Bill Text: MI SB0922 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: State agencies (existing); agriculture and rural development; the commission of agriculture and rural development; grant authority to appoint the director of the department of agriculture and rural development. Amends title & secs. 1, 2, 3 & 5 of 1921 PA 13 (MCL 285.1 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Referred To Committee On Agriculture [SB0922 Detail]

Download: Michigan-2011-SB0922-Introduced.html

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SENATE BILL No. 922

 

 

January 31, 2012, Introduced by Senator GLEASON and referred to the Committee on Agriculture.

 

 

 

     A bill to amend 1921 PA 13, entitled

 

"An act to promote the agricultural interests of the state of

Michigan; to create a state department of agriculture; to define

the powers and duties thereof; to provide for the transfer to and

vesting in said department of powers and duties now vested by law

in certain other state boards, commissions and officers, and to

abolish certain boards, commissions and officers the powers and

duties of which are hereby transferred,"

 

by amending the title and sections 1, 2, 3, and 5 (MCL 285.1,

 

285.2, 285.3, and 285.5), sections 2 and 3 as amended by 1980 PA

 

314.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     TITLE

 

     An act to promote the agricultural interests of the state of

 

Michigan; to create a state department of agriculture ; to define

 

the and rural development and to prescribe its powers and duties;

 

thereof; to provide for the transfer to and vesting in said the

 

department of powers and duties now vested by law in certain other

 

state boards, commissions, and officers; , and to abolish certain

 

boards, commissions, and officers the powers and duties of which

 

are hereby transferred.

 

     Sec. 1. There is hereby created a state department of

 

agriculture and rural development, which shall possess the powers

 

and perform the duties hereinafter granted and conferred provided

 

in this act and otherwise provided by law. The general

 

administration of said these powers and duties shall be vested in a

 

bipartisan commission of agriculture and rural development which

 

shall be composed of 5 members appointed by the governor, subject

 

to confirmation by the senate. : Provided, That However, 1 member

 

of said the commission shall be a resident of the Upper Peninsula.

 

The members of said the commission shall be selected with special

 

reference to their training and experience along the line of 1 or

 

more of the principal lines of activities vested in the department

 

of agriculture and their ability and fitness to deal therewith with

 

issues under the jurisdiction of the department. The term of office

 

of each member of the commission shall be 6 4 years. : Provided,

 

That of those first appointed 2 shall be appointed for 2 years, 2

 

for 4 years and 1 for 6 years. The governor shall fill any vacancy

 

occurring in the membership of the commission and may remove any

 

member of the commission for cause after a hearing. Each member of

 

this the commission shall hold his or her office until the

 

appointment and qualification of his or her successor. The

 

commission, after having qualified, shall within 30 days and

 

annually thereafter meet at its office in Lansing and organize by

 

electing a chairman chairperson and a secretary. Three members of

 

said the commission shall constitute a quorum for the transaction

 

of business. Meetings may be called by the chairman chairperson and

 

shall be called on request of a majority of the members of the

 

commission and may be held as often as necessary and at other

 

places than the commissioners' offices at Lansing. : Provided, That

 

However, at least 1 meeting shall be held each month. The

 

commission shall appoint and employ a director of the department of

 

agriculture and rural development who shall continue in office at

 

the pleasure of the commission and who shall receive such an annual

 

salary as shall be appropriated by the legislature. He The director

 

shall serve as the principal executive officer of the department.

 

The director may appoint , with the approval of the commission,

 

such assistants and employees as may be necessary to perform the

 

duties hereby imposed of the department, the number of such

 

assistants and employees, and the compensation payable to all

 

persons so appointed and employed, being within the appropriation

 

made therefor for that purpose by the legislature. The members of

 

the commission shall receive compensation of $20.00 per day when in

 

actual performance of duties. : Provided, That no However, a

 

commissioner shall not receive more than $400.00 in any fiscal year

 

as compensation. The salaries of all officers and employees hereby

 

authorized under this act, and the necessary expenses thereof of

 

the officers and employees while traveling in performing any of

 

their duties, shall be paid in the same manner as the salaries and

 

expenses of other state officers and employees are paid. The board

 

of auditors state administrator shall provide suitable offices at

 

Lansing and proper office equipment for the use of said the

 

department. Each member of the commission and the director of

 

agriculture shall qualify by taking and subscribing to the

 

constitutional oath of office , and filing same the oath in the

 

office of the secretary of state.

