October 27, 2015, Introduced by Rep. Iden and referred to the Committee on Agriculture.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 303 (MCL 436.1303).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
303. (1) The grape and wine industry council is created
in
under Executive
Reorganization Order No. 2014-2, MCL 333.26253,
is
within the department of agriculture and rural development. The
Beginning with the effective date of the 2015 amendatory act that
amended
this section, the council shall
consist consists of all of
the following 14 members:
(a)
Three wine makers.
(b)
A wine grape grower.
(a) (c)
The director of consumer and
industry services chief
executive officer of the Michigan economic development corporation
or his or her designee.
(b) (d)
The director of the department of
agriculture and
rural development or his or her designee.
(c) (e)
A staff member of Michigan state
university State
University appointed by, and serving at the pleasure of, the dean
of the college of agriculture and natural resources of Michigan
state
university.State University.
(d) (f)
The chairperson of the commission
or his or her
designee, as an ex officio member.
(e) The following members appointed by the governor:
(i) (g) A person An individual who operates a retail food
establishment that holds a specially designated merchant license
and
sells Michigan wines or a person an individual who operates a
restaurant that holds a class C license and serves Michigan wines.
(ii) (h)
A beer and wine wholesaler who
markets Michigan wine.
(iii) (i)
Not more than 2 additional Two
members appointed as
prescribed
in subsection (3).of the
public.
(iv) Three wine makers.
(v) A wine grape grower.
(vi) One member representing the micro brew industry.
(vii) One member representing the interests of the agriculture
industry who works with micro brewers.
(2)
The members of the council described in subsection (1)(a),
(b),
(g), and (h) shall be appointed by the governor. The council
members
appointed under subsection (1)(g) and (h) shall be
appointed
for 2-year terms beginning on October 1, 1991. Of the
council
members appointed for terms beginning October 1, 1991, 1
shall
be appointed for a 1-year term, and 3 shall be appointed for
terms
of 2 years each. All appointments for terms beginning on or
after
October 1, 1992 shall be for 2 years each. A member shall
continue
to serve until a qualified successor has been appointed.
Except as otherwise provided in subsection (3), members of the
council shall serve for terms of 3 years or until a successor is
appointed, whichever is later. A member shall not serve more than 2
consecutive
terms. A vacancy on the board shall must be filled in
the same manner as the original appointment. The director of the
department
of agriculture shall act as and
rural development is the
chairperson of the council.
(3)
The governor may appoint not more than 2 additional
members
to the council who shall assist the council in performing
its
duties, but who shall not have the power to vote. The persons
appointed
under this subsection shall not be members of the
classified
state civil service, shall serve at the pleasure of the
governor,
and shall receive salaries and benefits determined and
paid
by the department of agriculture.The
following apply to
members described in subsection (1)(e)(i) to (v) who were first
appointed under Executive Reorganization Order No. 2014-2, MCL
333.26253:
(a) The following members shall serve until February 1, 2016:
(i) The member described in subsection (1)(e)(i).
(ii) One member described in subsection (1)(e)(iii).
(iii) One member described in subsection (1)(e)(iv).
(iv) The member described in subsection (1)(e)(v).
(b) The following members shall serve until February 1, 2017:
(i) The member described in subsection (1)(e)(ii).
(ii) One member described in subsection (1)(e)(iii).
(iii) Two members described in subsection (1)(e)(iv).
(4)
The council may employ personnel and incur such expenses
as
that are necessary to carry out the purposes of the
council
under
this act. All such The expenses shall must be paid from fees
credited
to the wine industry council under section 543(2). A
member
of the council or an employee or agent of the council shall
is
not be personally liable on the
contracts of the council.
(5) A nongovernmental member of the council shall receive
$50.00 per day for each day spent in actual attendance at meetings
of the council and traveling expenses while on council business in
accordance with standard travel regulations of the department of
technology, management, and budget.
(6) The council shall maintain accurate books and records, and
all
funds received by the council shall must be used to implement
and enforce this section.
(7) The council shall do all of the following:
(a) Provide for research on wine grapes and wines, including,
but not limited to, methods of planting, growing, controlling
insects and diseases, charting microclimates and locations for
growing desirable varieties of wine grapes, marketing, processing,
distribution, advertising, sales production, and product
development.
(b) Provide the wine industry, including growers, wineries,
distributors, and retailers, with information relative to proper
methods of handling and selling wine grapes and wines.
(c) Provide for market surveys and analyses for purposes of
expanding existing markets and creating new and larger markets for
wine grapes and wines.
(d) Provide for the promotion of the sale of Michigan wine
grapes and wines for the purpose of maintaining or expanding
present markets and creating new and larger domestic and foreign
markets.
(e) Develop and administer financial aid programs to wine
grape growers to encourage the increased planting in this state of
desirable grape varieties in microclimates determined to provide
the best conditions for producing quality wines.
(8)
The council may promulgate rules pursuant to under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, for the purposes of implementing and enforcing this
section.
However, a rule the
council shall not be promulgated
promulgate a rule that conflicts with a rule promulgated by the
commission
pursuant to under section 215.
(9) As used in this section, "council" means the grape and
wine
industry council created in subsection (1).under Executive
Reorganization Order No. 2014-2, MCL 333.26253.