Bill Text: MI SB0997 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Agriculture; associations and commissions; powers and duties of the commission of agriculture; restore. Amends sec. 1 of 1921 PA 13 (MCL 285.1).

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced - Dead) 2010-02-09 - Referred To Committee On Agriculture And Bioeconomy [SB0997 Detail]

Download: Michigan-2009-SB0997-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 997

 

 

December 2, 2009, Introduced by Senators VAN WOERKOM, JELINEK, BROWN, CROPSEY, STAMAS, GARCIA, GLEASON, GILBERT, KUIPERS, BIRKHOLZ, NOFS, RICHARDVILLE and JANSEN and referred to the Committee on Agriculture and Bioeconomy.

 

 

 

     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 section 1 (MCL 285.1).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

agriculture, which shall possess the powers and perform the duties

 

hereinafter granted and conferred.

 

     (2) The general administration of said the powers and duties

 

described in subsection (1) shall be vested in a bipartisan

 

commission of agriculture, which shall be composed of 5 members

 

appointed by the governor, subject to confirmation by the senate. :

 

Provided, That 1 One 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 those activities. The

 

term of office of each member of the commission shall be 6 years, :

 

Provided, That except 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 commission shall hold his

 

office until the appointment and qualification of his a successor.

 

     (3) 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 except that 1 meeting shall be held each month.

 

     (4) The commission shall appoint and employ a director of

 

agriculture who shall continue in office at the pleasure of the

 

commission and who shall receive such annual salary as shall be is

 

appropriated by the legislature. He The director of agriculture may

 

appoint, with the approval of the commission, such assistants and

 

employees as may be necessary to perform the duties hereby imposed.

 

, the The number of such assistants and employees, and the

 

compensation payable to all persons so appointed and employed,

 

being within are subject to the appropriation made therefor by the

 

legislature.

 

     (5) The members of the commission shall receive compensation

 

of $20.00 per day when in actual performance of duties, : Provided,

 

That except that no commissioner shall receive more than $400.00 in

 

any fiscal year as compensation. The salaries of all officers and

 

employees hereby authorized, and the necessary expenses thereof

 

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 department

 

of management and budget shall provide suitable offices at Lansing

 

and proper office equipment for the use of said the department.

 

     (6) 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 in the office of the

 

secretary of state.

 

     (7) Whenever, in In any law of the state if reference is made

 

to the commissioner of agriculture, the reference shall be deemed

 

considered to be made to the director of agriculture.

 

     Enacting section 1. This amendatory act takes effect January

 

18, 2010.

 

     Enacting section 2. This amendatory act is restorative of

 

certain authority transferred in section V.A. of Executive Order

 

No. 2009-45 and is intended to republish this section so as to do

 

all of the following:

 

     (a) Supersede the type II transfer of the Michigan commission

 

of agriculture to the department of agriculture.

 

     (b) Supersede the authority of the governor to appoint the

 

director of the department of agriculture.

 

     (c) Restore the commission of agriculture as the head of the

 

department of agriculture.