41-4701. Mining advisory council

A. The mining advisory council is established consisting of the following members:

1. The state mine inspector or the state mine inspector's designee.

2. One member who represents a small company that is actively engaged in the mining industry and who is appointed by the speaker of the house of representatives.

3. Two members who are actively engaged in the aggregate mining industry and who are appointed by the speaker of the house of representatives.

4. Two members who represent large companies that are actively engaged in the mining industry and who are appointed by the president of the senate.

5. One member who represents a mining supplier company that is actively engaged in the mining industry and who is appointed by the president of the senate.

6. Two members of the public who have natural resources experience and who are appointed by the governor.

B. The initial members appointed pursuant to subsection A, paragraphs 2 through 6 shall assign themselves by lot to two, three, four and five years in office. All subsequent members serve five year terms of office. A member may continue to serve until the member's successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of an unexpired term.

C. The appointing authority may remove a member for cause. In addition, a member is deemed to have vacated the member's office if the member:

1. Ceases to engage in the member's qualifying occupation.

2. No longer resides in this state.

3. Is absent without excuse from three consecutive regular meetings of the council.

4. Resigns, dies or becomes unable to perform the member's duties.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.

E. The advisory council functions include:

1. Selecting a chairperson and vice-chairperson from among its members.

2. Holding meetings at the call of the chairperson or a majority of its members.

3. Reviewing mining policy in this state as established by law and as administered in all functional areas of state government.

4. Reviewing, advising and making recommendations to state agencies on proposed rules and budget allocations affecting mining.

F. The advisory council may conduct periodic analyses of agency policy affecting mining, including policy as reflected by decisions of administrative law judges and agency directors.

G. In adopting administrative rules and budgets, each state agency may include the comments of the advisory council in the official record. In adopting rules affecting mining, each state agency may consider the recommendations of the advisory council.

41-4701. Mining advisory council

A. The mining advisory council is established consisting of the following members:

1. The state mine inspector or the state mine inspector's designee.

2. One member who represents a small company that is actively engaged in the mining industry and who is appointed by the speaker of the house of representatives.

3. Two members who are actively engaged in the aggregate mining industry and who are appointed by the speaker of the house of representatives.

4. Two members who represent large companies that are actively engaged in the mining industry and who are appointed by the president of the senate.

5. One member who represents a mining supplier company that is actively engaged in the mining industry and who is appointed by the president of the senate.

6. Two members of the public who have natural resources experience and who are appointed by the governor.

B. The initial members appointed pursuant to subsection A, paragraphs 2 through 6 shall assign themselves by lot to two, three, four and five years in office. All subsequent members serve five year terms of office. A member may continue to serve until the member's successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of an unexpired term.

C. The appointing authority may remove a member for cause. In addition, a member is deemed to have vacated the member's office if the member:

1. Ceases to engage in the member's qualifying occupation.

2. No longer resides in this state.

3. Is absent without excuse from three consecutive regular meetings of the council.

4. Resigns, dies or becomes unable to perform the member's duties.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.

E. The advisory council functions include:

1. Selecting a chairperson and vice-chairperson from among its members.

2. Holding meetings at the call of the chairperson or a majority of its members.

3. Reviewing mining policy in this state as established by law and as administered in all functional areas of state government.

4. Reviewing, advising and making recommendations to state agencies on proposed rules and budget allocations affecting mining.

F. The advisory council may conduct periodic analyses of agency policy affecting mining, including policy as reflected by decisions of administrative law judges and agency directors.

G. In adopting administrative rules and budgets, each state agency may include the comments of the advisory council in the official record. In adopting rules affecting mining, each state agency may consider the recommendations of the advisory council.