Michigan Laws 333.26203 – Low-level radioactive waste authority; creation; autonomous entity; commissioner as head of authority; appointment, qualifications, and term of commissioner; vacancy; salary; exemption from civil serv
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(1) An authority is created to be known as the low-level radioactive waste authority. The authority is an autonomous entity within the department of commerce. The authority shall exercise its powers and duties independently of the department of commerce, including the budgeting, procurement, contracting for, and actual purchase of all equipment, supplies, and services of whatever kind necessary to implement this act.
(2) The head of the authority is the commissioner who shall be qualified by training and experience to direct the work of the authority. The commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall serve a 2-year term at the pleasure of the governor. A vacancy occurring in the office of the commissioner shall be filled in the same manner as the original appointment. The commissioner shall receive a salary as provided by annual appropriation by the legislature from the low-level radioactive waste management fund.
Terms Used In Michigan Laws 333.26203
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Authority: means the low-level radioactive waste authority established in section 3. See Michigan Laws 333.26202
- Commissioner: means the head of the authority. See Michigan Laws 333.26202
- Department: means the department of public health. See Michigan Laws 333.26202
- fund: means the fund created in section 20. See Michigan Laws 333.26202
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- waste: means radioactive material that consists of or contains class A, B, or C radioactive waste as defined by 10 C. See Michigan Laws 333.26202
(3) The commissioner is exempt from civil service. The commissioner is responsible directly to the governor to ensure the accountability and integrity of the authority and accordingly should be a position within the department of commerce that is exempt from the classified state civil service. The department of commerce shall request that the civil service commission establish the commissioner’s position as a position that is exempt from the classified state civil service.
(4) The commissioner shall employ personnel as necessary to implement this act.