February 17, 2005, Introduced by Senators BROWN, VAN WOERKOM, GILBERT, BIRKHOLZ, SANBORN, CROPSEY, GOSCHKA, ALLEN, STAMAS, HARDIMAN, GARCIA, JELINEK and BARCIA and referred to the Committee on Agriculture, Forestry and Tourism.
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, 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.
Sec. 2. (1) The agricultural tourism zoning advisory
commission is created within the department of agriculture.
(2) The commission shall consist of the following members:
(a) Three individuals representing agricultural tourism
enterprises, 2 of whom shall be appointed by the senate majority
leader and 1 of whom shall be appointed by the speaker of the house
of representatives.
(b) Two individuals representing local government, 1 of whom
shall be appointed by the senate majority leader and 1 of whom
shall be appointed by the speaker of the house of representatives.
(c) One individual representing the travel Michigan division
of the Michigan economic development corporation, who shall be
appointed by the speaker of the house of representatives.
(d) One individual representing the department of agriculture,
who shall be appointed by the senate majority leader.
(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, an appointment to
fill the vacancy shall be made in the same manner as the original
appointment.
(6) A member of the commission may be removed, by the officer
who appointed the member, 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 of the department of agriculture. 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 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.