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.