (e) Maintain accurate financial records of receipts and

disbursements of state funds, which records shall be made available

to the department.

(9) (7) 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.

(10) (8) The directors 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 directors of the district board on all questions

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

or other interests of the municipality or county.