SB-0225, As Passed Senate, April 26, 2005

SUBSTITUTE FOR

SENATE BILL NO. 225

     A bill to create an agricultural tourism advisory commission;

to provide for its powers and duties; and to repeal acts and parts

of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Agricultural tourism" means the practice of visiting an

agribusiness, horticultural, or agricultural operation, including,

but not limited to, a farm or winery or a companion animal or

livestock show, for the purpose of recreation, education, or active

involvement in the operation, other than as a contractor or

employee of the operation.

     (b) "Commission" means the agricultural tourism zoning

advisory commission created in section 2.

     (c) "Department" means the department of agriculture.

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

     Sec. 2. (1) The agricultural tourism zoning advisory

commission is created within the department.

     (2) The commission shall consist of the following members

appointed by the director:

     (a) Three individuals representing agricultural tourism

enterprises.

     (b) Two individuals representing local government.

     (c) One individual representing the travel Michigan division

of the Michigan economic development corporation.

     (d) One individual representing the department.

     (3) The members first appointed to the commission shall be

appointed within 60 days after the effective date of this act.

     (4) Members of the commission shall serve for the life of the

commission.

     (5) If a vacancy occurs on the commission, the director shall

make an appointment to fill the vacancy.

     (6) A member of the commission may be removed by the director,

for incompetency, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

     Sec. 3. (1) The first meeting of the commission shall be

called by the director. At the first meeting, the commission shall

elect from among its members a chairperson and other officers as it

considers necessary or appropriate. After the first meeting, the

commission shall meet at least quarterly, or more frequently at the

call of the chairperson or if requested by 3 or more members.

     (2) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. A majority of the members present and serving are

required for official action of the commission.

     (3) The business that the commission may perform shall be

conducted at a public meeting of the commission held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

     (4) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

     (5) Members of the commission shall serve without

compensation. However, members of the commission may be reimbursed

for their actual and necessary expenses incurred in the performance

of their official duties as members of the commission.

     Sec. 4. The commission shall do all of the following:

     (a) Not more than 1 year and 60 days after the effective date

of this act, submit to the governor and the committees of the

senate and house of representatives with primary responsibility for

agriculture issues, tourism issues, and local zoning issues a

report that includes all of the following:

     (i) A discussion of the effects of local zoning on agricultural

tourism.

     (ii) Model local zoning ordinance provisions to promote

agricultural tourism.

     (iii) Recommendations concerning the use of logo signage to

promote agricultural tourism.

     (iv) Recommendations for other measures to promote and remove

barriers to agricultural tourism.

     (v) Other recommendations concerning agricultural tourism.

     (b) Undertake studies for the purposes of the report required

under subdivision (a).

     Sec. 5. This act is repealed effective 1 year and 90 days

after the effective date of this act.