 

     (2) Whenever, in any law of the state, reference is made to

 

the commissioner of agriculture, reference shall be deemed

 

considered to be made to the director. of agriculture.

 

     (3) As used in this act:

 

     (a) "Commission" means the commission of agriculture and rural

 

development.

 

     (b) "Department" means the department of agriculture and rural

 

development.

 

     (c) "Director" means the director of the department.

 

     Sec. 2. The department of agriculture shall exercise the

 

powers and perform the duties now vested by law in the department

 

of animal industry, the state food and drug commissioner, the state

 

veterinary board, the immigration commission, the commissioner of

 

immigration, the market director, the Michigan weather service, and

 

the Michigan agricultural fair commission. The departments, boards,

 

commissions, and officers, except the Michigan weather service,

 

whose powers and duties are transferred to the department of

 

agriculture under this section are abolished as of June 30, 1921.

 

All records, files, and papers of any nature pertaining to the

 

functions of a transferred department, board, commission, or

 

officer shall be turned over to the department. of agriculture. Any

 

hearing or other proceeding pending before any board or officer

 

whose tenure is terminated under this section shall not be abated,

 

but shall be considered to be transferred to the department of

 

agriculture and shall be carried on and determined by the director

 

of the department of agriculture in accordance with the provisions

 

of the law governing the hearing or proceeding.

 

     Sec. 3. In addition to the powers and duties transferred to

 

the department of agriculture under section 2, the powers and

 

duties of the state board of agriculture with reference to the

 

inspection and regulation of orchards, vineyards, nurseries, and

 

apiaries; the testing of agricultural seeds; the analysis of

 

commercial fertilizers; the testing and examination of

 

insecticides; the analysis and testing of commercial stock foods;

 

the investigation and improvement of marketing conditions; and the

 

publication of Michigan weather service summaries are also

 

transferred to the department. of agriculture. The offices of state

 

inspector of orchards and nurseries, and inspector of apiaries are

 

abolished. The powers and duties pertaining to those offices are

 

transferred to the department. of agriculture. All records and

 

files pertaining to either of those offices, or to any of the

 

powers and duties transferred under this section, are a part of the

 

records and files of the department of agriculture and shall be

 

preserved accordingly. All duties of the secretary of state imposed

 

by law regarding the collection and publication of statistics

 

relating to agriculture and agricultural interests within the state

 

and the Michigan weather service are also transferred to the

 

department. of agriculture. All records and data of the secretary

 

of state regarding agriculture and agricultural interests, and the

 

publication of a summary of the observations of the director of the

 

Michigan weather service, shall be delivered to the department of

 

agriculture by the secretary of state. The secretary of state is

 

relieved from further performance of those duties.

 

     Sec. 5. (1) The state department of agriculture shall foster

 

do all of the following:

 

     (a) Foster and promote in every possible way the agricultural

 

interests of this state. ; shall cooperate

 

     (b) Cooperate with agricultural agencies in the different

 

counties of the state and of the federal government. ; shall foster

 

     (c) Foster direct trading between the producer and consumer. ;

 

and shall prevent,

 

     (d) Prevent and assist in preventing, by all available means

 

authorized by law, the sale of unimproved lands and lands not

 

suitable for agricultural development within the state by fraud,

 

misrepresentation, or deceit and the publication of false or

 

misleading statements or advertising matter designed to effect such

 

sales.

 

     (2) The powers and duties imposed by this act on the state

 

department of agriculture shall be exercised and performed under

 

the supervisory control of the state administrative board.