41-4701. Mining advisory council; definition

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 is an employee of a small company that is actively engaged in the mining industry in this state and who is appointed by the speaker of the house of representatives.

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

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

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

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

7. One member of the senate who is appointed by the president of the senate and who serves as an advisory member.

8. One member of the house of representatives who is appointed by the speaker of the house of representatives and who serves as an advisory member.

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. In order to be eligible to serve, members of the mining advisory council shall be lawfully present in the United States.

D. 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.

E. 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.

F. 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, advising and making recommendations to state agencies on proposed rules affecting mining.

G. In adopting administrative rules, 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.

H. For the purposes of this section, " advisory member" means a member who advises the other members of the commission at meetings of the commission but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present.